The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 32 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Hayes, Patmon
Cosponsors:
Representatives Hood, Adams, J., Grossman, McGregor, Derickson, Barnes, Thompson, Beck, Roegner, Reece, Blair, Ruhl, Huffman, Milkovich
A BILL
To amend sections 2151.011, 3313.48, 3313.533,
3313.62, 3313.88, 3317.01, 3317.03, 3321.05,
3326.11, and 3327.01; to amend, for the purpose of
adopting a new section number as indicated in
parentheses, section 3313.88 (3313.482); to enact
new section 3313.481 and section 3314.092; and to
repeal sections 3313.481 and 3313.482 of the
Revised Code to establish a minimum school year
for school districts, STEM schools, and chartered
nonpublic schools based on hours, rather than
days, of instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 3313.48, 3313.533,
3313.62, 3313.88, 3317.01, 3317.03, 3321.05, 3326.11, and 3327.01
be amended; section 3313.88 (3313.482) be amended for the purpose
of adopting a new section number as indicated in parentheses; and
new section 3313.481 and section 3314.092 of the Revised Code be
enacted to read as follows:
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter
2152. of the Revised Code:
(a) The division of the court of common pleas specified in
section 2101.022 or 2301.03 of the Revised Code as having
jurisdiction under this chapter and Chapter 2152. of the Revised
Code or as being the juvenile division or the juvenile division
combined with one or more other divisions;
(b) The juvenile court of Cuyahoga county or Hamilton county
that is separately and independently created by section 2151.08 or
Chapter 2153. of the Revised Code and that has jurisdiction under
this chapter and Chapter 2152. of the Revised Code;
(c) If division (A)(1)(a) or (b) of this section does not
apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary or
permanent legal custody of children, that is privately operated in
this state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in certified
foster homes;
(c) Provides adoption services in conjunction with a public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food,
clothing, and shelter to ensure the child's health and physical
safety and the provision by a child's parent or parents of
specialized services warranted by the child's physical or mental
needs.
(2) "Adult" means an individual who is eighteen years of age
or older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.
(4) "Alternative response" means the public children services
agency's response to a report of child abuse or neglect that
engages the family in a comprehensive evaluation of child safety,
risk of subsequent harm, and family strengths and needs and that
does not include a determination as to whether child abuse or
neglect occurred.
(5) "Certified foster home" means a foster home, as defined
in section 5103.02 of the Revised Code, certified under section
5103.03 of the Revised Code.
(6) "Child" means a person who is under eighteen years of
age, except that the juvenile court has jurisdiction over any
person who is adjudicated an unruly child prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, a person who is so adjudicated an unruly child shall
be deemed a "child" until the person attains twenty-one years of
age.
(7) "Child day camp," "child care," "child day-care center,"
"part-time child day-care center," "type A family day-care home,"
"licensed type B family day-care home," "type B family day-care
home," "administrator of a child day-care center," "administrator
of a type A family day-care home," and "in-home aide" have the
same meanings as in section 5104.01 of the Revised Code.
(8) "Child care provider" means an individual who is a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family day-care
home, or an in-home aide or an individual who is licensed, is
regulated, is approved, operates under the direction of, or
otherwise is certified by the department of job and family
services, department of developmental disabilities, or the early
childhood programs of the department of education.
(9) "Chronic truant" has the same meaning as in section
2152.02 of the Revised Code.
(10) "Commit" means to vest custody as ordered by the court.
(11) "Counseling" includes both of the following:
(a) General counseling services performed by a public
children services agency or shelter for victims of domestic
violence to assist a child, a child's parents, and a child's
siblings in alleviating identified problems that may cause or have
caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling
services provided to correct or alleviate any mental or emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. of
the Revised Code to engage in social work or professional
counseling.
(12) "Custodian" means a person who has legal custody of a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(13) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(14) "Detention" means the temporary care of children pending
court adjudication or disposition, or execution of a court order,
in a public or private facility designed to physically restrict
the movement and activities of children.
(15) "Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.
(16) "Differential response approach" means an approach that
a public children services agency may use to respond to accepted
reports of child abuse or neglect with either an alternative
response or a traditional response.
(17) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(18) "Guardian" means a person, association, or corporation
that is granted authority by a probate court pursuant to Chapter
2111. of the Revised Code to exercise parental rights over a child
to the extent provided in the court's order and subject to the
residual parental rights of the child's parents.
(19) "Habitual truant" means any child of compulsory school
age who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for five or more
consecutive school days, seven or more school days in one school
month, or twelve or more school days in a school year.
(20) "Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(21) "Legal custody" means a legal status that vests in the
custodian the right to have physical care and control of the child
and to determine where and with whom the child shall live, and the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(22) A "legitimate excuse for absence from the public school
the child is supposed to attend" includes, but is not limited to,
any of the following:
(a) The fact that the child in question has enrolled in and
is attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04 of the Revised Code;
(c) The fact that the child in question has received an age
and schooling certificate in accordance with section 3331.01 of
the Revised Code.
(23) "Mental illness" and "mentally ill person subject to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(24) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or
omission that is described in section 2919.22 of the Revised Code
and is committed by the parent or other person responsible for the
child's care.
(25) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(26) "Nonsecure care, supervision, or training" means care,
supervision, or training of a child in a facility that does not
confine or prevent movement of the child within the facility or
from the facility.
(27) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(28) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(29) "Out-of-home care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to
the issuance of a final decree of adoption, organizations,
certified organizations, child day-care centers, type A family
day-care homes, type B family day-care homes, child care provided
by in-home aides, group home providers, group homes, institutions,
state institutions, residential facilities, residential care
facilities, residential camps, day camps, public schools,
chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(30) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper or
necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(31) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed physician
who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the
drug all unfavorable or dangerous side effects from the use of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there is
substantial risk that the isolation, if continued, will impair or
retard the mental health or physical well-being of the child.
(32) "Permanent custody" means a legal status that vests in a
public children services agency or a private child placing agency,
all parental rights, duties, and obligations, including the right
to consent to adoption, and divests the natural parents or
adoptive parents of all parental rights, privileges, and
obligations, including all residual rights and obligations.
(33) "Permanent surrender" means the act of the parents or,
if a child has only one parent, of the parent of a child, by a
voluntary agreement authorized by section 5103.15 of the Revised
Code, to transfer the permanent custody of the child to a public
children services agency or a private child placing agency.
(34) "Person" means an individual, association, corporation,
or partnership and the state or any of its political subdivisions,
departments, or agencies.
(35) "Person responsible for a child's care in out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization;
certified organization; child day-care center; type A family
day-care home; licensed type B family day-care home; group home;
institution; state institution; residential facility; residential
care facility; residential camp; day camp; school district;
community school; chartered nonpublic school; educational service
center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of
an extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(36) "Physically impaired" means having one or more of the
following conditions that substantially limit one or more of an
individual's major life activities, including self-care, receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic
fever or any other similar chronic or acute health problem, or
amputation or another similar cause.
(37) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(38) "Placement in foster care" means the arrangement by a
public children services agency or a private child placing agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(39) "Planned permanent living arrangement" means an order of
a juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children services agency or a private child placing agency without
the termination of parental rights.
(b) The order permits the agency to make an appropriate
placement of the child and to enter into a written agreement with
a foster care provider or with another person or agency with whom
the child is placed.
(40) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01 of the
Revised Code.
(41) "Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.
(42) "Protective supervision" means an order of disposition
pursuant to which the court permits an abused, neglected,
dependent, or unruly child to remain in the custody of the child's
parents, guardian, or custodian and stay in the child's home,
subject to any conditions and limitations upon the child, the
child's parents, guardian, or custodian, or any other person that
the court prescribes, including supervision as directed by the
court for the protection of the child.
(43) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(44) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(45) "Residential camp" means a program in which the care,
physical custody, or control of children is accepted overnight for
recreational or recreational and educational purposes.
(46) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(47) "Residential facility" means a home or facility that is
licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.
(48) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(49) "School day" means the school day established by the
state board of education of the applicable school district
pursuant to section 3313.48 3313.481 of the Revised Code.
(50) "School month" and "school year" have has the same
meanings meaning as in section 3313.62 of the Revised Code.
(51) "Secure correctional facility" means a facility under
the direction of the department of youth services that is designed
to physically restrict the movement and activities of children and
used for the placement of children after adjudication and
disposition.
(52) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(53) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(54) "Shelter for victims of domestic violence" has the same
meaning as in section 3113.33 of the Revised Code.
(55) "Temporary custody" means legal custody of a child who
is removed from the child's home, which custody may be terminated
at any time at the discretion of the court or, if the legal
custody is granted in an agreement for temporary custody, by the
person who executed the agreement.
(56) "Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation
of the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and
the circumstances surrounding the alleged harm or risk of harm.
(C) For the purposes of this chapter, a child shall be
presumed abandoned when the parents of the child have failed to
visit or maintain contact with the child for more than ninety
days, regardless of whether the parents resume contact with the
child after that period of ninety days.
Sec. 3313.48. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall provide for the free education of the youth of school age
within the district under its jurisdiction, at such places as will
be most convenient for the attendance of the largest number
thereof. Except as provided in section 3313.481 of the Revised
Code, each Each school so provided and each chartered nonpublic
school shall be open for instruction with pupils in attendance,
including scheduled classes, supervised activities, and approved
education options but excluding lunch and breakfast periods and
extracurricular activities, for not less than one hundred
eighty-two days four hundred fifty-five hours in the case of
pupils in kindergarten unless such pupils are provided all-day
kindergarten, as defined in section 3321.05 of the Revised Code,
in which case the pupils shall be in attendance for nine hundred
ten hours; nine hundred ten hours in the case of pupils in grades
one through six; and one thousand one hours in the case of pupils
in grades seven through twelve in each school year, which may
include all of the following:
(A)(1) Up to four the equivalent of two school days per year
in which classes are dismissed one-half day early or the
equivalent amount of time during a different number of days during
which pupils would otherwise be in attendance but are not required
to attend for the purpose of individualized parent-teacher
conferences and reporting periods;
(B)(2) Up to the equivalent of two school days per year
during which pupils would otherwise be in attendance but are not
required to attend for professional meetings of teachers
when such
days occur during a regular school week and schools are not in
session;
(C) The number of days the school is closed as a result of
public calamity, as provided in section 3317.01 of the Revised
Code (3) Morning and afternoon recess periods of not more than
fifteen minutes duration per period for pupils in grades
kindergarten through six.
The state board of education shall adopt standards for
defining "school day" as used in sections 3313.48 and 3317.01 of
the Revised Code.
Except as otherwise provided in this section, each day for
grades seven through twelve shall consist of not less than five
clock hours with pupils in attendance, except in such emergency
situations, including lack of classroom space, as are approved by
the state board of education. Except as otherwise provided in this
section, each day for grades one through six shall consist of not
less than five clock hours with pupils in attendance which may
include fifteen minute morning and afternoon recess periods,
except in such emergency situations, including lack of classroom
space, as are approved by the state board of education.
(B) Not later than thirty days prior to adopting a school
calendar, the board of education of each city, exempted village,
and local school district shall hold a public hearing on the
school calendar, addressing topics that include, but are not
limited to, the total number of hours in a school year, length of
school day, and beginning and end dates of instruction. Each board
shall publish notice of the hearing in a newspaper of general
circulation in the district not later than thirty days prior to
the hearing.
(C) No school operated by a city, exempted village, local, or
joint vocational school district shall reduce the number of hours
in each school year that the school is scheduled to be open for
instruction from the number of hours per year the school was open
for instruction during the previous school year unless the
reduction is approved by a resolution adopted by the district
board of education. Any reduction so approved shall not result in
fewer hours of instruction per school year than the applicable
number of hours required under division (A) of this section.
(D) Prior to making any change in the hours or days in which
a high school under its jurisdiction is open for instruction, the
board of education of each city, exempted village, and local
school district shall consider the compatibility of the proposed
change with the scheduling needs of any joint vocational school
district in which any of the high school's students are also
enrolled. The board shall consider the impact of the proposed
change on student access to the instructional programs offered by
the joint vocational school district, incentives for students to
participate in career-technical education, transportation, and the
timing of graduation. The board shall provide the joint vocational
school district board with advance notice of the proposed change
and the two boards shall enter into a written agreement
prescribing reasonable accommodations to meet the scheduling needs
of the joint vocational school district prior to implementation of
the change.
(E) Prior to making any change in the hours or days in which
a school under its jurisdiction is open for instruction, the board
of education of each city, exempted village, and local school
district shall consider the compatibility of the proposed change
with the scheduling needs of any community school established
under Chapter 3314. of the Revised Code to which the district is
required to transport students under sections 3314.09 and 3327.01
of the Revised Code. The board shall consider the impact of the
proposed change on student access to the instructional programs
offered by the community school, transportation, and the timing of
graduation. The board shall provide the sponsor, governing
authority, and operator of the community school with advance
notice of the proposed change, and the board and the governing
authority, or operator if such authority is delegated to the
operator, shall enter into a written agreement prescribing
reasonable accommodations to meet the scheduling needs of the
community school prior to implementation of the change.
(F) Prior to making any change in the hours or days in which
the schools under its jurisdiction are open for instruction, the
board of education of each city, exempted village, and local
school district shall consult with the chartered nonpublic schools
to which the district is required to transport students under
section 3327.01 of the Revised Code and shall consider the effect
of the proposed change on the schedule for transportation of those
students to their nonpublic schools. The governing authority of a
chartered nonpublic school shall consult with each school district
board of education that transports students to the chartered
nonpublic school under section 3327.01 of the Revised Code prior
to making any change in the hours or days in which the nonpublic
school is open for instruction.
(G) The state board of education shall not adopt or enforce
any rule or standard that imposes on chartered nonpublic schools
the procedural requirements imposed on school districts by
divisions (B), (C), (D), and (E) of this section.
Sec. 3313.481. Wherever in Title XXXIII of the Revised Code
the term "school day" is used, unless otherwise specified, that
term shall be construed to mean the time during a calendar day
that a school is open for instruction pursuant to the schedule
adopted by the board of education of the school district or the
governing authority of the chartered nonpublic school in
accordance with section 3313.48 of the Revised Code.
Sec. 3313.88 3313.482. (A)(1) Prior to the first day of
August of each school year, the board of education of any school
district or the governing authority of any chartered nonpublic
school may submit to the department of education a plan to require
students to access and complete classroom lessons posted on the
district's or nonpublic school's web portal or web site in order
to make up
days hours in that school year on which it is
necessary to close schools for any of the reasons specified in
division (B) of section 3317.01 of the Revised Code in excess of
the number of days permitted under sections 3313.48, 3313.481, and
3317.01 of the Revised Code disease epidemic, hazardous weather
conditions, inoperability of school buses or other equipment
necessary to the school's operation, damage to a school building,
or other temporary circumstances due to utility failure rendering
the school building unfit for school use.
Prior to the first day of August of each school year, the
governing authority of any community school established under
Chapter 3314. that is not an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code, may
submit to the department a plan to require students to access and
complete classroom lessons posted on the school's web portal or
web site in order to make up days or hours in that school year on
which it is necessary to close the school for any of the reasons
specified in division (L)(4) of section 3314.08 of the Revised
Code so that the school is in compliance with the minimum number
of hours required under Chapter 3314. of the Revised Code.
A plan submitted by a school district board or, chartered
nonpublic school governing authority shall provide for making up
any number of days, up to a maximum of three days. A plan
submitted by a, or community school governing authority shall
provide for making up any number of hours, up to a maximum of the
number of hours that are the equivalent of three school days.
Provided the plan meets all requirements of this section, the
department shall permit the board or governing authority to
implement the plan for the applicable school year.
(2) Each plan submitted under this section by a school
district board of education shall include the written consent of
the teachers' employee representative designated under division
(B) of section 4117.04 of the Revised Code.
(3) Each plan submitted under this section shall provide for
the following:
(a) Not later than the first day of November of the school
year, each classroom teacher shall develop a sufficient number of
lessons for each course taught by the teacher that school year to
cover the number of make-up days or hours specified in the plan.
The teacher shall designate the order in which the lessons are to
be posted on the district's, community school's, or nonpublic
school's web portal or web site in the event of a school closure.
Teachers may be granted up to one professional development day to
create lesson plans for those lessons.
(b) To the extent possible and necessary, a classroom teacher
shall update or replace, based on current instructional progress,
one or more of the lesson plans developed under division (A)(3)(a)
of this section before they are posted on the web portal or web
site under division (A)(3)(c) of this section or distributed under
division (B) of this section.
(c) As soon as practicable after a school closure, a district
or school employee responsible for web portal or web site
operations shall make the designated lessons available to students
on the district's, community school's, or nonpublic school's
portal or site. A lesson shall be posted for each course that was
scheduled to meet on the day or hours of the closure.
(d) Each student enrolled in a course for which a lesson is
posted on the portal or site shall be granted a two-week period
from the date of posting to complete the lesson. The student's
classroom teacher shall grade the lesson in the same manner as
other lessons. The student may receive an incomplete or failing
grade if the lesson is not completed on time.
(e) If a student does not have access to a computer at the
student's residence and the plan does not include blizzard bags
under division (B) of this section, the student shall be permitted
to work on the posted lessons at school after the student's school
reopens. If the lessons were posted prior to the reopening, the
student shall be granted a two-week period from the date of the
reopening, rather than from the date of posting as otherwise
required under division (A)(3)(d) of this section, to complete the
lessons. The district board or community school or nonpublic
school governing authority may provide the student access to a
computer before, during, or after the regularly scheduled school
day or may provide a substantially similar paper lesson in order
to complete the lessons.
(B)(1) In addition to posting classroom lessons online under
division (A) of this section, the board of education of any school
district or governing authority of any community or chartered
nonpublic school may include in the plan distribution of "blizzard
bags," which are paper copies of the lessons posted online.
(2) If a school opts to use blizzard bags, teachers shall
prepare paper copies in conjunction with the lessons to be posted
online and update the paper copies whenever the teacher updates
the online lesson plans.
(3) The board of education of any school district or
governing authority of any community or chartered nonpublic school
that opts to use blizzard bags shall specify in the plan the
method of distribution of blizzard bag lessons, which may include,
but not be limited to, requiring distribution by a specific
deadline or requiring distribution prior to anticipated school
closure as directed by the superintendent of a school district or
the principal, director, chief administrative officer, or the
equivalent, of a school.
(4) Students shall turn in completed lessons in accordance
with division (A)(3)(d) of this section.
(C)(1) No school district that implements a plan in
accordance with this section shall be considered to have failed to
comply with division (B) of section 3317.01 of the Revised Code
with respect to the number of make-up days hours specified in the
plan.
(2) No community school that implements a plan in accordance
with this section shall be considered to have failed to comply
with the minimum number of hours required under Chapter 3314. of
the Revised Code with respect to the number of make-up hours
specified in the plan.
Sec. 3313.533. (A) The board of education of a city,
exempted village, or local school district may adopt a resolution
to establish and maintain an alternative school in accordance with
this section. The resolution shall specify, but not necessarily be
limited to, all of the following:
(1) The purpose of the school, which purpose shall be to
serve students who are on suspension, who are having truancy
problems, who are experiencing academic failure, who have a
history of class disruption, who are exhibiting other academic or
behavioral problems specified in the resolution, or who have been
discharged or released from the custody of the department of youth
services under section 5139.51 of the Revised Code;
(2) The grades served by the school, which may include any of
grades kindergarten through twelve;
(3) A requirement that the school be operated in accordance
with this section. The board of education adopting the resolution
under division (A) of this section shall be the governing board of
the alternative school. The board shall develop and implement a
plan for the school in accordance with the resolution establishing
the school and in accordance with this section. Each plan shall
include, but not necessarily be limited to, all of the following:
(a) Specification of the reasons for which students will be
accepted for assignment to the school and any criteria for
admission that are to be used by the board to approve or
disapprove the assignment of students to the school;
(b) Specification of the criteria and procedures that will be
used for returning students who have been assigned to the school
back to the regular education program of the district;
(c) An evaluation plan for assessing the effectiveness of the
school and its educational program and reporting the results of
the evaluation to the public.
(B) Notwithstanding any provision of Title XXXIII of the
Revised Code to the contrary, the alternative school plan may
include any of the following:
(1) A requirement that on each school day students must
attend school or participate in other programs specified in the
plan or by the chief administrative officer of the school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time required in the plan or by the chief
administrative officer;
(2) Restrictions on student participation in extracurricular
or interscholastic activities;
(3) A requirement that students wear uniforms prescribed by
the district board of education.
(C) In accordance with the alternative school plan, the
district board of education may employ teachers and nonteaching
employees necessary to carry out its duties and fulfill its
responsibilities or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities.
(D) An alternative school may be established in all or part
of a school building.
(E) If a district board of education elects under this
section, or is required by section 3313.534 of the Revised Code,
to establish an alternative school, the district board may join
with the board of education of one or more other districts to form
a joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the Revised
Code, or a joint educational program under section 3313.842 of the
Revised Code. The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school operated by a nonprofit or for profit entity under this
section shall be licensed and shall be subject to background
checks, as described in section 3319.39 of the Revised Code, in
the same manner as an individual employed by a school district.
(G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district.
(1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following:
(a) A description of the educational program provided at the
alternative school, which shall include:
(i) Provisions for the school to be configured in clusters or
small learning communities;
(ii) Provisions for the incorporation of education technology
into the curriculum;
(iii) Provisions for accelerated learning programs in reading
and mathematics.
(b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code.
(c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs;
(d) A plan for a student's transition from the alternative
school back to a school operated by the school district;
(e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state.
(2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve.
(3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students.
(H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division.
(1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of two consecutive weeks, or as provided in
section 7.16 of the Revised Code, prior to the date specified by
the board for receiving proposals. Notices of requests for
proposals shall contain a general description of the subject of
the proposed contract and the location where the request for
proposals may be obtained. The request for proposals shall include
all of the following information:
(a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed;
(c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined;
(d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed;
(e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond;
(f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties.
(2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following:
(a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school;
(b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board;
(c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school;
(d) Financial responsibility.
(3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract.
The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal treatment
with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice.
(4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract.
(5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract.
(6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code.
(I) Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.62. The school year shall begin on the first day
of July of each calendar year and close on the thirtieth day of
June of the succeeding calendar year. A school week shall consist
of five days, and a school month of four school weeks. A chartered
nonpublic school may be open for instruction with pupils in
attendance on any day of the week, including Saturday or Sunday.
Sec. 3314.092. The governing authority of a community school
established under this chapter shall consult with each school
district board of education that transports students to the
community school under sections 3314.09 and 3327.01 of the Revised
Code prior to making any change in the hours or days in which the
community school is open for instruction.
Sec. 3317.01. As used in this section, "school district,"
unless otherwise specified, means any city, local, exempted
village, joint vocational, or cooperative education school
district and any educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys shall be distributed
pursuant to this chapter without the approval of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
The moneys appropriated for each fiscal year shall be distributed
periodically to each school district unless otherwise provided
for. The state board, in June of each year, shall submit to the
controlling board the state board's year-end distributions
pursuant to this chapter.
Except as otherwise provided, payments under this chapter
shall be made only to those school districts in which:
(A) The school district, except for any educational service
center and any joint vocational or cooperative education school
district, levies for current operating expenses at least twenty
mills. Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for which
such payments are authorized meets the requirement of section
3313.48 or 3313.481 of the Revised Code, with regard to the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, law enforcement emergencies,
inoperability of school buses or other equipment necessary to the
school's operation, damage to a school building, or other
temporary circumstances due to utility failure rendering the
school building unfit for school use, provided that for those
school districts operating pursuant to section 3313.48 of the
Revised Code the number of days the school was actually open for
instruction with pupils in attendance and for individualized
parent-teacher conference and reporting periods is not less than
one hundred seventy-five, or for those school districts operating
on a trimester plan the number of days the school was actually
open for instruction with pupils in attendance not less than
seventy-nine days in any trimester, for those school districts
operating on a quarterly plan the number of days the school was
actually open for instruction with pupils in attendance not less
than fifty-nine days in any quarter, or for those school districts
operating on a pentamester plan the number of days the school was
actually open for instruction with pupils in attendance not less
than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to the equivalent of
three school days or only a portion of the kindergarten students
were in attendance for up to the equivalent of three school days
in order to allow for the gradual orientation to school of such
students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in which
a board of education initiates a plan of operation pursuant to
section 3313.481 of the Revised Code. The minimum requirements of
this section shall again be applicable to such a district
beginning with the school year commencing the second July
succeeding the initiation of one such plan, and for each school
year thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled school day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
A board of education or governing board of an educational
service center which has not conformed with other law and the
rules pursuant thereto, shall not participate in the distribution
of funds authorized by this chapter, except for good and
sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 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)(A)(1) of section 3317.01
3313.482 of the Revised Code, the superintendent may apply to the
superintendent of public instruction for a waiver, under which the
superintendent of public instruction may exempt the district
superintendent from certifying the average daily membership for
that school for that week and specify an alternate week for
certifying the average daily membership of that school.
The average daily membership during such week shall consist
of the sum of the following:
(1) On an FTE basis, the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
(2) On an FTE basis, the number of students entitled to
attend school in the district pursuant to section 3313.64 or
3313.65 of the Revised Code, but receiving educational services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code.
(3) The number of students enrolled in a joint vocational
school district or under a vocational education compact, excluding
any students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code who are enrolled in
another school district through an open enrollment policy as
reported under division (A)(2)(d) of this section and then enroll
in a joint vocational school district or under a vocational
education compact;
(4) The number of children with disabilities, other than
preschool children with disabilities, entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are placed by the district with a county DD board, minus
the number of such children placed with a county DD board in
fiscal year 1998. If this calculation produces a negative number,
the number reported under division (A)(4) of this section shall be
zero.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the average daily membership, each
superintendent shall report separately the following student
counts for the same week for which average daily membership is
certified:
(1) The total average daily membership in regular learning
day classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The number of all preschool children with disabilities
enrolled as of the first day of December in classes in the
district that are eligible for approval under division (B) of
section 3317.05 of the Revised Code and the number of those
classes, which shall be reported not later than the fifteenth day
of December, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 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)(A)(1) of section
3317.01 3313.482 of the Revised Code, the superintendent may apply
to the superintendent of public instruction for a waiver, under
which the superintendent of public instruction may exempt the
district superintendent from certifying the formula ADM for that
school for that week and specify an alternate week for certifying
the formula ADM of that school.
The formula ADM, except as otherwise provided in this
division, shall consist of the average daily membership during
such week, on an FTE basis, of the number of students receiving
any educational services from the district, including students
enrolled in a community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code who are
attending the joint vocational district under an agreement between
the district board of education and the governing authority of the
community school or the governing body of the science, technology,
engineering, and mathematics school and are entitled to attend
school in a city, local, or exempted village school district whose
territory is part of the territory of the joint vocational
district.
The following categories of students shall not be included in
the determination made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the formula ADM, each superintendent shall
report separately the average daily membership included in the
report under division (D)(1) of this section for each of the
following categories of students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the purpose
of determining average daily membership, the membership figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
membership for each school shall be maintained in such manner that
no pupil shall be counted as in membership prior to the actual
date of entry in the school and also in such manner that where for
any cause a pupil permanently withdraws from the school that pupil
shall not be counted as in membership from and after the date of
such withdrawal. There shall not be included in the membership of
any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in average daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
Except as provided in divisions (B)(2) and (F) of this
section, the average daily membership figure of any local, city,
exempted village, or joint vocational school district shall be
determined by dividing the figure representing the sum of the
number of pupils enrolled during each day the school of attendance
is actually open for instruction during the week for which the
average daily membership is being certified by the total number of
days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those children with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school district shall be determined in accordance with
rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school week in
February is at least three per cent greater than that certified
for the first full school week in the preceding October, the
superintendent of schools of any city, exempted village, or joint
vocational school district or educational service center shall
certify such increase to the superintendent of public instruction.
Such certification shall be submitted no later than the fifteenth
day of February. For the balance of the fiscal year, beginning
with the February payments, the superintendent of public
instruction shall use the increased formula ADM in calculating or
recalculating the amounts to be allocated in accordance with
section 3317.022 or 3317.16 of the Revised Code. In no event shall
the superintendent use an increased membership certified to the
superintendent after the fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number of
classes or units for preschool children with disabilities that are
eligible for approval under division (B) of section 3317.05 of the
Revised Code exceeds the number of units that have been approved
for the year under that division, the superintendent of schools of
any city, exempted village, or cooperative education school
district or educational service center shall make the
certifications required by this section for that day. If the
department determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units, the department
shall approve additional units for the fiscal year on the basis of
such average daily membership. For each unit so approved, the
department shall pay an amount computed in the manner prescribed
in section 3317.052 or 3317.19 and section 3317.053 of the Revised
Code.
(3) If a student attending a community school under Chapter
3314., a science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code is not
included in the formula ADM certified for the school district in
which the student is entitled to attend school under section
3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM. This requirement applies regardless of
whether the student was enrolled, as defined in division (E) of
this section, in the community school, the science, technology,
engineering, and mathematics school, or the college-preparatory
boarding school during the week for which the formula ADM is being
certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
This requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
chartered nonpublic school, the school district, or a community
school during the week for which the formula ADM is being
certified.
(5) If a student awarded a scholarship under the 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. 3321.05. (A) As used in this section, "all-day
kindergarten" means a kindergarten class that is in session five
days per week for not less than the same number of clock hours
each day week as for students in grades one through six.
(B) Any school district may operate all-day kindergarten or
extended kindergarten, but no district shall require any student
to attend kindergarten for more than the number of clock hours
required each day for traditional kindergarten by the minimum
standards adopted under division (D) of section 3301.07 of the
Revised Code. Each school district that operates all-day or
extended kindergarten shall accommodate kindergarten students
whose parents or guardians elect to enroll them for the minimum
number of hours.
(C) A school district may use space in child day-care centers
licensed under Chapter 5104. of the Revised Code to provide
all-day kindergarten under this section.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Sec. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of the
Revised Code do not apply to any joint vocational or cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state board
of education prescribes minimum standards pursuant to division (D)
of section 3301.07 of the Revised Code and to which they are
assigned by the board of education of the district of residence or
to and from the nonpublic or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except as provided in section
3327.02 of the Revised Code.
In all city, local, and exempted village school districts
where pupil transportation is required under a career-technical
plan approved by the state board of education under section
3313.90 of the Revised Code, for any student attending a
career-technical program operated by another school district,
including a joint vocational school district, as prescribed under
that section, the board of education of the student's district of
residence shall provide transportation from the public high school
operated by that district to which the student is assigned to the
career-technical program.
In all city, local, and exempted village school districts the
board may provide transportation for resident school pupils in
grades nine through twelve to and from the high school to which
they are assigned by the board of education of the district of
residence or to and from the nonpublic or community high school
which they attend for which the state board of education
prescribes minimum standards pursuant to division (D) of section
3301.07 of the Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a nonpublic or
community school where such transportation would require more than
thirty minutes of direct travel time as measured by school bus
from the public school building to which the pupils would be
assigned if attending the public school designated by the district
of residence.
A board of education shall not be required to transport
elementary or high school pupils to and from a nonpublic or
community school on Saturday or Sunday, unless a board of
education and a nonpublic or community school have an agreement in
place to do so before the effective date of this amendment.
Where it is impractical to transport a pupil by school
conveyance, a board of education may offer payment, in lieu of
providing such transportation in accordance with section 3327.02
of the Revised Code.
In all city, local, and exempted village school districts the
board shall provide transportation for all children who are so
disabled that they are unable to walk to and from the school for
which the state board of education prescribes minimum standards
pursuant to division (D) of section 3301.07 of the Revised Code
and which they attend. In case of dispute whether the child is
able to walk to and from the school, the health commissioner shall
be the judge of such ability. In all city, exempted village, and
local school districts the board shall provide transportation to
and from school or special education classes for educable mentally
retarded children in accordance with standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection of
pupils, faculty members, or employees, practices discrimination
against any person on the grounds of race, color, religion, or
national origin.
Section 2. That existing sections 2151.011, 3313.48,
3313.533, 3313.62, 3313.88, 3317.01, 3317.03, 3321.05, 3326.11,
and 3327.01 and sections 3313.481 and
3313.482 of the Revised
Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect
July 1, 2014. However, to determine whether a school district
satisfied the minimum school year in the 2013-2014 school year in
order to qualify for state funding under Chapter 3317. of the
Revised Code for fiscal year 2015, the Department of Education
shall apply the criteria prescribed in the version of division (B)
of section 3317.01 of the Revised Code in effect prior to July 1,
2014.
Section 4. The amendments to section 2151.011 of the Revised
Code by this act shall take effect July 1, 2014.
This act is not intended to delay the earlier amendments to
section 2151.011 of the Revised Code by Am. Sub. S.B. 316 of the
129th General Assembly that are scheduled to take effect January
1, 2014.
Section 5. The amendments to sections 3313.48, 3313.533,
3313.62, 3317.01, and 3321.05; the repeal and reenactment of
section 3313.481; and the repeal of section 3313.482 of the
Revised Code made by this act do not apply to any collective
bargaining agreement executed under Chapter 4117. of the Revised
Code prior to the effective date of this section. Any collective
bargaining agreement or renewal executed after that date shall
comply with the changes provided for in this act.
|
|