Bill Text: OH HB191 | 2011-2012 | 129th General Assembly | Engrossed


Bill Title: To establish a minimum school year for school districts, STEM schools, and chartered nonpublic schools based on hours, rather than days, of instruction.

Spectrum: Moderate Partisan Bill (Republican 13-2)

Status: (Engrossed - Dead) 2012-12-04 - To Education [HB191 Detail]

Download: Ohio-2011-HB191-Engrossed.html
As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 191


Representatives Hayes, Patmon 

Cosponsors: Representatives Ruhl, Thompson, Adams, J., Kozlowski, Derickson, Roegner, Beck, Barnes, Amstutz, Blair, Huffman, Sprague Speaker Batchelder 



A BILL
To amend sections 2151.011, 3313.48, 3313.533, 1
3313.62, 3313.88, 3317.01, 3317.03, 3321.05, 2
3326.11, and 3327.01; to amend, for the purpose of 3
adopting a new section number as indicated in 4
parentheses, section 3313.88 (3313.482); to enact 5
new section 3313.481 and section 3314.092; and to 6
repeal sections 3313.481 and 3313.482 of the 7
Revised Code to establish a minimum school year 8
for school districts, STEM schools, and chartered 9
nonpublic schools based on hours, rather than 10
days, of instruction.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2151.011, 3313.48, 3313.533, 12
3313.62, 3313.88, 3317.01, 3317.03, 3321.05, 3326.11, and 3327.01 13
be amended; section 3313.88 (3313.482) be amended for the purpose 14
of adopting a new section number as indicated in parentheses; and 15
new section 3313.481 and section 3314.092 of the Revised Code be 16
enacted to read as follows:17

       Sec. 2151.011.  (A) As used in the Revised Code:18

       (1) "Juvenile court" means whichever of the following is 19
applicable that has jurisdiction under this chapter and Chapter 20
2152. of the Revised Code:21

       (a) The division of the court of common pleas specified in 22
section 2101.022 or 2301.03 of the Revised Code as having 23
jurisdiction under this chapter and Chapter 2152. of the Revised 24
Code or as being the juvenile division or the juvenile division 25
combined with one or more other divisions;26

       (b) The juvenile court of Cuyahoga county or Hamilton county 27
that is separately and independently created by section 2151.08 or 28
Chapter 2153. of the Revised Code and that has jurisdiction under 29
this chapter and Chapter 2152. of the Revised Code;30

       (c) If division (A)(1)(a) or (b) of this section does not 31
apply, the probate division of the court of common pleas.32

       (2) "Juvenile judge" means a judge of a court having 33
jurisdiction under this chapter.34

       (3) "Private child placing agency" means any association, as 35
defined in section 5103.02 of the Revised Code, that is certified 36
under section 5103.03 of the Revised Code to accept temporary, 37
permanent, or legal custody of children and place the children for 38
either foster care or adoption.39

       (4) "Private noncustodial agency" means any person, 40
organization, association, or society certified by the department 41
of job and family services that does not accept temporary or 42
permanent legal custody of children, that is privately operated in 43
this state, and that does one or more of the following:44

       (a) Receives and cares for children for two or more 45
consecutive weeks;46

       (b) Participates in the placement of children in certified 47
foster homes;48

       (c) Provides adoption services in conjunction with a public 49
children services agency or private child placing agency.50

       (B) As used in this chapter:51

       (1) "Adequate parental care" means the provision by a child's 52
parent or parents, guardian, or custodian of adequate food, 53
clothing, and shelter to ensure the child's health and physical 54
safety and the provision by a child's parent or parents of 55
specialized services warranted by the child's physical or mental 56
needs.57

       (2) "Adult" means an individual who is eighteen years of age 58
or older.59

       (3) "Agreement for temporary custody" means a voluntary 60
agreement authorized by section 5103.15 of the Revised Code that 61
transfers the temporary custody of a child to a public children 62
services agency or a private child placing agency.63

       (4) "Alternative response" means the public children services 64
agency's response to a report of child abuse or neglect that 65
engages the family in a comprehensive evaluation of child safety, 66
risk of subsequent harm, and family strengths and needs and that 67
does not include a determination as to whether child abuse or 68
neglect occurred.69

       (5) "Certified foster home" means a foster home, as defined 70
in section 5103.02 of the Revised Code, certified under section 71
5103.03 of the Revised Code.72

       (6) "Child" means a person who is under eighteen years of 73
age, except that the juvenile court has jurisdiction over any 74
person who is adjudicated an unruly child prior to attaining 75
eighteen years of age until the person attains twenty-one years of 76
age, and, for purposes of that jurisdiction related to that 77
adjudication, a person who is so adjudicated an unruly child shall 78
be deemed a "child" until the person attains twenty-one years of 79
age.80

       (7) "Child day camp," "child care," "child day-care center," 81
"part-time child day-care center," "type A family day-care home," 82
"certified type B family day-care home," "type B home," 83
"administrator of a child day-care center," "administrator of a 84
type A family day-care home," "in-home aide," and "authorized 85
provider" have the same meanings as in section 5104.01 of the 86
Revised Code.87

       (8) "Child care provider" means an individual who is a 88
child-care staff member or administrator of a child day-care 89
center, a type A family day-care home, or a type B family day-care 90
home, or an in-home aide or an individual who is licensed, is 91
regulated, is approved, operates under the direction of, or 92
otherwise is certified by the department of job and family 93
services, department of developmental disabilities, or the early 94
childhood programs of the department of education.95

       (9) "Chronic truant" has the same meaning as in section 96
2152.02 of the Revised Code.97

       (10) "Commit" means to vest custody as ordered by the court.98

       (11) "Counseling" includes both of the following:99

       (a) General counseling services performed by a public 100
children services agency or shelter for victims of domestic 101
violence to assist a child, a child's parents, and a child's 102
siblings in alleviating identified problems that may cause or have 103
caused the child to be an abused, neglected, or dependent child.104

       (b) Psychiatric or psychological therapeutic counseling 105
services provided to correct or alleviate any mental or emotional 106
illness or disorder and performed by a licensed psychiatrist, 107
licensed psychologist, or a person licensed under Chapter 4757. of 108
the Revised Code to engage in social work or professional 109
counseling.110

       (12) "Custodian" means a person who has legal custody of a 111
child or a public children services agency or private child 112
placing agency that has permanent, temporary, or legal custody of 113
a child.114

       (13) "Delinquent child" has the same meaning as in section 115
2152.02 of the Revised Code.116

       (14) "Detention" means the temporary care of children pending 117
court adjudication or disposition, or execution of a court order, 118
in a public or private facility designed to physically restrict 119
the movement and activities of children.120

       (15) "Developmental disability" has the same meaning as in 121
section 5123.01 of the Revised Code.122

       (16) "Differential response approach" means an approach that 123
a public children services agency may use to respond to accepted 124
reports of child abuse or neglect with either an alternative 125
response or a traditional response.126

       (17) "Foster caregiver" has the same meaning as in section 127
5103.02 of the Revised Code.128

       (18) "Guardian" means a person, association, or corporation 129
that is granted authority by a probate court pursuant to Chapter 130
2111. of the Revised Code to exercise parental rights over a child 131
to the extent provided in the court's order and subject to the 132
residual parental rights of the child's parents.133

       (19) "Habitual truant" means any child of compulsory school 134
age who is absent without legitimate excuse for absence from the 135
public school the child is supposed to attend for five or more 136
consecutive school days, seven or more school days in one school 137
month, or twelve or more school days in a school year.138

       (20) "Juvenile traffic offender" has the same meaning as in 139
section 2152.02 of the Revised Code.140

       (21) "Legal custody" means a legal status that vests in the 141
custodian the right to have physical care and control of the child 142
and to determine where and with whom the child shall live, and the 143
right and duty to protect, train, and discipline the child and to 144
provide the child with food, shelter, education, and medical care, 145
all subject to any residual parental rights, privileges, and 146
responsibilities. An individual granted legal custody shall 147
exercise the rights and responsibilities personally unless 148
otherwise authorized by any section of the Revised Code or by the 149
court.150

       (22) A "legitimate excuse for absence from the public school 151
the child is supposed to attend" includes, but is not limited to, 152
any of the following:153

       (a) The fact that the child in question has enrolled in and 154
is attending another public or nonpublic school in this or another 155
state;156

       (b) The fact that the child in question is excused from 157
attendance at school for any of the reasons specified in section 158
3321.04 of the Revised Code;159

       (c) The fact that the child in question has received an age 160
and schooling certificate in accordance with section 3331.01 of 161
the Revised Code.162

       (23) "Mental illness" and "mentally ill person subject to 163
hospitalization by court order" have the same meanings as in 164
section 5122.01 of the Revised Code.165

       (24) "Mental injury" means any behavioral, cognitive, 166
emotional, or mental disorder in a child caused by an act or 167
omission that is described in section 2919.22 of the Revised Code 168
and is committed by the parent or other person responsible for the 169
child's care.170

       (25) "Mentally retarded person" has the same meaning as in 171
section 5123.01 of the Revised Code.172

       (26) "Nonsecure care, supervision, or training" means care, 173
supervision, or training of a child in a facility that does not 174
confine or prevent movement of the child within the facility or 175
from the facility.176

       (27) "Of compulsory school age" has the same meaning as in 177
section 3321.01 of the Revised Code.178

       (28) "Organization" means any institution, public, 179
semipublic, or private, and any private association, society, or 180
agency located or operating in the state, incorporated or 181
unincorporated, having among its functions the furnishing of 182
protective services or care for children, or the placement of 183
children in certified foster homes or elsewhere.184

       (29) "Out-of-home care" means detention facilities, shelter 185
facilities, certified children's crisis care facilities, certified 186
foster homes, placement in a prospective adoptive home prior to 187
the issuance of a final decree of adoption, organizations, 188
certified organizations, child day-care centers, type A family 189
day-care homes, child care provided by type B family day-care home 190
providers and by in-home aides, group home providers, group homes, 191
institutions, state institutions, residential facilities, 192
residential care facilities, residential camps, day camps, public 193
schools, chartered nonpublic schools, educational service centers, 194
hospitals, and medical clinics that are responsible for the care, 195
physical custody, or control of children.196

       (30) "Out-of-home care child abuse" means any of the 197
following when committed by a person responsible for the care of a 198
child in out-of-home care:199

       (a) Engaging in sexual activity with a child in the person's 200
care;201

       (b) Denial to a child, as a means of punishment, of proper or 202
necessary subsistence, education, medical care, or other care 203
necessary for a child's health;204

       (c) Use of restraint procedures on a child that cause injury 205
or pain;206

       (d) Administration of prescription drugs or psychotropic 207
medication to the child without the written approval and ongoing 208
supervision of a licensed physician;209

       (e) Commission of any act, other than by accidental means, 210
that results in any injury to or death of the child in out-of-home 211
care or commission of any act by accidental means that results in 212
an injury to or death of a child in out-of-home care and that is 213
at variance with the history given of the injury or death.214

       (31) "Out-of-home care child neglect" means any of the 215
following when committed by a person responsible for the care of a 216
child in out-of-home care:217

       (a) Failure to provide reasonable supervision according to 218
the standards of care appropriate to the age, mental and physical 219
condition, or other special needs of the child;220

       (b) Failure to provide reasonable supervision according to 221
the standards of care appropriate to the age, mental and physical 222
condition, or other special needs of the child, that results in 223
sexual or physical abuse of the child by any person;224

       (c) Failure to develop a process for all of the following:225

       (i) Administration of prescription drugs or psychotropic 226
drugs for the child;227

       (ii) Assuring that the instructions of the licensed physician 228
who prescribed a drug for the child are followed;229

       (iii) Reporting to the licensed physician who prescribed the 230
drug all unfavorable or dangerous side effects from the use of the 231
drug.232

       (d) Failure to provide proper or necessary subsistence, 233
education, medical care, or other individualized care necessary 234
for the health or well-being of the child;235

       (e) Confinement of the child to a locked room without 236
monitoring by staff;237

       (f) Failure to provide ongoing security for all prescription 238
and nonprescription medication;239

       (g) Isolation of a child for a period of time when there is 240
substantial risk that the isolation, if continued, will impair or 241
retard the mental health or physical well-being of the child.242

       (32) "Permanent custody" means a legal status that vests in a 243
public children services agency or a private child placing agency, 244
all parental rights, duties, and obligations, including the right 245
to consent to adoption, and divests the natural parents or 246
adoptive parents of all parental rights, privileges, and 247
obligations, including all residual rights and obligations.248

       (33) "Permanent surrender" means the act of the parents or, 249
if a child has only one parent, of the parent of a child, by a 250
voluntary agreement authorized by section 5103.15 of the Revised 251
Code, to transfer the permanent custody of the child to a public 252
children services agency or a private child placing agency.253

       (34) "Person" means an individual, association, corporation, 254
or partnership and the state or any of its political subdivisions, 255
departments, or agencies.256

       (35) "Person responsible for a child's care in out-of-home 257
care" means any of the following:258

       (a) Any foster caregiver, in-home aide, or provider;259

       (b) Any administrator, employee, or agent of any of the 260
following: a public or private detention facility; shelter 261
facility; certified children's crisis care facility; organization; 262
certified organization; child day-care center; type A family 263
day-care home; certified type B family day-care home; group home; 264
institution; state institution; residential facility; residential 265
care facility; residential camp; day camp; school district; 266
community school; chartered nonpublic school; educational service 267
center; hospital; or medical clinic;268

       (c) Any person who supervises or coaches children as part of 269
an extracurricular activity sponsored by a school district, public 270
school, or chartered nonpublic school;271

       (d) Any other person who performs a similar function with 272
respect to, or has a similar relationship to, children.273

       (36) "Physically impaired" means having one or more of the 274
following conditions that substantially limit one or more of an 275
individual's major life activities, including self-care, receptive 276
and expressive language, learning, mobility, and self-direction:277

       (a) A substantial impairment of vision, speech, or hearing;278

       (b) A congenital orthopedic impairment;279

       (c) An orthopedic impairment caused by disease, rheumatic 280
fever or any other similar chronic or acute health problem, or 281
amputation or another similar cause.282

       (37) "Placement for adoption" means the arrangement by a 283
public children services agency or a private child placing agency 284
with a person for the care and adoption by that person of a child 285
of whom the agency has permanent custody.286

       (38) "Placement in foster care" means the arrangement by a 287
public children services agency or a private child placing agency 288
for the out-of-home care of a child of whom the agency has 289
temporary custody or permanent custody.290

       (39) "Planned permanent living arrangement" means an order of 291
a juvenile court pursuant to which both of the following apply:292

       (a) The court gives legal custody of a child to a public 293
children services agency or a private child placing agency without 294
the termination of parental rights.295

       (b) The order permits the agency to make an appropriate 296
placement of the child and to enter into a written agreement with 297
a foster care provider or with another person or agency with whom 298
the child is placed.299

       (40) "Practice of social work" and "practice of professional 300
counseling" have the same meanings as in section 4757.01 of the 301
Revised Code.302

       (41) "Sanction, service, or condition" means a sanction, 303
service, or condition created by court order following an 304
adjudication that a child is an unruly child that is described in 305
division (A)(4) of section 2152.19 of the Revised Code.306

       (42) "Protective supervision" means an order of disposition 307
pursuant to which the court permits an abused, neglected, 308
dependent, or unruly child to remain in the custody of the child's 309
parents, guardian, or custodian and stay in the child's home, 310
subject to any conditions and limitations upon the child, the 311
child's parents, guardian, or custodian, or any other person that 312
the court prescribes, including supervision as directed by the 313
court for the protection of the child.314

       (43) "Psychiatrist" has the same meaning as in section 315
5122.01 of the Revised Code.316

       (44) "Psychologist" has the same meaning as in section 317
4732.01 of the Revised Code.318

       (45) "Residential camp" means a program in which the care, 319
physical custody, or control of children is accepted overnight for 320
recreational or recreational and educational purposes.321

       (46) "Residential care facility" means an institution, 322
residence, or facility that is licensed by the department of 323
mental health under section 5119.22 of the Revised Code and that 324
provides care for a child.325

       (47) "Residential facility" means a home or facility that is 326
licensed by the department of developmental disabilities under 327
section 5123.19 of the Revised Code and in which a child with a 328
developmental disability resides.329

       (48) "Residual parental rights, privileges, and 330
responsibilities" means those rights, privileges, and 331
responsibilities remaining with the natural parent after the 332
transfer of legal custody of the child, including, but not 333
necessarily limited to, the privilege of reasonable visitation, 334
consent to adoption, the privilege to determine the child's 335
religious affiliation, and the responsibility for support.336

       (49) "School day" means the school day established by the 337
state board of education of the applicable school district338
pursuant to section 3313.483313.481 of the Revised Code.339

       (50) "School month" and "school year" havehas the same 340
meaningsmeaning as in section 3313.62 of the Revised Code.341

       (51) "Secure correctional facility" means a facility under 342
the direction of the department of youth services that is designed 343
to physically restrict the movement and activities of children and 344
used for the placement of children after adjudication and 345
disposition.346

       (52) "Sexual activity" has the same meaning as in section 347
2907.01 of the Revised Code.348

       (53) "Shelter" means the temporary care of children in 349
physically unrestricted facilities pending court adjudication or 350
disposition.351

       (54) "Shelter for victims of domestic violence" has the same 352
meaning as in section 3113.33 of the Revised Code.353

       (55) "Temporary custody" means legal custody of a child who 354
is removed from the child's home, which custody may be terminated 355
at any time at the discretion of the court or, if the legal 356
custody is granted in an agreement for temporary custody, by the 357
person who executed the agreement.358

       (56) "Traditional response" means a public children services 359
agency's response to a report of child abuse or neglect that 360
encourages engagement of the family in a comprehensive evaluation 361
of the child's current and future safety needs and a fact-finding 362
process to determine whether child abuse or neglect occurred and 363
the circumstances surrounding the alleged harm or risk of harm.364

       (C) For the purposes of this chapter, a child shall be 365
presumed abandoned when the parents of the child have failed to 366
visit or maintain contact with the child for more than ninety 367
days, regardless of whether the parents resume contact with the 368
child after that period of ninety days.369

       Sec. 3313.48. (A) The board of education of each city, 370
exempted village, local, and joint vocational school district 371
shall provide for the free education of the youth of school age 372
within the district under its jurisdiction, at such places as will 373
be most convenient for the attendance of the largest number 374
thereof. Except as provided in section 3313.481 of the Revised 375
Code, eachEach school so provided and each chartered nonpublic 376
school shall be open for instruction with pupils in attendance, 377
including scheduled classes, supervised activities, and approved 378
education options but excluding lunch and breakfast periods and 379
extracurricular activities, for not less than one hundred 380
eighty-two daysfour hundred fifty-five hours in the case of 381
pupils in kindergarten unless such pupils are provided all-day 382
kindergarten, as defined in section 3321.05 of the Revised Code, 383
in which case the pupils shall be in attendance for nine hundred 384
ten hours; nine hundred ten hours in the case of pupils in grades 385
one through six; and one thousand one hours in the case of pupils 386
in grades seven through twelve in each school year, which may 387
include all of the following:388

       (A)(1) Up to fourthe equivalent of two school days per year 389
in which classes are dismissed one-half day early or the 390
equivalent amount of time during a different number of daysduring 391
which pupils would otherwise be in attendance but are not required 392
to attend for the purpose of individualized parent-teacher 393
conferences and reporting periods;394

       (B)(2) Up to the equivalent of two school days per year 395
during which pupils would otherwise be in attendance but are not 396
required to attend for professional meetings of teachers when such 397
days occur during a regular school week and schools are not in 398
session;399

       (C) The number of days the school is closed as a result of 400
public calamity, as provided in section 3317.01 of the Revised 401
Code(3) Morning and afternoon recess periods of not more than 402
fifteen minutes duration per period for pupils in grades 403
kindergarten through six.404

       The state board of education shall adopt standards for 405
defining "school day" as used in sections 3313.48 and 3317.01 of 406
the Revised Code.407

       Except as otherwise provided in this section, each day for 408
grades seven through twelve shall consist of not less than five 409
clock hours with pupils in attendance, except in such emergency 410
situations, including lack of classroom space, as are approved by 411
the state board of education. Except as otherwise provided in this 412
section, each day for grades one through six shall consist of not 413
less than five clock hours with pupils in attendance which may 414
include fifteen minute morning and afternoon recess periods, 415
except in such emergency situations, including lack of classroom 416
space, as are approved by the state board of education.417

       (B) Not later than thirty days prior to adopting a school 418
calendar, the board of education of each city, exempted village, 419
and local school district shall hold a public hearing on the 420
school calendar, addressing topics that include, but are not 421
limited to, the total number of hours in a school year, length of 422
school day, and beginning and end dates of instruction. Each board 423
shall publish notice of the hearing in a newspaper of general 424
circulation in the district not later than thirty days prior to 425
the hearing.426

        (C) No school operated by a city, exempted village, local, or 427
joint vocational school district shall reduce the number of hours 428
in each school year that the school is scheduled to be open for 429
instruction from the number of hours per year the school was open 430
for instruction during the previous school year unless the 431
reduction is approved by a resolution adopted by the district 432
board of education. Any reduction so approved shall not result in 433
fewer hours of instruction per school year than the applicable 434
number of hours required under division (A) of this section.435

       (D) Prior to making any change in the hours or days in which 436
a high school under its jurisdiction is open for instruction, the 437
board of education of each city, exempted village, and local 438
school district shall consider the compatibility of the proposed 439
change with the scheduling needs of any joint vocational school 440
district in which any of the high school's students are also 441
enrolled. The board shall consider the impact of the proposed 442
change on student access to the instructional programs offered by 443
the joint vocational school district, incentives for students to 444
participate in career-technical education, transportation, and the 445
timing of graduation. The board shall provide the joint vocational 446
school district board with advance notice of the proposed change 447
and the two boards shall enter into a written agreement 448
prescribing reasonable accommodations to meet the scheduling needs 449
of the joint vocational school district prior to implementation of 450
the change.451

       (E) Prior to making any change in the hours or days in which 452
a school under its jurisdiction is open for instruction, the board 453
of education of each city, exempted village, and local school 454
district shall consider the compatibility of the proposed change 455
with the scheduling needs of any community school established 456
under Chapter 3314. of the Revised Code to which the district is 457
required to transport students under sections 3314.09 and 3327.01 458
of the Revised Code. The board shall consider the impact of the 459
proposed change on student access to the instructional programs 460
offered by the community school, transportation, and the timing of 461
graduation. The board shall provide the sponsor, governing 462
authority, and operator of the community school with advance 463
notice of the proposed change, and the board and the governing 464
authority, or operator if such authority is delegated to the 465
operator, shall enter into a written agreement prescribing 466
reasonable accommodations to meet the scheduling needs of the 467
community school prior to implementation of the change.468

       (F) Prior to making any change in the hours or days in which 469
the schools under its jurisdiction are open for instruction, the 470
board of education of each city, exempted village, and local 471
school district shall consult with the chartered nonpublic schools 472
to which the district is required to transport students under 473
section 3327.01 of the Revised Code and shall consider the effect 474
of the proposed change on the schedule for transportation of those 475
students to their nonpublic schools. The governing authority of a 476
chartered nonpublic school shall consult with each school district 477
board of education that transports students to the chartered 478
nonpublic school under section 3327.01 of the Revised Code prior 479
to making any change in the hours or days in which the nonpublic 480
school is open for instruction.481

       (G) The state board of education shall not adopt or enforce 482
any rule or standard that imposes on chartered nonpublic schools 483
the procedural requirements imposed on school districts by 484
divisions (B), (C), (D), and (E) of this section.485

       Sec. 3313.481. Wherever in Title XXXIII of the Revised Code 486
the term "school day" is used, unless otherwise specified, that 487
term shall be construed to mean the time during a calendar day 488
that a school is open for instruction pursuant to the schedule 489
adopted by the board of education of the school district or the 490
governing authority of the chartered nonpublic school in 491
accordance with section 3313.48 of the Revised Code.492

       Sec. 3313.88.        Sec. 3313.482.  (A)(1) Prior to the first day of 493
August of each school year, the board of education of any school 494
district or the governing authority of any chartered nonpublic 495
school may submit to the department of education a plan to require 496
students to access and complete classroom lessons posted on the 497
district's or nonpublic school's web portal or web site in order 498
to make up dayshours in that school year on which it is 499
necessary to close schools for any of the reasons specified in 500
division (B) of section 3317.01 of the Revised Code in excess of 501
the number of days permitted under sections 3313.48, 3313.481, and 502
3317.01 of the Revised Codedisease epidemic, hazardous weather 503
conditions, inoperability of school buses or other equipment 504
necessary to the school's operation, damage to a school building, 505
or other temporary circumstances due to utility failure rendering 506
the school building unfit for school use.507

       Prior to the first day of August of each school year, the 508
governing authority of any community school established under 509
Chapter 3314. that is not an internet- or computer-based community 510
school, as defined in section 3314.02 of the Revised Code, may 511
submit to the department a plan to require students to access and 512
complete classroom lessons posted on the school's web portal or 513
web site in order to make up days or hours in that school year on 514
which it is necessary to close the school for any of the reasons 515
specified in division (L)(4) of section 3314.08 of the Revised 516
Code so that the school is in compliance with the minimum number 517
of hours required under Chapter 3314. of the Revised Code.518

        A plan submitted by a school district board or, chartered 519
nonpublic school governing authority shall provide for making up 520
any number of days, up to a maximum of three days. A plan 521
submitted by a, or community school governing authority shall 522
provide for making up any number of hours, up to a maximum of the 523
number of hours that are the equivalent of three school days. 524
Provided the plan meets all requirements of this section, the 525
department shall permit the board or governing authority to 526
implement the plan for the applicable school year.527

       (2) Each plan submitted under this section by a school 528
district board of education shall include the written consent of 529
the teachers' employee representative designated under division 530
(B) of section 4117.04 of the Revised Code.531

       (3) Each plan submitted under this section shall provide for 532
the following:533

       (a) Not later than the first day of November of the school 534
year, each classroom teacher shall develop a sufficient number of 535
lessons for each course taught by the teacher that school year to 536
cover the number of make-up days or hours specified in the plan. 537
The teacher shall designate the order in which the lessons are to 538
be posted on the district's, community school's, or nonpublic 539
school's web portal or web site in the event of a school closure. 540
Teachers may be granted up to one professional development day to 541
create lesson plans for those lessons.542

       (b) To the extent possible and necessary, a classroom teacher 543
shall update or replace, based on current instructional progress, 544
one or more of the lesson plans developed under division (A)(3)(a) 545
of this section before they are posted on the web portal or web 546
site under division (A)(3)(c) of this section or distributed under 547
division (B) of this section.548

       (c) As soon as practicable after a school closure, a district 549
or school employee responsible for web portal or web site 550
operations shall make the designated lessons available to students 551
on the district's, community school's, or nonpublic school's 552
portal or site. A lesson shall be posted for each course that was 553
scheduled to meet on the day or hours of the closure.554

       (d) Each student enrolled in a course for which a lesson is 555
posted on the portal or site shall be granted a two-week period 556
from the date of posting to complete the lesson. The student's 557
classroom teacher shall grade the lesson in the same manner as 558
other lessons. The student may receive an incomplete or failing 559
grade if the lesson is not completed on time.560

       (e) If a student does not have access to a computer at the 561
student's residence and the plan does not include blizzard bags 562
under division (B) of this section, the student shall be permitted 563
to work on the posted lessons at school after the student's school 564
reopens. If the lessons were posted prior to the reopening, the 565
student shall be granted a two-week period from the date of the 566
reopening, rather than from the date of posting as otherwise 567
required under division (A)(3)(d) of this section, to complete the 568
lessons. The district board or community school or nonpublic 569
school governing authority may provide the student access to a 570
computer before, during, or after the regularly scheduled school 571
day or may provide a substantially similar paper lesson in order 572
to complete the lessons.573

       (B)(1) In addition to posting classroom lessons online under 574
division (A) of this section, the board of education of any school 575
district or governing authority of any community or chartered 576
nonpublic school may include in the plan distribution of "blizzard 577
bags," which are paper copies of the lessons posted online.578

        (2) If a school opts to use blizzard bags, teachers shall 579
prepare paper copies in conjunction with the lessons to be posted 580
online and update the paper copies whenever the teacher updates 581
the online lesson plans.582

        (3) The board of education of any school district or 583
governing authority of any community or chartered nonpublic school 584
that opts to use blizzard bags shall specify in the plan the 585
method of distribution of blizzard bag lessons, which may include, 586
but not be limited to, requiring distribution by a specific 587
deadline or requiring distribution prior to anticipated school 588
closure as directed by the superintendent of a school district or 589
the principal, director, chief administrative officer, or the 590
equivalent, of a school.591

        (4) Students shall turn in completed lessons in accordance 592
with division (A)(3)(d) of this section. 593

       (C)(1) No school district that implements a plan in 594
accordance with this section shall be considered to have failed to 595
comply with division (B) of section 3317.01 of the Revised Code 596
with respect to the number of make-up dayshours specified in the 597
plan.598

       (2) No community school that implements a plan in accordance 599
with this section shall be considered to have failed to comply 600
with the minimum number of hours required under Chapter 3314. of 601
the Revised Code with respect to the number of make-up hours 602
specified in the plan.603

       Sec. 3313.533.  (A) The board of education of a city, 604
exempted village, or local school district may adopt a resolution 605
to establish and maintain an alternative school in accordance with 606
this section. The resolution shall specify, but not necessarily be 607
limited to, all of the following:608

       (1) The purpose of the school, which purpose shall be to 609
serve students who are on suspension, who are having truancy 610
problems, who are experiencing academic failure, who have a 611
history of class disruption, who are exhibiting other academic or 612
behavioral problems specified in the resolution, or who have been 613
discharged or released from the custody of the department of youth 614
services under section 5139.51 of the Revised Code;615

       (2) The grades served by the school, which may include any of 616
grades kindergarten through twelve;617

       (3) A requirement that the school be operated in accordance 618
with this section. The board of education adopting the resolution 619
under division (A) of this section shall be the governing board of 620
the alternative school. The board shall develop and implement a 621
plan for the school in accordance with the resolution establishing 622
the school and in accordance with this section. Each plan shall 623
include, but not necessarily be limited to, all of the following:624

       (a) Specification of the reasons for which students will be 625
accepted for assignment to the school and any criteria for 626
admission that are to be used by the board to approve or 627
disapprove the assignment of students to the school;628

       (b) Specification of the criteria and procedures that will be 629
used for returning students who have been assigned to the school 630
back to the regular education program of the district;631

       (c) An evaluation plan for assessing the effectiveness of the 632
school and its educational program and reporting the results of 633
the evaluation to the public.634

       (B) Notwithstanding any provision of Title XXXIII of the 635
Revised Code to the contrary, the alternative school plan may 636
include any of the following:637

       (1) A requirement that on each school day students must 638
attend school or participate in other programs specified in the 639
plan or by the chief administrative officer of the school for a 640
period equal to the minimum school day set by the state board of 641
education under section 3313.48 of the Revised Code plus any 642
additional time required in the plan or by the chief 643
administrative officer;644

       (2) Restrictions on student participation in extracurricular 645
or interscholastic activities;646

       (3) A requirement that students wear uniforms prescribed by 647
the district board of education.648

       (C) In accordance with the alternative school plan, the 649
district board of education may employ teachers and nonteaching 650
employees necessary to carry out its duties and fulfill its 651
responsibilities or may contract with a nonprofit or for profit 652
entity to operate the alternative school, including the provision 653
of personnel, supplies, equipment, or facilities.654

       (D) An alternative school may be established in all or part 655
of a school building.656

       (E) If a district board of education elects under this 657
section, or is required by section 3313.534 of the Revised Code, 658
to establish an alternative school, the district board may join 659
with the board of education of one or more other districts to form 660
a joint alternative school by forming a cooperative education 661
school district under section 3311.52 or 3311.521 of the Revised 662
Code, or a joint educational program under section 3313.842 of the 663
Revised Code. The authority to employ personnel or to contract 664
with a nonprofit or for profit entity under division (C) of this 665
section applies to any alternative school program established 666
under this division.667

       (F) Any individual employed as a teacher at an alternative 668
school operated by a nonprofit or for profit entity under this 669
section shall be licensed and shall be subject to background 670
checks, as described in section 3319.39 of the Revised Code, in 671
the same manner as an individual employed by a school district.672

       (G) Division (G) of this section applies only to any 673
alternative school that is operated by a nonprofit or for profit 674
entity under contract with the school district.675

       (1) In addition to the specifications authorized under 676
division (B) of this section, any plan adopted under that division 677
for an alternative school to which division (G) of this section 678
also applies shall include the following:679

       (a) A description of the educational program provided at the 680
alternative school, which shall include:681

       (i) Provisions for the school to be configured in clusters or 682
small learning communities;683

       (ii) Provisions for the incorporation of education technology 684
into the curriculum;685

       (iii) Provisions for accelerated learning programs in reading 686
and mathematics.687

       (b) A method to determine the reading and mathematics level 688
of each student assigned to the alternative school and a method to 689
continuously monitor each student's progress in those areas. The 690
methods employed under this division shall be aligned with the 691
curriculum adopted by the school district board of education under 692
section 3313.60 of the Revised Code.693

       (c) A plan for social services to be provided at the 694
alternative school, such as, but not limited to, counseling 695
services, psychological support services, and enrichment programs;696

       (d) A plan for a student's transition from the alternative 697
school back to a school operated by the school district;698

       (e) A requirement that the alternative school maintain 699
financial records in a manner that is compatible with the form 700
prescribed for school districts by the auditor of state to enable 701
the district to comply with any rules adopted by the auditor of 702
state.703

       (2) Notwithstanding division (A)(2) of this section, any 704
alternative school to which division (G) of this section applies 705
shall include only grades six through twelve.706

       (3) Notwithstanding anything in division (A)(3)(a) of this 707
section to the contrary, the characteristics of students who may 708
be assigned to an alternative school to which division (G) of this 709
section applies shall include only disruptive and low-performing 710
students.711

       (H) When any district board of education determines to 712
contract with a nonprofit or for profit entity to operate an 713
alternative school under this section, the board shall use the 714
procedure set forth in this division.715

       (1) The board shall publish notice of a request for proposals 716
in a newspaper of general circulation in the district once each 717
week for a period of two consecutive weeks, or as provided in 718
section 7.16 of the Revised Code, prior to the date specified by 719
the board for receiving proposals. Notices of requests for 720
proposals shall contain a general description of the subject of 721
the proposed contract and the location where the request for 722
proposals may be obtained. The request for proposals shall include 723
all of the following information:724

       (a) Instructions and information to respondents concerning 725
the submission of proposals, including the name and address of the 726
office where proposals are to be submitted;727

       (b) Instructions regarding communications, including at least 728
the names, titles, and telephone numbers of persons to whom 729
questions concerning a proposal may be directed;730

       (c) A description of the performance criteria that will be 731
used to evaluate whether a respondent to which a contract is 732
awarded is meeting the district's educational standards or the 733
method by which such performance criteria will be determined;734

       (d) Factors and criteria to be considered in evaluating 735
proposals, the relative importance of each factor or criterion, 736
and a description of the evaluation procedures to be followed;737

       (e) Any terms or conditions of the proposed contract, 738
including any requirement for a bond and the amount of such bond;739

       (f) Documents that may be incorporated by reference into the 740
request for proposals, provided that the request for proposals 741
specifies where such documents may be obtained and that such 742
documents are readily available to all interested parties.743

       (2) After the date specified for receiving proposals, the 744
board shall evaluate the submitted proposals and may hold 745
discussions with any respondent to ensure a complete understanding 746
of the proposal and the qualifications of such respondent to 747
execute the proposed contract. Such qualifications shall include, 748
but are not limited to, all of the following:749

       (a) Demonstrated competence in performance of the required 750
services as indicated by effective implementation of educational 751
programs in reading and mathematics and at least three years of 752
experience successfully serving a student population similar to 753
the student population assigned to the alternative school;754

       (b) Demonstrated performance in the areas of cost 755
containment, the provision of educational services of a high 756
quality, and any other areas determined by the board;757

       (c) Whether the respondent has the resources to undertake the 758
operation of the alternative school and to provide qualified 759
personnel to staff the school;760

       (d) Financial responsibility.761

       (3) The board shall select for further review at least three 762
proposals from respondents the board considers qualified to 763
operate the alternative school in the best interests of the 764
students and the district. If fewer than three proposals are 765
submitted, the board shall select each proposal submitted. The 766
board may cancel a request for proposals or reject all proposals 767
at any time prior to the execution of a contract.768

       The board may hold discussions with any of the three selected 769
respondents to clarify or revise the provisions of a proposal or 770
the proposed contract to ensure complete understanding between the 771
board and the respondent of the terms under which a contract will 772
be entered. Respondents shall be accorded fair and equal treatment 773
with respect to any opportunity for discussion regarding 774
clarifications or revisions. The board may terminate or 775
discontinue any further discussion with a respondent upon written 776
notice.777

       (4) Upon further review of the three proposals selected by 778
the board, the board shall award a contract to the respondent the 779
board considers to have the most merit, taking into consideration 780
the scope, complexity, and nature of the services to be performed 781
by the respondent under the contract.782

       (5) Except as provided in division (H)(6) of this section, 783
the request for proposals, submitted proposals, and related 784
documents shall become public records under section 149.43 of the 785
Revised Code after the award of the contract.786

       (6) Any respondent may request in writing that the board not 787
disclose confidential or proprietary information or trade secrets 788
contained in the proposal submitted by the respondent to the 789
board. Any such request shall be accompanied by an offer of 790
indemnification from the respondent to the board. The board shall 791
determine whether to agree to the request and shall inform the 792
respondent in writing of its decision. If the board agrees to 793
nondisclosure of specified information in a proposal, such 794
information shall not become a public record under section 149.43 795
of the Revised Code. If the respondent withdraws its proposal at 796
any time prior to the execution of a contract, the proposal shall 797
not be a public record under section 149.43 of the Revised Code.798

       (I) Upon a recommendation from the department and in 799
accordance with section 3301.16 of the Revised Code, the state 800
board of education may revoke the charter of any alternative 801
school operated by a school district that violates this section.802

       Sec. 3313.62.  The school year shall begin on the first day 803
of July of each calendar year and close on the thirtieth day of 804
June of the succeeding calendar year. A school week shall consist 805
of five days, and a school month of four school weeks. A chartered 806
nonpublic school may be open for instruction with pupils in 807
attendance on any day of the week, including Saturday or Sunday.808

       Sec. 3314.092. The governing authority of a community school 809
established under this chapter shall consult with each school 810
district board of education that transports students to the 811
community school under sections 3314.09 and 3327.01 of the Revised 812
Code prior to making any change in the hours or days in which the 813
community school is open for instruction.814

       Sec. 3317.01.  As used in this section, "school district," 815
unless otherwise specified, means any city, local, exempted 816
village, joint vocational, or cooperative education school 817
district and any educational service center.818

       This chapter shall be administered by the state board of 819
education. The superintendent of public instruction shall 820
calculate the amounts payable to each school district and shall 821
certify the amounts payable to each eligible district to the 822
treasurer of the district as provided by this chapter. As soon as 823
possible after such amounts are calculated, the superintendent 824
shall certify to the treasurer of each school district the 825
district's adjusted charge-off increase, as defined in section 826
5705.211 of the Revised Code. No moneys shall be distributed 827
pursuant to this chapter without the approval of the controlling 828
board.829

       The state board of education shall, in accordance with 830
appropriations made by the general assembly, meet the financial 831
obligations of this chapter.832

       Moneys distributed pursuant to this chapter shall be 833
calculated and paid on a fiscal year basis, beginning with the 834
first day of July and extending through the thirtieth day of June. 835
The moneys appropriated for each fiscal year shall be distributed 836
periodically to each school district unless otherwise provided 837
for. The state board, in June of each year, shall submit to the 838
controlling board the state board's year-end distributions 839
pursuant to this chapter.840

       Except as otherwise provided, payments under this chapter 841
shall be made only to those school districts in which:842

       (A) The school district, except for any educational service 843
center and any joint vocational or cooperative education school 844
district, levies for current operating expenses at least twenty 845
mills. Levies for joint vocational or cooperative education school 846
districts or county school financing districts, limited to or to 847
the extent apportioned to current expenses, shall be included in 848
this qualification requirement. School district income tax levies 849
under Chapter 5748. of the Revised Code, limited to or to the 850
extent apportioned to current operating expenses, shall be 851
included in this qualification requirement to the extent 852
determined by the tax commissioner under division (D) of section 853
3317.021 of the Revised Code.854

       (B) The school year next preceding the fiscal year for which 855
such payments are authorized meets the requirement of section 856
3313.48 or 3313.481 of the Revised Code, with regard to the 857
minimum number of days or hours school must be open for 858
instruction with pupils in attendance, for individualized 859
parent-teacher conference and reporting periods, and for 860
professional meetings of teachers. This requirement shall be 861
waived by the superintendent of public instruction if it had been 862
necessary for a school to be closed because of disease epidemic, 863
hazardous weather conditions, inoperability of school buses or 864
other equipment necessary to the school's operation, damage to a 865
school building, or other temporary circumstances due to utility 866
failure rendering the school building unfit for school use, 867
provided that for those school districts operating pursuant to 868
section 3313.48 of the Revised Code the number of days the school 869
was actually open for instruction with pupils in attendance and 870
for individualized parent-teacher conference and reporting periods 871
is not less than one hundred seventy-five, or for those school 872
districts operating on a trimester plan the number of days the 873
school was actually open for instruction with pupils in attendance 874
not less than seventy-nine days in any trimester, for those school 875
districts operating on a quarterly plan the number of days the 876
school was actually open for instruction with pupils in attendance 877
not less than fifty-nine days in any quarter, or for those school 878
districts operating on a pentamester plan the number of days the 879
school was actually open for instruction with pupils in attendance 880
not less than forty-four days in any pentamester. 881

       A school district shall not be considered to have failed to 882
comply with this division or section 3313.481 of the Revised Code883
because schools were open for instruction but either twelfth grade 884
students were excused from attendance for up to the equivalent of885
three school days or only a portion of the kindergarten students 886
were in attendance for up to the equivalent of three school days 887
in order to allow for the gradual orientation to school of such 888
students.889

       The superintendent of public instruction shall waive the 890
requirements of this section with reference to the minimum number 891
of days or hours school must be in session with pupils in 892
attendance for the school year succeeding the school year in which 893
a board of education initiates a plan of operation pursuant to 894
section 3313.481 of the Revised Code. The minimum requirements of 895
this section shall again be applicable to such a district 896
beginning with the school year commencing the second July 897
succeeding the initiation of one such plan, and for each school 898
year thereafter.899

       A school district shall not be considered to have failed to 900
comply with this division or section 3313.48 or 3313.481 of the 901
Revised Code because schools were open for instruction but the 902
length of the regularly scheduled school day, for any number of 903
days during the school year, was reduced by not more than two 904
hours due to hazardous weather conditions.905

       A board of education or governing board of an educational 906
service center which has not conformed with other law and the 907
rules pursuant thereto, shall not participate in the distribution 908
of funds authorized by this chapter, except for good and 909
sufficient reason established to the satisfaction of the state 910
board of education and the state controlling board.911

       All funds allocated to school districts under this chapter, 912
except those specifically allocated for other purposes, shall be 913
used to pay current operating expenses only.914

       Sec. 3317.03.  (A) The superintendent of each city, local, 915
and exempted village school district and of each educational 916
service center shall, for the schools under the superintendent's 917
supervision, certify to the state board of education on or before 918
the fifteenth day of October in each year for the first full 919
school week in October the average daily membership of students 920
receiving services from schools under the superintendent's 921
supervision, and the numbers of other students entitled to attend 922
school in the district under section 3313.64 or 3313.65 of the 923
Revised Code the superintendent is required to report under this 924
section, so that the department of education can calculate the 925
district's formula ADM. If a school under the superintendent's 926
supervision is closed for one or more days during that week due to 927
hazardous weather conditions or other circumstances described in 928
the first paragraph of division (B)(A)(1) of section 3317.01929
3313.482 of the Revised Code, the superintendent may apply to the 930
superintendent of public instruction for a waiver, under which the 931
superintendent of public instruction may exempt the district 932
superintendent from certifying the average daily membership for 933
that school for that week and specify an alternate week for 934
certifying the average daily membership of that school.935

       The average daily membership during such week shall consist 936
of the sum of the following:937

       (1) On an FTE basis, the number of students in grades 938
kindergarten through twelve receiving any educational services 939
from the district, except that the following categories of 940
students shall not be included in the determination:941

       (a) Students enrolled in adult education classes;942

       (b) Adjacent or other district students enrolled in the 943
district under an open enrollment policy pursuant to section 944
3313.98 of the Revised Code;945

       (c) Students receiving services in the district pursuant to a 946
compact, cooperative education agreement, or a contract, but who 947
are entitled to attend school in another district pursuant to 948
section 3313.64 or 3313.65 of the Revised Code;949

       (d) Students for whom tuition is payable pursuant to sections 950
3317.081 and 3323.141 of the Revised Code;951

       (e) Students receiving services in the district through a 952
scholarship awarded under either section 3310.41 or sections 953
3310.51 to 3310.64 of the Revised Code.954

       (2) On an FTE basis, the number of students entitled to 955
attend school in the district pursuant to section 3313.64 or 956
3313.65 of the Revised Code, but receiving educational services in 957
grades kindergarten through twelve from one or more of the 958
following entities:959

       (a) A community school pursuant to Chapter 3314. of the 960
Revised Code, including any participation in a college pursuant to 961
Chapter 3365. of the Revised Code while enrolled in such community 962
school;963

       (b) An alternative school pursuant to sections 3313.974 to 964
3313.979 of the Revised Code as described in division (I)(2)(a) or 965
(b) of this section;966

       (c) A college pursuant to Chapter 3365. of the Revised Code, 967
except when the student is enrolled in the college while also 968
enrolled in a community school pursuant to Chapter 3314. or a 969
science, technology, engineering, and mathematics school 970
established under Chapter 3326. of the Revised Code;971

       (d) An adjacent or other school district under an open 972
enrollment policy adopted pursuant to section 3313.98 of the 973
Revised Code;974

       (e) An educational service center or cooperative education 975
district;976

       (f) Another school district under a cooperative education 977
agreement, compact, or contract;978

       (g) A chartered nonpublic school with a scholarship paid 979
under section 3310.08 of the Revised Code;980

        (h) An alternative public provider or a registered private 981
provider with a scholarship awarded under either section 3310.41 982
or sections 3310.51 to 3310.64 of the Revised Code. 983

       As used in this section, "alternative public provider" and 984
"registered private provider" have the same meanings as in section 985
3310.41 or 3310.51 of the Revised Code, as applicable.986

       (i) A science, technology, engineering, and mathematics 987
school established under Chapter 3326. of the Revised Code, 988
including any participation in a college pursuant to Chapter 3365. 989
of the Revised Code while enrolled in the school;990

       (j) A college-preparatory boarding school established under 991
Chapter 3328. of the Revised Code.992

       (3) The number of students enrolled in a joint vocational 993
school district or under a vocational education compact, excluding 994
any students entitled to attend school in the district under 995
section 3313.64 or 3313.65 of the Revised Code who are enrolled in 996
another school district through an open enrollment policy as 997
reported under division (A)(2)(d) of this section and then enroll 998
in a joint vocational school district or under a vocational 999
education compact;1000

       (4) The number of children with disabilities, other than 1001
preschool children with disabilities, entitled to attend school in 1002
the district pursuant to section 3313.64 or 3313.65 of the Revised 1003
Code who are placed by the district with a county DD board, minus 1004
the number of such children placed with a county DD board in 1005
fiscal year 1998. If this calculation produces a negative number, 1006
the number reported under division (A)(4) of this section shall be 1007
zero.1008

       (B) To enable the department of education to obtain the data 1009
needed to complete the calculation of payments pursuant to this 1010
chapter, in addition to the average daily membership, each 1011
superintendent shall report separately the following student 1012
counts for the same week for which average daily membership is 1013
certified:1014

       (1) The total average daily membership in regular learning 1015
day classes included in the report under division (A)(1) or (2) of 1016
this section for each of the individual grades kindergarten 1017
through twelve in schools under the superintendent's supervision;1018

       (2) The number of all preschool children with disabilities 1019
enrolled as of the first day of December in classes in the 1020
district that are eligible for approval under division (B) of 1021
section 3317.05 of the Revised Code and the number of those 1022
classes, which shall be reported not later than the fifteenth day 1023
of December, in accordance with rules adopted under that section;1024

       (3) The number of children entitled to attend school in the 1025
district pursuant to section 3313.64 or 3313.65 of the Revised 1026
Code who are:1027

       (a) Participating in a pilot project scholarship program 1028
established under sections 3313.974 to 3313.979 of the Revised 1029
Code as described in division (I)(2)(a) or (b) of this section;1030

       (b) Enrolled in a college under Chapter 3365. of the Revised 1031
Code, except when the student is enrolled in the college while 1032
also enrolled in a community school pursuant to Chapter 3314. or a 1033
science, technology, engineering, and mathematics school 1034
established under Chapter 3326. of the Revised Code;1035

       (c) Enrolled in an adjacent or other school district under 1036
section 3313.98 of the Revised Code;1037

       (d) Enrolled in a community school established under Chapter 1038
3314. of the Revised Code that is not an internet- or 1039
computer-based community school as defined in section 3314.02 of 1040
the Revised Code, including any participation in a college 1041
pursuant to Chapter 3365. of the Revised Code while enrolled in 1042
such community school;1043

       (e) Enrolled in an internet- or computer-based community 1044
school, as defined in section 3314.02 of the Revised Code, 1045
including any participation in a college pursuant to Chapter 3365. 1046
of the Revised Code while enrolled in the school;1047

        (f) Enrolled in a chartered nonpublic school with a 1048
scholarship paid under section 3310.08 of the Revised Code;1049

       (g) Enrolled in kindergarten through grade twelve in an 1050
alternative public provider or a registered private provider with 1051
a scholarship awarded under section 3310.41 of the Revised Code;1052

        (h) Enrolled as a preschool child with a disability in an 1053
alternative public provider or a registered private provider with 1054
a scholarship awarded under section 3310.41 of the Revised Code;1055

       (i) Participating in a program operated by a county DD board 1056
or a state institution;1057

       (j) Enrolled in a science, technology, engineering, and 1058
mathematics school established under Chapter 3326. of the Revised 1059
Code, including any participation in a college pursuant to Chapter 1060
3365. of the Revised Code while enrolled in the school;1061

       (k) Enrolled in a college-preparatory boarding school 1062
established under Chapter 3328. of the Revised Code.1063

       (4) The number of pupils enrolled in joint vocational 1064
schools;1065

       (5) The combined average daily membership of children with 1066
disabilities reported under division (A)(1) or (2) of this section 1067
receiving special education services for the category one 1068
disability described in division (A) of section 3317.013 of the 1069
Revised Code, including children attending a special education 1070
program operated by an alternative public provider or a registered 1071
private provider with a scholarship awarded under sections 3310.51 1072
to 3310.64 of the Revised Code;1073

       (6) The combined average daily membership of children with 1074
disabilities reported under division (A)(1) or (2) of this section 1075
receiving special education services for category two disabilities 1076
described in division (B) of section 3317.013 of the Revised Code, 1077
including children attending a special education program operated 1078
by an alternative public provider or a registered private provider 1079
with a scholarship awarded under sections 3310.51 to 3310.64 of 1080
the Revised Code;1081

       (7) The combined average daily membership of children with 1082
disabilities reported under division (A)(1) or (2) of this section 1083
receiving special education services for category three 1084
disabilities described in division (C) of section 3317.013 of the 1085
Revised Code, including children attending a special education 1086
program operated by an alternative public provider or a registered 1087
private provider with a scholarship awarded under sections 3310.51 1088
to 3310.64 of the Revised Code;1089

       (8) The combined average daily membership of children with 1090
disabilities reported under division (A)(1) or (2) of this section 1091
receiving special education services for category four 1092
disabilities described in division (D) of section 3317.013 of the 1093
Revised Code, including children attending a special education 1094
program operated by an alternative public provider or a registered 1095
private provider with a scholarship awarded under sections 3310.51 1096
to 3310.64 of the Revised Code;1097

       (9) The combined average daily membership of children with 1098
disabilities reported under division (A)(1) or (2) of this section 1099
receiving special education services for the category five 1100
disabilities described in division (E) of section 3317.013 of the 1101
Revised Code, including children attending a special education 1102
program operated by an alternative public provider or a registered 1103
private provider with a scholarship awarded under sections 3310.51 1104
to 3310.64 of the Revised Code;1105

       (10) The combined average daily membership of children with 1106
disabilities reported under division (A)(1) or (2) and under 1107
division (B)(3)(h) of this section receiving special education 1108
services for category six disabilities described in division (F) 1109
of section 3317.013 of the Revised Code, including children 1110
attending a special education program operated by an alternative 1111
public provider or a registered private provider with a 1112
scholarship awarded under either section 3310.41 or sections 1113
3310.51 to 3310.64 of the Revised Code;1114

       (11) The average daily membership of pupils reported under 1115
division (A)(1) or (2) of this section enrolled in category one 1116
vocational education programs or classes, described in division 1117
(A) of section 3317.014 of the Revised Code, operated by the 1118
school district or by another district, other than a joint 1119
vocational school district, or by an educational service center, 1120
excluding any student reported under division (B)(3)(e) of this 1121
section as enrolled in an internet- or computer-based community 1122
school, notwithstanding division (C) of section 3317.02 of the 1123
Revised Code and division (C)(3) of this section;1124

       (12) The average daily membership of pupils reported under 1125
division (A)(1) or (2) of this section enrolled in category two 1126
vocational education programs or services, described in division 1127
(B) of section 3317.014 of the Revised Code, operated by the 1128
school district or another school district, other than a joint 1129
vocational school district, or by an educational service center, 1130
excluding any student reported under division (B)(3)(e) of this 1131
section as enrolled in an internet- or computer-based community 1132
school, notwithstanding division (C) of section 3317.02 of the 1133
Revised Code and division (C)(3) of this section;1134

       Beginning with fiscal year 2010, vocational education ADM 1135
shall not be used to calculate a district's funding but shall be 1136
reported under divisions (B)(11) and (12) of this section for 1137
statistical purposes.1138

       (13) The average number of children transported by the school 1139
district on board-owned or contractor-owned and -operated buses, 1140
reported in accordance with rules adopted by the department of 1141
education;1142

       (14)(a) The number of children, other than preschool children 1143
with disabilities, the district placed with a county DD board in 1144
fiscal year 1998;1145

       (b) The number of children with disabilities, other than 1146
preschool children with disabilities, placed with a county DD 1147
board in the current fiscal year to receive special education 1148
services for the category one disability described in division (A) 1149
of section 3317.013 of the Revised Code;1150

       (c) The number of children with disabilities, other than 1151
preschool children with disabilities, placed with a county DD 1152
board in the current fiscal year to receive special education 1153
services for category two disabilities described in division (B) 1154
of section 3317.013 of the Revised Code;1155

       (d) The number of children with disabilities, other than 1156
preschool children with disabilities, placed with a county DD 1157
board in the current fiscal year to receive special education 1158
services for category three disabilities described in division (C) 1159
of section 3317.013 of the Revised Code;1160

       (e) The number of children with disabilities, other than 1161
preschool children with disabilities, placed with a county DD 1162
board in the current fiscal year to receive special education 1163
services for category four disabilities described in division (D) 1164
of section 3317.013 of the Revised Code;1165

       (f) The number of children with disabilities, other than 1166
preschool children with disabilities, placed with a county DD 1167
board in the current fiscal year to receive special education 1168
services for the category five disabilities described in division 1169
(E) of section 3317.013 of the Revised Code;1170

       (g) The number of children with disabilities, other than 1171
preschool children with disabilities, placed with a county DD 1172
board in the current fiscal year to receive special education 1173
services for category six disabilities described in division (F) 1174
of section 3317.013 of the Revised Code.1175

       (C)(1) The average daily membership in divisions (B)(1) to 1176
(12) of this section shall be based upon the number of full-time 1177
equivalent students. The state board of education shall adopt 1178
rules defining full-time equivalent students and for determining 1179
the average daily membership therefrom for the purposes of 1180
divisions (A), (B), and (D) of this section. Each student enrolled 1181
in kindergarten shall be counted as one full-time equivalent 1182
student regardless of whether the student is enrolled in a 1183
part-day or all-day kindergarten class. 1184

       (2) A student enrolled in a community school established 1185
under Chapter 3314., a science, technology, engineering, and 1186
mathematics school established under Chapter 3326., or a 1187
college-preparatory boarding school established under Chapter 1188
3328. of the Revised Code shall be counted in the formula ADM and, 1189
if applicable, the category one, two, three, four, five, or six 1190
special education ADM of the school district in which the student 1191
is entitled to attend school under section 3313.64 or 3313.65 of 1192
the Revised Code for the same proportion of the school year that 1193
the student is counted in the enrollment of the community school, 1194
the science, technology, engineering, and mathematics school, or 1195
the college-preparatory boarding school for purposes of section 1196
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding 1197
the number of students reported pursuant to division (B)(3)(d), 1198
(e), (j), or (k) of this section, the department may adjust the 1199
formula ADM of a school district to account for students entitled 1200
to attend school in the district under section 3313.64 or 3313.65 1201
of the Revised Code who are enrolled in a community school, a 1202
science, technology, engineering, and mathematics school, or a 1203
college-preparatory boarding school for only a portion of the 1204
school year.1205

        (3) No child shall be counted as more than a total of one 1206
child in the sum of the average daily memberships of a school 1207
district under division (A), divisions (B)(1) to (12), or division 1208
(D) of this section, except as follows:1209

       (a) A child with a disability described in section 3317.013 1210
of the Revised Code may be counted both in formula ADM and in 1211
category one, two, three, four, five, or six special education ADM 1212
and, if applicable, in category one or two vocational education 1213
ADM. As provided in division (C) of section 3317.02 of the Revised 1214
Code, such a child shall be counted in category one, two, three, 1215
four, five, or six special education ADM in the same proportion 1216
that the child is counted in formula ADM.1217

       (b) A child enrolled in vocational education programs or 1218
classes described in section 3317.014 of the Revised Code may be 1219
counted both in formula ADM and category one or two vocational 1220
education ADM and, if applicable, in category one, two, three, 1221
four, five, or six special education ADM. Such a child shall be 1222
counted in category one or two vocational education ADM in the 1223
same proportion as the percentage of time that the child spends in 1224
the vocational education programs or classes.1225

       (4) Based on the information reported under this section, the 1226
department of education shall determine the total student count, 1227
as defined in section 3301.011 of the Revised Code, for each 1228
school district.1229

       (D)(1) The superintendent of each joint vocational school 1230
district shall certify to the superintendent of public instruction 1231
on or before the fifteenth day of October in each year for the 1232
first full school week in October the formula ADM, for purposes of 1233
section 3318.42 of the Revised Code and for any other purpose 1234
prescribed by law for which "formula ADM" of the joint vocational 1235
district is a factor. If a school operated by the joint vocational 1236
school district is closed for one or more days during that week 1237
due to hazardous weather conditions or other circumstances 1238
described in the first paragraph of division (B)(A)(1) of section 1239
3317.013313.482 of the Revised Code, the superintendent may apply 1240
to the superintendent of public instruction for a waiver, under 1241
which the superintendent of public instruction may exempt the 1242
district superintendent from certifying the formula ADM for that 1243
school for that week and specify an alternate week for certifying 1244
the formula ADM of that school.1245

       The formula ADM, except as otherwise provided in this 1246
division, shall consist of the average daily membership during 1247
such week, on an FTE basis, of the number of students receiving 1248
any educational services from the district, including students 1249
enrolled in a community school established under Chapter 3314. or 1250
a science, technology, engineering, and mathematics school 1251
established under Chapter 3326. of the Revised Code who are 1252
attending the joint vocational district under an agreement between 1253
the district board of education and the governing authority of the 1254
community school or the governing body of the science, technology, 1255
engineering, and mathematics school and are entitled to attend 1256
school in a city, local, or exempted village school district whose 1257
territory is part of the territory of the joint vocational 1258
district.1259

        The following categories of students shall not be included in 1260
the determination made under division (D)(1) of this section:1261

       (a) Students enrolled in adult education classes;1262

       (b) Adjacent or other district joint vocational students 1263
enrolled in the district under an open enrollment policy pursuant 1264
to section 3313.98 of the Revised Code;1265

       (c) Students receiving services in the district pursuant to a 1266
compact, cooperative education agreement, or a contract, but who 1267
are entitled to attend school in a city, local, or exempted 1268
village school district whose territory is not part of the 1269
territory of the joint vocational district;1270

       (d) Students for whom tuition is payable pursuant to sections 1271
3317.081 and 3323.141 of the Revised Code.1272

       (2) To enable the department of education to obtain the data 1273
needed to complete the calculation of payments pursuant to this 1274
chapter, in addition to the formula ADM, each superintendent shall 1275
report separately the average daily membership included in the 1276
report under division (D)(1) of this section for each of the 1277
following categories of students for the same week for which 1278
formula ADM is certified:1279

       (a) Students enrolled in each individual grade included in 1280
the joint vocational district schools;1281

       (b) Children with disabilities receiving special education 1282
services for the category one disability described in division (A) 1283
of section 3317.013 of the Revised Code;1284

       (c) Children with disabilities receiving special education 1285
services for the category two disabilities described in division 1286
(B) of section 3317.013 of the Revised Code;1287

       (d) Children with disabilities receiving special education 1288
services for category three disabilities described in division (C) 1289
of section 3317.013 of the Revised Code;1290

       (e) Children with disabilities receiving special education 1291
services for category four disabilities described in division (D) 1292
of section 3317.013 of the Revised Code;1293

       (f) Children with disabilities receiving special education 1294
services for the category five disabilities described in division 1295
(E) of section 3317.013 of the Revised Code;1296

       (g) Children with disabilities receiving special education 1297
services for category six disabilities described in division (F) 1298
of section 3317.013 of the Revised Code;1299

       (h) Students receiving category one vocational education 1300
services, described in division (A) of section 3317.014 of the 1301
Revised Code;1302

       (i) Students receiving category two vocational education 1303
services, described in division (B) of section 3317.014 of the 1304
Revised Code.1305

       The superintendent of each joint vocational school district 1306
shall also indicate the city, local, or exempted village school 1307
district in which each joint vocational district pupil is entitled 1308
to attend school pursuant to section 3313.64 or 3313.65 of the 1309
Revised Code.1310

       (E) In each school of each city, local, exempted village, 1311
joint vocational, and cooperative education school district there 1312
shall be maintained a record of school membership, which record 1313
shall accurately show, for each day the school is in session, the 1314
actual membership enrolled in regular day classes. For the purpose 1315
of determining average daily membership, the membership figure of 1316
any school shall not include any pupils except those pupils 1317
described by division (A) of this section. The record of 1318
membership for each school shall be maintained in such manner that 1319
no pupil shall be counted as in membership prior to the actual 1320
date of entry in the school and also in such manner that where for 1321
any cause a pupil permanently withdraws from the school that pupil 1322
shall not be counted as in membership from and after the date of 1323
such withdrawal. There shall not be included in the membership of 1324
any school any of the following:1325

       (1) Any pupil who has graduated from the twelfth grade of a 1326
public or nonpublic high school;1327

       (2) Any pupil who is not a resident of the state;1328

       (3) Any pupil who was enrolled in the schools of the district 1329
during the previous school year when assessments were administered 1330
under section 3301.0711 of the Revised Code but did not take one 1331
or more of the assessments required by that section and was not 1332
excused pursuant to division (C)(1) or (3) of that section;1333

       (4) Any pupil who has attained the age of twenty-two years, 1334
except for veterans of the armed services whose attendance was 1335
interrupted before completing the recognized twelve-year course of 1336
the public schools by reason of induction or enlistment in the 1337
armed forces and who apply for reenrollment in the public school 1338
system of their residence not later than four years after 1339
termination of war or their honorable discharge.1340

       If, however, any veteran described by division (E)(4) of this 1341
section elects to enroll in special courses organized for veterans 1342
for whom tuition is paid under the provisions of federal laws, or 1343
otherwise, that veteran shall not be included in average daily 1344
membership.1345

       Notwithstanding division (E)(3) of this section, the 1346
membership of any school may include a pupil who did not take an 1347
assessment required by section 3301.0711 of the Revised Code if 1348
the superintendent of public instruction grants a waiver from the 1349
requirement to take the assessment to the specific pupil and a 1350
parent is not paying tuition for the pupil pursuant to section 1351
3313.6410 of the Revised Code. The superintendent may grant such a 1352
waiver only for good cause in accordance with rules adopted by the 1353
state board of education.1354

       Except as provided in divisions (B)(2) and (F) of this 1355
section, the average daily membership figure of any local, city, 1356
exempted village, or joint vocational school district shall be 1357
determined by dividing the figure representing the sum of the 1358
number of pupils enrolled during each day the school of attendance 1359
is actually open for instruction during the week for which the 1360
average daily membership is being certified by the total number of 1361
days the school was actually open for instruction during that 1362
week. For purposes of state funding, "enrolled" persons are only 1363
those pupils who are attending school, those who have attended 1364
school during the current school year and are absent for 1365
authorized reasons, and those children with disabilities currently 1366
receiving home instruction.1367

       The average daily membership figure of any cooperative 1368
education school district shall be determined in accordance with 1369
rules adopted by the state board of education.1370

       (F)(1) If the formula ADM for the first full school week in 1371
February is at least three per cent greater than that certified 1372
for the first full school week in the preceding October, the 1373
superintendent of schools of any city, exempted village, or joint 1374
vocational school district or educational service center shall 1375
certify such increase to the superintendent of public instruction. 1376
Such certification shall be submitted no later than the fifteenth 1377
day of February. For the balance of the fiscal year, beginning 1378
with the February payments, the superintendent of public 1379
instruction shall use the increased formula ADM in calculating or 1380
recalculating the amounts to be allocated in accordance with 1381
section 3317.022 or 3317.16 of the Revised Code. In no event shall 1382
the superintendent use an increased membership certified to the 1383
superintendent after the fifteenth day of February. Division 1384
(F)(1) of this section does not apply after fiscal year 2006.1385

       (2) If on the first school day of April the total number of 1386
classes or units for preschool children with disabilities that are 1387
eligible for approval under division (B) of section 3317.05 of the 1388
Revised Code exceeds the number of units that have been approved 1389
for the year under that division, the superintendent of schools of 1390
any city, exempted village, or cooperative education school 1391
district or educational service center shall make the 1392
certifications required by this section for that day. If the 1393
department determines additional units can be approved for the 1394
fiscal year within any limitations set forth in the acts 1395
appropriating moneys for the funding of such units, the department 1396
shall approve additional units for the fiscal year on the basis of 1397
such average daily membership. For each unit so approved, the 1398
department shall pay an amount computed in the manner prescribed 1399
in section 3317.052 or 3317.19 and section 3317.053 of the Revised 1400
Code.1401

       (3) If a student attending a community school under Chapter 1402
3314., a science, technology, engineering, and mathematics school 1403
established under Chapter 3326., or a college-preparatory boarding 1404
school established under Chapter 3328. of the Revised Code is not 1405
included in the formula ADM certified for the school district in 1406
which the student is entitled to attend school under section 1407
3313.64 or 3313.65 of the Revised Code, the department of 1408
education shall adjust the formula ADM of that school district to 1409
include the student in accordance with division (C)(2) of this 1410
section, and shall recalculate the school district's payments 1411
under this chapter for the entire fiscal year on the basis of that 1412
adjusted formula ADM. This requirement applies regardless of 1413
whether the student was enrolled, as defined in division (E) of 1414
this section, in the community school, the science, technology, 1415
engineering, and mathematics school, or the college-preparatory 1416
boarding school during the week for which the formula ADM is being 1417
certified.1418

       (4) If a student awarded an educational choice scholarship is 1419
not included in the formula ADM of the school district from which 1420
the department deducts funds for the scholarship under section 1421
3310.08 of the Revised Code, the department shall adjust the 1422
formula ADM of that school district to include the student to the 1423
extent necessary to account for the deduction, and shall 1424
recalculate the school district's payments under this chapter for 1425
the entire fiscal year on the basis of that adjusted formula ADM. 1426
This requirement applies regardless of whether the student was 1427
enrolled, as defined in division (E) of this section, in the 1428
chartered nonpublic school, the school district, or a community 1429
school during the week for which the formula ADM is being 1430
certified.1431

       (5) If a student awarded a scholarship under the Jon Peterson 1432
special needs scholarship program is not included in the formula 1433
ADM of the school district from which the department deducts funds 1434
for the scholarship under section 3310.55 of the Revised Code, the 1435
department shall adjust the formula ADM of that school district to 1436
include the student to the extent necessary to account for the 1437
deduction, and shall recalculate the school district's payments 1438
under this chapter for the entire fiscal year on the basis of that 1439
adjusted formula ADM. This requirement applies regardless of 1440
whether the student was enrolled, as defined in division (E) of 1441
this section, in an alternative public provider, a registered 1442
private provider, or the school district during the week for which 1443
the formula ADM is being certified. 1444

       (G)(1)(a) The superintendent of an institution operating a 1445
special education program pursuant to section 3323.091 of the 1446
Revised Code shall, for the programs under such superintendent's 1447
supervision, certify to the state board of education, in the 1448
manner prescribed by the superintendent of public instruction, 1449
both of the following:1450

       (i) The average daily membership of all children with 1451
disabilities other than preschool children with disabilities 1452
receiving services at the institution for each category of 1453
disability described in divisions (A) to (F) of section 3317.013 1454
of the Revised Code;1455

       (ii) The average daily membership of all preschool children 1456
with disabilities in classes or programs approved annually by the 1457
department of education for unit funding under section 3317.05 of 1458
the Revised Code.1459

       (b) The superintendent of an institution with vocational 1460
education units approved under division (A) of section 3317.05 of 1461
the Revised Code shall, for the units under the superintendent's 1462
supervision, certify to the state board of education the average 1463
daily membership in those units, in the manner prescribed by the 1464
superintendent of public instruction.1465

       (2) The superintendent of each county DD board that maintains 1466
special education classes under section 3317.20 of the Revised 1467
Code or units approved pursuant to section 3317.05 of the Revised 1468
Code shall do both of the following:1469

       (a) Certify to the state board, in the manner prescribed by 1470
the board, the average daily membership in classes under section 1471
3317.20 of the Revised Code for each school district that has 1472
placed children in the classes;1473

       (b) Certify to the state board, in the manner prescribed by 1474
the board, the number of all preschool children with disabilities 1475
enrolled as of the first day of December in classes eligible for 1476
approval under division (B) of section 3317.05 of the Revised 1477
Code, and the number of those classes.1478

       (3)(a) If on the first school day of April the number of 1479
classes or units maintained for preschool children with 1480
disabilities by the county DD board that are eligible for approval 1481
under division (B) of section 3317.05 of the Revised Code is 1482
greater than the number of units approved for the year under that 1483
division, the superintendent shall make the certification required 1484
by this section for that day.1485

       (b) If the department determines that additional classes or 1486
units can be approved for the fiscal year within any limitations 1487
set forth in the acts appropriating moneys for the funding of the 1488
classes and units described in division (G)(3)(a) of this section, 1489
the department shall approve and fund additional units for the 1490
fiscal year on the basis of such average daily membership. For 1491
each unit so approved, the department shall pay an amount computed 1492
in the manner prescribed in sections 3317.052 and 3317.053 of the 1493
Revised Code.1494

       (H) Except as provided in division (I) of this section, when 1495
any city, local, or exempted village school district provides 1496
instruction for a nonresident pupil whose attendance is 1497
unauthorized attendance as defined in section 3327.06 of the 1498
Revised Code, that pupil's membership shall not be included in 1499
that district's membership figure used in the calculation of that 1500
district's formula ADM or included in the determination of any 1501
unit approved for the district under section 3317.05 of the 1502
Revised Code. The reporting official shall report separately the 1503
average daily membership of all pupils whose attendance in the 1504
district is unauthorized attendance, and the membership of each 1505
such pupil shall be credited to the school district in which the 1506
pupil is entitled to attend school under division (B) of section 1507
3313.64 or section 3313.65 of the Revised Code as determined by 1508
the department of education.1509

       (I)(1) A city, local, exempted village, or joint vocational 1510
school district admitting a scholarship student of a pilot project 1511
district pursuant to division (C) of section 3313.976 of the 1512
Revised Code may count such student in its average daily 1513
membership.1514

       (2) In any year for which funds are appropriated for pilot 1515
project scholarship programs, a school district implementing a 1516
state-sponsored pilot project scholarship program that year 1517
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 1518
count in average daily membership:1519

       (a) All children residing in the district and utilizing a 1520
scholarship to attend kindergarten in any alternative school, as 1521
defined in section 3313.974 of the Revised Code;1522

       (b) All children who were enrolled in the district in the 1523
preceding year who are utilizing a scholarship to attend an 1524
alternative school.1525

       (J) The superintendent of each cooperative education school 1526
district shall certify to the superintendent of public 1527
instruction, in a manner prescribed by the state board of 1528
education, the applicable average daily memberships for all 1529
students in the cooperative education district, also indicating 1530
the city, local, or exempted village district where each pupil is 1531
entitled to attend school under section 3313.64 or 3313.65 of the 1532
Revised Code.1533

       (K) If the superintendent of public instruction determines 1534
that a component of the average daily membership certified or 1535
reported by a district superintendent, or other reporting entity, 1536
is not correct, the superintendent of public instruction may order 1537
that the formula ADM used for the purposes of payments under any 1538
section of Title XXXIII of the Revised Code be adjusted in the 1539
amount of the error.1540

       Sec. 3321.05.  (A) As used in this section, "all-day 1541
kindergarten" means a kindergarten class that is in session five 1542
days per week for not less than the same number of clock hours 1543
each dayweek as for students in grades one through six.1544

        (B) Any school district may operate all-day kindergarten or 1545
extended kindergarten, but no district shall require any student 1546
to attend kindergarten for more than the number of clock hours 1547
required each day for traditional kindergarten by the minimum 1548
standards adopted under division (D) of section 3301.07 of the 1549
Revised Code. Each school district that operates all-day or 1550
extended kindergarten shall accommodate kindergarten students 1551
whose parents or guardians elect to enroll them for the minimum 1552
number of hours.1553

       (C) A school district may use space in child day-care centers 1554
licensed under Chapter 5104. of the Revised Code to provide 1555
all-day kindergarten under this section.1556

       Sec. 3326.11. Each science, technology, engineering, and 1557
mathematics school established under this chapter and its 1558
governing body shall comply with sections 9.90, 9.91, 109.65, 1559
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 1560
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 1561
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 1562
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 1563
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, 1564
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 1565
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 1566
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 1567
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, 1568
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 1569
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 1570
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 1571
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 1572
4123., 4141., and 4167. of the Revised Code as if it were a school 1573
district.1574

       Sec. 3327.01.  Notwithstanding division (D) of section 1575
3311.19 and division (D) of section 3311.52 of the Revised Code, 1576
this section and sections 3327.011, 3327.012, and 3327.02 of the 1577
Revised Code do not apply to any joint vocational or cooperative 1578
education school district.1579

       In all city, local, and exempted village school districts 1580
where resident school pupils in grades kindergarten through eight 1581
live more than two miles from the school for which the state board 1582
of education prescribes minimum standards pursuant to division (D) 1583
of section 3301.07 of the Revised Code and to which they are 1584
assigned by the board of education of the district of residence or 1585
to and from the nonpublic or community school which they attend 1586
the board of education shall provide transportation for such 1587
pupils to and from such school except as provided in section 1588
3327.02 of the Revised Code.1589

       In all city, local, and exempted village school districts 1590
where pupil transportation is required under a career-technical 1591
plan approved by the state board of education under section 1592
3313.90 of the Revised Code, for any student attending a 1593
career-technical program operated by another school district, 1594
including a joint vocational school district, as prescribed under 1595
that section, the board of education of the student's district of 1596
residence shall provide transportation from the public high school 1597
operated by that district to which the student is assigned to the 1598
career-technical program.1599

       In all city, local, and exempted village school districts the 1600
board may provide transportation for resident school pupils in 1601
grades nine through twelve to and from the high school to which 1602
they are assigned by the board of education of the district of 1603
residence or to and from the nonpublic or community high school 1604
which they attend for which the state board of education 1605
prescribes minimum standards pursuant to division (D) of section 1606
3301.07 of the Revised Code.1607

       A board of education shall not be required to transport 1608
elementary or high school pupils to and from a nonpublic or 1609
community school where such transportation would require more than 1610
thirty minutes of direct travel time as measured by school bus 1611
from the public school building to which the pupils would be 1612
assigned if attending the public school designated by the district 1613
of residence.1614

       A board of education shall not be required to transport 1615
elementary or high school pupils to and from a nonpublic or 1616
community school on Saturday or Sunday, unless a board of 1617
education and a nonpublic or community school have an agreement in 1618
place to do so before the effective date of this amendment.1619

       Where it is impractical to transport a pupil by school 1620
conveyance, a board of education may offer payment, in lieu of 1621
providing such transportation in accordance with section 3327.02 1622
of the Revised Code.1623

       In all city, local, and exempted village school districts the 1624
board shall provide transportation for all children who are so 1625
disabled that they are unable to walk to and from the school for 1626
which the state board of education prescribes minimum standards 1627
pursuant to division (D) of section 3301.07 of the Revised Code 1628
and which they attend. In case of dispute whether the child is 1629
able to walk to and from the school, the health commissioner shall 1630
be the judge of such ability. In all city, exempted village, and 1631
local school districts the board shall provide transportation to 1632
and from school or special education classes for educable mentally 1633
retarded children in accordance with standards adopted by the 1634
state board of education.1635

       When transportation of pupils is provided the conveyance 1636
shall be run on a time schedule that shall be adopted and put in 1637
force by the board not later than ten days after the beginning of 1638
the school term.1639

       The cost of any transportation service authorized by this 1640
section shall be paid first out of federal funds, if any, 1641
available for the purpose of pupil transportation, and secondly 1642
out of state appropriations, in accordance with regulations 1643
adopted by the state board of education.1644

       No transportation of any pupils shall be provided by any 1645
board of education to or from any school which in the selection of 1646
pupils, faculty members, or employees, practices discrimination 1647
against any person on the grounds of race, color, religion, or 1648
national origin.1649

       Section 2. That existing sections 2151.011, 3313.48, 1650
3313.533, 3313.62, 3313.88, 3317.01, 3317.03, 3321.05, 3326.11, 1651
and 3327.01 and sections 3313.481 and 3313.482 of the Revised 1652
Code are hereby repealed.1653

       Section 3. Sections 1 and 2 of this act shall take effect 1654
July 1, 2013. However, to determine whether a school district 1655
satisfied the minimum school year in the 2012-2013 school year in 1656
order to qualify for state funding under Chapter 3317. of the 1657
Revised Code for fiscal year 2014, the Department of Education 1658
shall apply the criteria prescribed in the version of division (B) 1659
of section 3317.01 of the Revised Code in effect prior to July 1, 1660
2013.1661

       Section 4. The amendments to sections 3313.48, 3313.533, 1662
3313.62, 3317.01, and 3321.05; the repeal and reenactment of 1663
section 3313.481; and the repeal of section 3313.482 of the 1664
Revised Code made by this act do not apply to any collective 1665
bargaining agreement executed under Chapter 4117. of the Revised 1666
Code prior to the effective date of this section. Any collective 1667
bargaining agreement or renewal executed after that date shall 1668
comply with the changes provided for in this act.1669

       Section 5. The reference to section 3313.674 of the Revised 1670
Code in section 3326.11 of the Revised Code is presented in this 1671
act as law in conformity with the expressed intent of the 1672
Governor's veto message for Am. Sub. H.B. 153 of the 129th General 1673
Assembly to veto the repeal of the body mass index screening 1674
program. 1675

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