130th Ohio General Assembly
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H. B. No. 549  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 549


Representative Fedor 

Cosponsors: Representatives Foley, Driehaus, Antonio, Lundy, Cera, Stinziano, Reece, Ramos, Rogers, Boyce, Phillips, Patterson, Strahorn, Clyde, Sheehy, Heard, Ashford, Winburn, Gerberry, Sykes 



A BILL
To amend section 3313.608 and to enact section 3317.26 of the Revised Code and to amend Sections 263.10 and 263.255 of Am. Sub. H.B. 59 of the 130th General Assembly to delay until the 2015-2016 school year retention of third grade students and requirements for teachers who provide instruction to third grade students under the Third Grade Reading Guarantee, to provide for a subsidy for reading intervention services, and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 3313.608 be amended and section 3317.26 of the Revised Code be enacted to read as follows:
Sec. 3313.608.  (A)(1) Beginning with students who enter third grade in the school year that starts July 1, 2009, and until June 30, 2013 2015, unless the student is excused under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this section, for any student who does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, each school district, in accordance with the policy adopted under section 3313.609 of the Revised Code, shall do one of the following:
(a) Promote the student to fourth grade if the student's principal and reading teacher agree that other evaluations of the student's skill in reading demonstrate that the student is academically prepared to be promoted to fourth grade;
(b) Promote the student to fourth grade but provide the student with intensive intervention services in fourth grade;
(c) Retain the student in third grade.
(2) Beginning with students who enter third grade in the 2013-2014 2015-2016 school year, unless the student is excused under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this section, no school district shall promote to fourth grade any student who does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, unless one of the following applies:
(a) The student is a limited English proficient student who has been enrolled in United States schools for less than three full school years and has had less than three years of instruction in an English as a second language program.
(b) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code and the student's individualized education program exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of performance on an alternative standardized reading assessment as determined by the department of education.
(d) All of the following apply:
(i) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code.
(ii) The student has taken the third grade English language arts achievement assessment prescribed under section 3301.0710 of the Revised Code.
(iii) The student's individualized education program or plan under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, shows that the student has received intensive remediation in reading for two school years but still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades kindergarten to three.
(e)(i) The student received intensive remediation for reading for two school years but still demonstrates a deficiency in reading and was previously retained in any of grades kindergarten to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of this section shall continue to receive intensive reading instruction in grade four. The instruction shall include an altered instructional day that includes specialized diagnostic information and specific research-based reading strategies for the student that have been successful in improving reading among low-performing readers.
(B)(1) Beginning in the 2012-2013 school year, to assist students in meeting the third grade guarantee established by this section, each school district board of education shall adopt policies and procedures with which it annually shall assess the reading skills of each student, except those students with significant cognitive disabilities or other disabilities as authorized by the department on a case-by-case basis, enrolled in kindergarten to third grade by the thirtieth day of September and shall identify students who are reading below their grade level. Each district shall use the diagnostic assessment to measure reading ability for the appropriate grade level adopted under section 3301.079 of the Revised Code, or a comparable tool approved by the department of education, to identify such students. The policies and procedures shall require the students' classroom teachers to be involved in the assessment and the identification of students reading below grade level.
(2) For each student identified by the diagnostic assessment prescribed under this section as having reading skills below grade level, the district shall do both of the following:
(a) Provide to the student's parent or guardian, in writing, all of the following:
(i) Notification that the student has been identified as having a substantial deficiency in reading;
(ii) A description of the current services that are provided to the student;
(iii) A description of the proposed supplemental instructional services and supports that will be provided to the student that are designed to remediate the identified areas of reading deficiency;
(iv) Notification that if the student attains a score in the range designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, the student shall be retained unless the student is exempt under division (A) of this section. The notification shall specify that the assessment under section 3301.0710 of the Revised Code is not the sole determinant of promotion and that additional evaluations and assessments are available to the student to assist parents and the district in knowing when a student is reading at or above grade level and ready for promotion.
(b) Provide intensive reading instruction services and regular diagnostic assessments to the student immediately following identification of a reading deficiency until the development of the reading improvement and monitoring plan required by division (C) of this section. These intervention services shall include research-based reading strategies that have been shown to be successful in improving reading among low-performing readers and instruction targeted at the student's identified reading deficiencies.
(3) For each student retained under division (A) of this section, the district shall do all of the following:
(a) Provide intense remediation services until the student is able to read at grade level. The remediation services shall include intensive interventions in reading that address the areas of deficiencies identified under this section including, but not limited to, not less than ninety minutes of reading instruction per day, and may include any of the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a student retained under division (A) of this section who demonstrates that the student is reading at or above grade level;
(c) Provide each student with a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall offer the option for students to receive applicable services from one or more providers other than the district. Providers shall be screened and approved by the district or the department of education. If the student participates in the remediation services and demonstrates reading proficiency in accordance with standards adopted by the department prior to the start of fourth grade, the district shall promote the student to that grade.
(4) For each student retained under division (A) of this section who has demonstrated proficiency in a specific academic ability field, each district shall provide instruction commensurate with student achievement levels in that specific academic ability field.
As used in this division, "specific academic ability field" has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be provided intervention services under this section, the district shall develop a reading improvement and monitoring plan within sixty days after receiving the student's results on the diagnostic assessment or comparable tool administered under division (B)(1) of this section. The district shall involve the student's parent or guardian and classroom teacher in developing the plan. The plan shall include all of the following:
(1) Identification of the student's specific reading deficiencies;
(2) A description of the additional instructional services and support that will be provided to the student to remediate the identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be involved in the instructional services and support described in division (C)(2) of this section;
(4) A process for monitoring the extent to which the student receives the instructional services and support described in division (C)(2) of this section;
(5) A reading curriculum during regular school hours that does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's reading progress.
(6) A statement that if the student does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected by the end of third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan under this division who enters third grade after July 1, 2013, shall be assigned to a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall report any information requested by the department about the reading improvement monitoring plans developed under this division in the manner required by the department.
(D) Each school district shall report annually to the department on its implementation and compliance with this section using guidelines prescribed by the superintendent of public instruction. The superintendent of public instruction annually shall report to the governor and general assembly the number and percentage of students in grades kindergarten through four reading below grade level based on the diagnostic assessments administered under division (B) of this section and the achievement assessments administered under divisions (A)(1)(a) and (b) of section 3301.0710 of the Revised Code in English language arts, aggregated by school district and building; the types of intervention services provided to students; and, if available, an evaluation of the efficacy of the intervention services provided.
(E) Any summer remediation services funded in whole or in part by the state and offered by school districts to students under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational research.
(2) The school districts conduct assessment before and after students participate in the program to facilitate monitoring results of the remediation services.
(3) The parents of participating students are involved in programming decisions.
(F) Any intervention or remediation services required by this section shall include intensive, explicit, and systematic instruction.
(G) This section does not create a new cause of action or a substantive legal right for any person.
(H)(1) Except as provided under divisions (H)(2), (3), and (4) of this section, each student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013 2015, shall be assigned a teacher who has at least one year of teaching experience and who satisfies one or more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's license and has attained a passing score on the corresponding assessment for that endorsement, as applicable.
(b) The teacher has completed a master's degree program with a major in reading.
(c) The teacher was rated "most effective" for reading instruction consecutively for the most recent two years based on assessments of student growth measures developed by a vendor and that is on the list of student assessments approved by the state board under division (B)(2) of section 3319.112 of the Revised Code.
(d) The teacher was rated "above expected value added," in reading instruction, as determined by criteria established by the department, for the most recent, consecutive two years.
(e) The teacher has earned a passing score on a rigorous test of principles of scientifically research-based reading instruction as approved by the state board.
(f) The teacher holds an educator license for teaching grades pre-kindergarten through three or four through nine issued on or after July 1, 2017.
Nothing in this section prohibits a school district from requiring that teachers be credentialed or work toward the credentials prescribed under division (H)(1) of this section prior to the 2015-2016 school year.
(2) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013 2015, may be assigned to a teacher with less than one year of teaching experience provided that the teacher meets one or more of the criteria described in divisions (H)(1)(a) to (f) of this section and that teacher is assigned a teacher mentor who meets the qualifications of division (H)(1) of this section.
(3) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, but prior to July 1, 2016, may be assigned to a teacher who holds an alternative credential approved by the department or who has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in division (H)(3) of this section shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(4) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013 2015, may receive reading intervention or remediation services under this section from an individual employed as a speech-language pathologist who holds a license issued by the board of speech-language pathology and audiology under Chapter 4753. of the Revised Code and a professional pupil services license as a school speech-language pathologist issued by the state board of education.
(5) A teacher, other than a student's teacher of record, may provide any services required under this section, so long as that other teacher meets the requirements of division (H) of this section and the teacher of record and the school principal agree to the assignment. Any such assignment shall be documented in the student's reading improvement and monitoring plan.
As used in this division, "teacher of record" means the classroom teacher to whom a student is assigned.
(I) Notwithstanding division (H) of this section, a teacher may teach reading to any student who is an English language learner, and has been in the United States for three years or less, or to a student who has an individualized education program developed under Chapter 3323. of the Revised Code if that teacher holds an alternative credential approved by the department or has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in this division shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(J) If, on or after the effective date of this amendment, a school district or community school cannot furnish the number of teachers needed who satisfy one or more of the criteria set forth in division (H) of this section for the 2013-2014 2015-2016 school year, the school district or community school shall develop and submit a staffing plan by June 30, 2013 2015. The staffing plan shall include criteria that will be used to assign a student described in division (B)(3) or (C) of this section to a teacher, credentials or training held by teachers currently teaching at the school, and how the school district or community school will meet the requirements of this section. The school district or community school shall post the staffing plan on its web site for the applicable school year.
Not later than March 1, 2014 2016, and on the first day of March in each year thereafter, a school district or community school that has submitted a plan under this division shall submit to the department a detailed report of the progress the district or school has made in meeting the requirements under this section.
A school district or community school may request an extension of a staffing plan beyond the 2013-2014 2015-2016 school year. Extension requests must be submitted to the department not later than the thirtieth day of April prior to the start of the applicable school year. The department may grant extensions valid through the 2015-2016 2017-2018 school year.
Until June 30, 2015 2017, the department annually shall review all staffing plans and report to the state board not later than the thirtieth day of June of each year the progress of school districts and community schools in meeting the requirements of this section.
(K) The department of education shall designate one or more staff members to provide guidance and assistance to school districts and community schools in implementing the third grade guarantee established by this section, including any standards or requirements adopted to implement the guarantee and to provide information and support for reading instruction and achievement.
Sec. 3317.26.  In addition to the other payments specified in this chapter, for each fiscal year for which funds are appropriated by the general assembly for the purposes of this section, the department of education shall pay the amounts specified in divisions (A) and (B) of this section to assist city, local, and exempted village school districts in funding reading intervention services required under section 3313.608 of the Revised Code.
(A) The department shall proportionately distribute funds appropriated for this division to all city, local, and exempted village school districts in the state based on each district's adjusted formula ADM.
For purposes of this division, a district's "adjusted formula ADM" is the district's formula ADM multiplied by the district's state share index.
(B) The department shall proportionately distribute funds appropriated for this division to all eligible districts based on each eligible district's formula ADM.
For purposes of this division, an "eligible district" is a city, local, or exempted village school district for which less than eighty per cent of the district's students received a score described in division (A)(2)(a), (b), or (c) of section 3301.0710 of the Revised Code on the third grade English language arts assessment administered pursuant to division (A)(1)(a) of section 3301.0710 of the Revised Code as reported on the report card issued for the district under section 3302.03 of the Revised Code for the prior school year.
Section 2. That existing section 3313.608 of the Revised Code is hereby repealed.
Section 3.  Notwithstanding division (A) of the version of section 3313.608 that is in effect prior to the effective date of this section, no school district, community school established under Chapter 3314. of the Revised Code, or STEM school established under Chapter 3326. of the Revised Code shall retain any student in third grade under that division for the 2013-2014 school year because the student did not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade. If a student has been retained under division (A) of the version of section 3313.608 of the Revised Code for that school year prior to the effective date of this section, the school district, community school, or STEM school shall promote the student to fourth grade. Nothing in this section shall prohibit a school district, community school, or STEM school from retaining a student for other reasons or from providing intervention services to any student who otherwise may have been retained under that division.
Section 4. That Sections 263.10 and 263.255 of Am. Sub. H.B. 59 of the 130th General Assembly be amended to read as follows:
Sec. 263.10. EDU DEPARTMENT OF EDUCATION
General Revenue Fund
GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296
GRF 200421 Alternative Education Programs $ 7,403,998 $ 7,403,998
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000
GRF 200424 Policy Analysis $ 328,558 $ 328,558
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000
GRF 200442 Child Care Licensing $ 827,140 $ 827,140
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070
GRF 200447 GED Testing $ 879,551 $ 879,551
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395
GRF 200464 General Technology Operations $ 192,097 $ 192,097
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768
GRF 200566 Literacy Improvement $ 150,000 $ 150,000
GRF 200590 Third Grade Reading Guarantee $ 0 $ 65,000,000
GRF 200901 Property Tax Allocation - Education $ 1,138,800,000 $ 1,156,402,000
TOTAL GRF General Revenue Fund $ 7,985,459,657 $ 8,397,357,295 8,462,357,295

General Services Fund Group
1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090
4520 200638 Fees and Refunds $ 500,000 $ 500,000
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274
5960 200656 Ohio Career Information System $ 529,761 $ 529,761
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000
TOTAL GSF General Services
Fund Group $ 41,764,032 $ 47,108,544

Federal Special Revenue Fund Group
3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642
3670 200607 School Food Services $ 8,200,664 $ 8,700,149
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000
3EK0 200637 Advanced Placement $ 450,000 $ 450,000
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050
3T40 200613 Public Charter Schools $ 500,000 $ 0
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280
TOTAL FED Federal Special
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455

State Special Revenue Fund Group
4540 200610 GED Testing $ 1,050,000 $ 250,000
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000
4V70 200633 Interagency Program Support $ 717,725 $ 717,725
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000
5U20 200685 National Education Statistics $ 300,000 $ 300,000
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000
TOTAL SSR State Special Revenue
Fund Group $ 53,996,635 $ 54,149,635

Lottery Profits Education Fund Group
7017 200612 Foundation Funding $ 775,500,000 $ 853,000,000
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000
7017 200666 EdChoice Expansion $ 8,500,000 $ 17,000,000
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000
TOTAL LPE Lottery Profits
Education Fund Group $ 891,500,000 $ 1,027,500,000

Revenue Distribution Fund Group
7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000
TOTAL RDF Revenue Distribution
Fund Group $ 510,000,000 $ 510,000,000
TOTAL ALL BUDGET FUND GROUPS $ 11,520,765,322 $ 12,013,518,929 12,078,518,929

Sec. 263.255. LITERACY IMPROVEMENT
The foregoing appropriation item 200566, Literacy Improvement, shall be used for Read Baby Read.
THIRD GRADE READING GUARANTEE
The foregoing appropriation item 200590, Third Grade Reading Guarantee, shall be used by the Department of Education in support of the third grade reading guarantee established in section 3313.608 of the Revised Code. Use of these funds shall include the provision of professional development to school districts and community schools, additional funding to school districts and community schools for intervention services, and payment of costs associated with the development of diagnostic assessments in reading for grades kindergarten through three. The Department shall distribute $45,000,000 in fiscal year 2015 under division (A) of section 3317.26 of the Revised Code, and $20,000,000 in fiscal year 2015 under division (B) of section 3317.26 of the Revised Code.
Any portion of appropriation item 200590, Third Grade Reading Guarantee, that is unencumbered and unexpended at the end of fiscal year 2015 is hereby reappropriated to the same appropriation item for the same purposes for fiscal year 2016.
Section 5. That existing Sections 263.10 and 263.255 of Am. Sub. H.B. 59 of the 130th General Assembly are hereby repealed.
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