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H. B. No. 343 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 3313.617 of the Revised Code, to
amend the versions of sections 3317.01 and
3317.022 that are scheduled to take effect July 1,
2014, and to amend section 3314.08 and to enact
sections 3314.362, 3314.38, 3317.036, and 3317.24
of the Revised Code on July 1, 2014, regarding
educational programs for certain students and
individuals who have not received a high school
diploma.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.617 of the Revised Code be
amended to read as follows:
Sec. 3313.617. (A) A person who meets all of the following
criteria shall be permitted to take the tests of general
educational development:
(1) The person is at least eighteen years of age;
(2) The person is officially withdrawn from school;
(3) The person has not received a high school diploma or
honors diploma awarded under section 3313.61, 3313.611, 3313.612,
or 3325.08 of the Revised Code.
(B) When a person who is at least sixteen years of age but
less than nineteen eighteen years of age applies to the department
of education to take the tests of general educational development,
the person shall submit with the application written approval from
the superintendent of the school district in which the person was
last enrolled, or the superintendent's designee, except that if
the person was last enrolled in a community school established
under Chapter 3314. of the Revised Code or a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code, the approval shall be from the
principal of the school, or the principal's designee. The
department may require the person also to submit written approval
from the person's parent or guardian or a court official, if the
person is younger than eighteen years of age.
(B)(C) For the purpose of calculating graduation rates for
the school district and building report cards under section
3302.03 of the Revised Code, the department shall count any person
for whom approval is obtained from the superintendent or
principal, or a designee, person's parent or guardian or a court
official under division (A)(B) of this section as a dropout from
the district or school in which the person was last enrolled prior
to obtaining the approval.
Section 2. That existing section 3313.617 of the Revised Code
is hereby repealed.
Section 3. That the versions of sections 3317.01 and 3317.022
that are scheduled to take effect July 1, 2014, and section
3314.08 be amended and sections 3314.362, 3314.38, 3317.036, and
3317.24 of the Revised Code be enacted to read as follows:
Sec. 3314.08. (A) As used in this section:
(1)(a) "Category one career-technical education student"
means a student who is receiving the career-technical education
services described in division (A) of section 3317.014 of the
Revised Code.
(b) "Category two career-technical student" means a student
who is receiving the career-technical education services described
in division (B) of section 3317.014 of the Revised Code.
(c) "Category three career-technical student" means a student
who is receiving the career-technical education services described
in division (C) of section 3317.014 of the Revised Code.
(d) "Category four career-technical student" means a student
who is receiving the career-technical education services described
in division (D) of section 3317.014 of the Revised Code.
(e) "Category five career-technical education student" means
a student who is receiving the career-technical education services
described in division (E) of section 3317.014 of the Revised Code.
(2)(a) "Category one limited English proficient student"
means a limited English proficient student described in division
(A) of section 3317.016 of the Revised Code.
(b) "Category two limited English proficient student" means a
limited English proficient student described in division (B) of
section 3317.016 of the Revised Code.
(c) "Category three limited English proficient student" means
a limited English proficient student described in division (C) of
section 3317.016 of the Revised Code.
(3)(a) "Category one special education student" means a
student who is receiving special education services for a
disability specified in division (A) of section 3317.013 of the
Revised Code.
(b) "Category two special education student" means a student
who is receiving special education services for a disability
specified in division (B) of section 3317.013 of the Revised Code.
(c) "Category three special education student" means a
student who is receiving special education services for a
disability specified in division (C) of section 3317.013 of the
Revised Code.
(d) "Category four special education student" means a student
who is receiving special education services for a disability
specified in division (D) of section 3317.013 of the Revised Code.
(e) "Category five special education student" means a student
who is receiving special education services for a disability
specified in division (E) of section 3317.013 of the Revised Code.
(f) "Category six special education student" means a student
who is receiving special education services for a disability
specified in division (F) of section 3317.013 of the Revised Code.
(4) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(5) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(6) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(7) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in each grade kindergarten through twelve in a community
school established under this chapter, and for each child, the
community school in which the child is enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the full-time equivalent number of students enrolled in
kindergarten in the school who are not receiving special education
and related services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the full-time equivalent number of enrolled students in
kindergarten, who are receiving special education and related
services pursuant to an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in career-technical education programs or classes described in
each of divisions (A) to (E) of section 3317.014 of the Revised
Code that are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
career-technical education programs or classes described in each
of divisions (A) to (E) of section 3317.014 of the Revised Code at
a joint vocational school district or another district in the
career-technical planning district to which the school is
assigned;
(f) The number of students reported under divisions (B)(2)(a)
and (b) of this section who are category one to three limited
English proficient students described in each of divisions (A) to
(C) of section 3317.016 of the Revised Code;
(g) The number of students reported under divisions (B)(2)(a)
and (b) who are economically disadvantaged, as defined by the
department. A student shall not be categorically excluded from the
number reported under division (B)(2)(g) of this section based on
anything other than family income.
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code;
(i) If the school offers a dropout prevention and recovery
program, the number of individuals enrolled in the program under
division (A) of section 3314.38 of the Revised Code, if any, and
the school district in which each individual resides.
A school district board and a community school governing
authority shall include in their respective reports under division
(B) of this section any child admitted in accordance with division
(A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include
in its report under division (B)(2) of this section any student
for whom tuition is charged under division (F) of this section.
(C)(1) Except as provided in division divisions (C)(2) and
(8) of this section, and subject to divisions (C)(3), (4), (5),
(6), and (7) of this section, on a full-time equivalency basis,
for each student enrolled in a community school established under
this chapter, the department of education annually shall deduct
from the state education aid of a student's resident district and,
if necessary, from the payment made to the district under sections
321.24 and 323.156 of the Revised Code and pay to the community
school the sum of the following:
(a) An opportunity grant in an amount equal to the formula
amount;
(b) The per pupil amount of targeted assistance funds
calculated under division (A) of section 3317.0217 of the Revised
Code for the student's resident district, as determined by the
department, X 0.25;
(c) Additional state aid for special education and related
services provided under Chapter 3323. of the Revised Code as
follows:
(i) If the student is a category one special education
student, the amount specified in division (A) of section 3317.013
of the Revised Code;
(ii) If the student is a category two special education
student, the amount specified in division (B) of section 3317.013
of the Revised Code;
(iii) If the student is a category three special education
student, the amount specified in division (C) of section 3317.013
of the Revised Code;
(iv) If the student is a category four special education
student, the amount specified in division (D) of section 3317.013
of the Revised Code;
(v) If the student is a category five special education
student, the amount specified in division (E) of section 3317.013
of the Revised Code;
(vi) If the student is a category six special education
student, the amount specified in division (F) of section 3317.013
of the Revised Code.
(d) If the student is in kindergarten through third grade, an
additional amount of $211, in fiscal year 2014, and $290, in
fiscal year 2015;
(e) If the student is economically disadvantaged, an
additional amount equal to the following:
($269, in fiscal year 2014, or $272, in fiscal year 2015) X
(the resident district's economically disadvantaged index)
(f) Limited English proficiency funds as follows:
(i) If the student is a category one limited English
proficient student, the amount specified in division (A) of
section 3317.016 of the Revised Code;
(ii) If the student is a category two limited English
proficient student, the amount specified in division (B) of
section 3317.016 of the Revised Code;
(iii) If the student is a category three limited English
proficient student, the amount specified in division (C) of
section 3317.016 of the Revised Code.
(g) Career-technical education funds as follows:
(i) If the student is a category one career-technical
education student, the amount specified in division (A) of section
3317.014 of the Revised Code;
(ii) If the student is a category two career-technical
education student, the amount specified in division (B) of section
3317.014 of the Revised Code;
(iii) If the student is a category three career-technical
education student, the amount specified in division (C) of section
3317.014 of the Revised Code;
(iv) If the student is a category four career-technical
education student, the amount specified in division (D) of section
3317.014 of the Revised Code;
(v) If the student is a category five career-technical
education student, the amount specified in division (E) of section
3317.014 of the Revised Code.
Deduction and payment of funds under division (C)(1)(g) of
this section is subject to approval by the lead district of a
career-technical planning district or the department of education
under section 3317.161 of the Revised Code.
(2) When deducting from the state education aid of a
student's resident district for students enrolled in an internet-
or computer-based community school and making payments to such
school under this section, the department shall make the
deductions and payments described in only divisions (C)(1)(a),
(c), and (g) of this section.
No deductions or payments shall be made for a student
enrolled in such school under division (C)(1)(b), (d), (e), or (f)
of this section.
(3)(a) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(B) of section 3317.0214 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(b) The community school shall report under division
(C)(3)(a) of this section, and the department shall pay for, only
the costs of educational expenses and the related services
provided to the student in accordance with the student's
individualized education program. Any legal fees, court costs, or
other costs associated with any cause of action relating to the
student may not be included in the amount.
(4) In any fiscal year, a community school receiving funds
under division (C)(1)(g) of this section shall spend those funds
only for the purposes that the department designates as approved
for career-technical education expenses. Career-technical
educational education expenses approved by the department shall
include only expenses connected to the delivery of
career-technical programming to career-technical students. The
department shall require the school to report data annually so
that the department may monitor the school's compliance with the
requirements regarding the manner in which funding received under
division (C)(1)(g) of this section may be spent.
(5) All funds received under division (C)(1)(g) of this
section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be
spent on curriculum development, purchase, and implementation;
instructional resources and supplies; industry-based program
certification; student assessment, credentialing, and placement;
curriculum specific equipment purchases and leases;
career-technical student organization fees and expenses; home and
agency linkages; work-based learning experiences; professional
development; and other costs directly associated with
career-technical education programs including development of new
programs.
(b) Not more than twenty-five per cent of the funds shall be
used for personnel expenditures.
(6) A community school shall spend the funds it receives
under division (C)(1)(e) of this section in accordance with
section 3317.25 of the Revised Code.
(7) If the sum of the payments computed under division (C)(1)
of this section for the students entitled to attend school in a
particular school district under sections 3313.64 and 3313.65 of
the Revised Code and the sum of payments computed under division
(C)(8) of this section for individuals enrolled under section
3314.38 of the Revised Code, combined, exceeds the sum of that
district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code, the department shall
calculate and apply a proration factor to the payments to all
community schools under
that division those divisions for the
those students entitled to attend school in that district and
individuals.
(8) For each individual who is at least twenty-two but less
than thirty years of age enrolled in a dropout prevention and
recovery program operated by a community school under division (A)
of section 3314.38 of the Revised Code, the department shall
deduct from the state education aid of the school district in
which the individual resides and pay to the community school an
additional payment equal to the amount described in division
(C)(1)(a) of this section.
No deductions or payments shall be made for such an
individual for the purposes specified in division (C)(1)(b), (c),
(d), (e), (f), or (g) of this section.
(D) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(E) A community school may not levy taxes or issue bonds
secured by tax revenues.
(F) No community school shall charge tuition for the
enrollment of any student who is a resident of this state. A
community school may charge tuition for the enrollment of any
student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (C) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(H) The department of education shall adjust the amounts
subtracted and paid under division (C) of this section to reflect
any enrollment of students in community schools for less than the
equivalent of a full school year. The state board of education
within ninety days after April 8, 2003, shall adopt in accordance
with Chapter 119. of the Revised Code rules governing the payments
to community schools under this section including initial payments
in a school year and adjustments and reductions made in subsequent
periodic payments to community schools and corresponding
deductions from school district accounts as provided under
division (C) of this section. For purposes of this section:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school for the period of time beginning on the later of
the date on which the school both has received documentation of
the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on
which the student is entered into the education management
information system established under section 3301.0714 of the
Revised Code. For purposes of applying this division and divisions
(H)(3) and (4) of this section to a community school student,
"learning opportunities" shall be defined in the contract, which
shall describe both classroom-based and non-classroom-based
learning opportunities and shall be in compliance with criteria
and documentation requirements for student participation which
shall be established by the department. Any student's instruction
time in non-classroom-based learning opportunities shall be
certified by an employee of the community school. A student's
enrollment shall be considered to cease on the date on which any
of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Except as otherwise specified in this paragraph, beginning in
the 2011-2012 school year, any student who completed the prior
school year in an internet- or computer-based community school
shall be considered to be enrolled in the same school in the
subsequent school year until the student's enrollment has ceased
as specified in division (H)(2) of this section. The department
shall continue subtracting and paying amounts for the student
under division (C) of this section without interruption at the
start of the subsequent school year. However, if the student
without a legitimate excuse fails to participate in the first one
hundred five consecutive hours of learning opportunities offered
to the student in that subsequent school year, the student shall
be considered not to have re-enrolled in the school for that
school year and the department shall recalculate the payments to
the school for that school year to account for the fact that the
student is not enrolled.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (H)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to disease epidemic, hazardous weather conditions,
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, so
long as the school was actually open for instruction with students
in attendance during that school year for not less than the
minimum number of hours required by this chapter. The department
shall treat the school as if it were open for instruction with
students in attendance during the hours or days waived under this
division.
(I) The department of education shall reduce the amounts paid
under this section to reflect payments made to colleges under
division (B) of section 3365.07 of the Revised Code or through
alternative funding agreements entered into under rules adopted
under section 3365.12 of the Revised Code.
(J)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (C) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(K)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(L) The department shall not subtract from a school
district's state aid account and shall not pay to a community
school under division (C) of this section any amount for any of
the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account and shall not
pay to a community school under division (C) of this section any
amount for that veteran.
Sec. 3314.362. (A) For the purposes of this section:
(1) A community school shall be considered a local
educational agency, as defined in section 9202 of title 20 of the
United States Code.
(2) An "ABLE program" is an adult basic and literacy
education program that offers courses of instruction in basic
skills such as reading, writing, math, problem-solving, and
English as a second language, as well as preparation for the tests
of general educational development.
(B) Beginning on July 1, 2014, any community school
established under this chapter that serves students enrolled in a
dropout prevention and recovery program operated by the school, as
described in division (A)(4)(a) of section 3314.35 of the Revised
Code, is hereby authorized to operate an ABLE program. For the
2014-2015 school year, and for each school year thereafter, the
chancellor of the Ohio board of regents shall consider such a
community school to be eligible for federal or state grants
administered by the chancellor to support the school's ABLE
program.
Sec. 3314.38. (A) An individual who is at least twenty-two
but younger than thirty years of age and who has not been awarded
a high school diploma or a certificate of high school equivalence,
as defined in section 4109.06 of the Revised Code, may enroll for
up to two cumulative school years in a dropout prevention and
recovery program operated by a community school that is designed
to allow enrollees to earn a high school diploma. The community
school shall report that individual's enrollment under division
(B)(2)(i) of section 3314.08 of the Revised Code and shall receive
the amount attributable to the individual's enrollment prescribed
by division (C)(8) of section 3314.08 of the Revised Code.
(B) A community school that enrolls individuals under
division (A) of this section shall be subject to the reporting and
measurement standards developed by the state board of education
under division (C) of section 3317.24 of the Revised Code.
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. Certification of moneys pursuant to
this section shall include the amounts payable to each school
building, at a frequency determined by the superintendent, for
each subgroup of students, as defined in section 3317.40 of the
Revised Code, receiving services, provided for by state funding,
from the district or school. 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 to school districts pursuant to this
chapter shall be calculated based on the annual enrollment
calculated from the three reports required under section sections
3317.03 and 3317.036 of the Revised Code 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 of the Revised Code, with regard to the minimum number of
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.
A school district shall not be considered to have failed to
comply with this division 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.
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. 3317.022. (A) The department of education shall compute
and distribute state core foundation funding to each eligible
school district for the fiscal year, using the information
obtained under section 3317.021 of the Revised Code in the
calendar year in which the fiscal year begins, as prescribed in
the following divisions:
(1) An opportunity grant calculated according to the
following formula:
The formula amount X (formula ADM + preschool scholarship ADM
+ the number of individuals who are at least twenty-two but less
than thirty years of age enrolled in diploma programs as
calculated under division (B) of section 3317.036 of the Revised
Code) X the district's state share index
(2) Targeted assistance funds calculated under divisions (A)
and (B) of section 3317.0217 of the Revised Code;
(3) Additional state aid for special education and related
services provided under Chapter 3323. of the Revised Code
calculated as the sum of the following:
(a) The district's category one special education ADM X the
amount specified in division (A) of section 3317.013 of the
Revised Code X the district's state share index;
(b) The district's category two special education ADM X the
amount specified in division (B) of section 3317.013 of the
Revised Code X the district's state share index;
(c) The district's category three special education ADM X the
amount specified in division (C) of section 3317.013 of the
Revised Code X the district's state share index;
(d) The district's category four special education ADM X the
amount specified in division (D) of section 3317.013 of the
Revised Code X the district's state share index;
(e) The district's category five special education ADM X the
amount specified in division (E) of section 3317.013 of the
Revised Code X the district's state share index;
(f) The district's category six special education ADM X the
amount specified in division (F) of section 3317.013 of the
Revised Code X the district's state share index.
(4) Kindergarten through third grade literacy funds
calculated according to the following formula:
[($125, in fiscal year 2014, or $175, in fiscal year 2015) X
formula ADM for grades kindergarten through three X the district's
state share index] + [($100, in fiscal year 2014, or $160, in
fiscal year 2015) X formula ADM for grades kindergarten through
three]
For purposes of this calculation, the department shall
subtract from a district's formula ADM for grades kindergarten
through three the number of students reported under division
(B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an
internet- or computer-based community school who are in grades
kindergarten through three.
(5) Economically disadvantaged funds calculated according to
the following formula:
($250, in fiscal year 2014, or $253, in fiscal year 2015) X
(the district's economically disadvantaged index) X the number of
students who are economically disadvantaged as certified under
division (B)(21) of section 3317.03 of the Revised Code
(6) Limited English proficiency funds calculated as the sum
of the following:
(a) The district's category one limited English proficient
ADM X the amount specified in division (A) of section 3317.016 of
the Revised Code X the district's state share index;
(b) The district's category two limited English proficient
ADM X the amount specified in division (B) of section 3317.016 of
the Revised Code X the district's state share index;
(c) The district's category three limited English proficient
ADM X the amount specified in division (C) of section 3317.016 of
the Revised Code X the district's state share index.
(7)(a) Gifted identification funds calculated according to
the following formula:
($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the
district's formula ADM
(b) Gifted unit funding calculated under section 3317.051 of
the Revised Code.
(8) Career-technical education funds calculated as the sum of
the following:
(a) The district's category one career-technical education
ADM X the amount specified in division (A) of section 3317.014 of
the Revised Code X the district's state share index;
(b) The district's category two career-technical education
ADM X the amount specified in division (B) of section 3317.014 of
the Revised Code X the district's state share index;
(c) The district's category three career-technical education
ADM X the amount specified in division (C) of section 3317.014 of
the Revised Code X the district's state share index;
(d) The district's category four career-technical education
ADM X the amount specified in division (D) of section 3317.014 of
the Revised Code X the district's state share index;
(e) The district's category five career-technical education
ADM X the amount specified in division (E) of section 3317.014 of
the Revised Code X the district's state share index.
Payment of funds under division (A)(8) of this section is
subject to approval under section 3317.161 of the Revised Code.
(9) Career-technical education associated services funds
calculated according to the following formula:
The district's state share index X the amount for career-technical
education associated services specified in section 3317.014 of the
Revised Code X the sum of categories one through five
career-technical education ADM
(B) In any fiscal year, a school district shall spend for
purposes that the department designates as approved for special
education and related services expenses at least the amount
calculated as follows:
(The formula amount X the total special education ADM) + (the
district's category one special education ADM X the amount
specified in division (A) of section 3317.013 of the Revised Code)
+ (the district's category two special education ADM X the amount
specified in division (B) of section 3317.013 of the Revised Code)
+ (the district's category three special education ADM X the
amount specified in division (C) of section 3317.013 of the
Revised Code) + (the district's category four special education
ADM X the amount specified in division (D) of section 3317.013 of
the Revised Code) + (the district's category five special
education ADM X the amount specified in division (E) of section
3317.013 of the Revised Code) + (the district's category six
special education ADM X the amount specified in division (F) of
section 3317.013 of the Revised Code)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of children with disabilities, compliance with
state rules governing the education of children with disabilities
and prescribing the continuum of program options for children with
disabilities, provision of speech language pathology services, and
the portion of the school district's overall administrative and
overhead costs that are attributable to the district's special
education student population.
The scholarships deducted from the school district's account
under sections 3310.41 and 3310.55 of the Revised Code shall be
considered to be an approved special education and related
services expense for the purpose of the school district's
compliance with this division.
(C) In any fiscal year, a school district receiving funds
under division (A)(8) of this section shall spend those funds only
for the purposes that the department designates as approved for
career-technical education expenses. Career-technical educational
education expenses approved by the department shall include only
expenses connected to the delivery of career-technical programming
to career-technical students. The department shall require the
school district to report data annually so that the department may
monitor the district's compliance with the requirements regarding
the manner in which funding received under division (A)(8) of this
section may be spent.
(D) In any fiscal year, a school district receiving funds
under division (A)(9) of this section, or through a transfer of
funds pursuant to division (I) of section 3317.023 of the Revised
Code, shall spend those funds only for the purposes that the
department designates as approved for career-technical education
associated services expenses, which may include such purposes as
apprenticeship coordinators, coordinators for other
career-technical education services, career-technical evaluation,
and other purposes designated by the department. The department
may deny payment under division (A)(9) of this section to any
district that the department determines is not operating those
services or is using funds paid under division (A)(9) of this
section, or through a transfer of funds pursuant to division (I)
of section 3317.023 of the Revised Code, for other purposes.
(E) All funds received under division (A)(8) of this section
shall be spent in the following manner:
(1) At least seventy-five per cent of the funds shall be
spent on curriculum development, purchase, and implementation;
instructional resources and supplies; industry-based program
certification; student assessment, credentialing, and placement;
curriculum specific equipment purchases and leases;
career-technical student organization fees and expenses; home and
agency linkages; work-based learning experiences; professional
development; and other costs directly associated with
career-technical education programs including development of new
programs.
(2) Not more than twenty-five per cent of the funds shall be
used for personnel expenditures.
(F) A school district shall spend the funds it receives under
division (A)(5) of this section in accordance with section 3317.25
of the Revised Code.
Sec. 3317.036. (A) The superintendent of each city, local,
and exempted village school district shall report to the state
board of education as of the last day of October, March, and June
of each year the enrollment in the district of individuals who are
at least twenty-two but less than thirty years of age under
section 3317.24 of the Revised Code. This report shall be in
addition to the district's report of the enrollment of students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code that is required under section 3317.03
of the Revised Code.
(B) The department of education shall calculate the sum of
the following for each city, local, and exempted village school
district:
(1) All individuals reported to be enrolled in the district
under division (A) of this section;
(2) All individuals residing in the district that are
reported under division (B)(2)(i) of section 3314.08 of the
Revised Code as enrolled in a community school dropout prevention
and recovery program under section 3314.38 of the Revised Code.
Sec. 3317.24. (A) For purposes of this section, "challenged
school district" has the same meaning as in section 3314.02 of the
Revised Code.
(B) If an individual who is at least twenty-two but younger
than thirty years of age and who has not been awarded a high
school diploma or a certificate of high school equivalence, as
defined in section 4109.06 of the Revised Code, resides in a
challenged school district, that individual may enroll in that
district for up to two cumulative school years for the purpose of
earning a high school diploma. The district shall report that
individual's enrollment under division (A) of section 3317.036 of
the Revised Code and shall not report that individual's enrollment
under section 3317.03 of the Revised Code.
(C) The state board of education shall develop standards for
the reporting and measurement of the academic performance of
individuals enrolled in a district under division (B) of this
section and of individuals enrolled in a community school dropout
prevention and recovery program under division (A) of section
3314.38 of the Revised Code. Each district that enrolls
individuals under division (B) of this section and each community
school that enrolls individuals under division (A) of section
3314.38 of the Revised Code shall be subject to the standards
developed under this division.
Section 4. That existing section 3314.08 and the existing
versions of sections 3317.01 and 3317.022 of the Revised Code that
are scheduled to take effect July 1, 2014, are hereby repealed.
Section 5. For fiscal year 2015, the combined enrollment in
challenged school districts under division (B) of section 3317.24
of the Revised Code and in community school dropout prevention and
recovery programs under division (A) of section 3314.38 of the
Revised Code of individuals who are at least twenty-two but
younger than thirty years of age shall be limited to 1,500
individuals on a first-come, first-serve basis as determined by
the Department of Education.
Section 6. Sections 3, 4, and 5 of this act shall take effect
July 1, 2014.
Section 7. The Department of Education shall prescribe
procedures and deadlines necessary to begin implementing the
enrollment limit prescribed by Section 5 of this act when that
section takes effect.
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