Bill Text: OH HB30 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: ; and to repeal Section 265.70.70 of Am. Sub. H.B. 1 of the 128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th General Assembly to eliminate spending and reporting requirements related to the school funding system, to eliminate the prohibition on unit funding for gifted student services effective after fiscal year 2011, to eliminate the requirement that school districts offer all-day kindergarten, to eliminate the requirement that school districts annually set aside operating funds for textbooks and instructional materials, and to eliminate the requirement that school districts establish family and civic engagement teams except as required for implementation of federal "Race to the Top" grants.

Spectrum: Partisan Bill (Republican 49-0)

Status: (Passed) 2011-06-29 - Effective Date [HB30 Detail]

Download: Ohio-2011-HB30-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 30

Representative Gardner 

Cosponsors: Representatives Wachtmann, Stautberg, Sears, Derickson, Brenner, Maag, Adams, J., Carey, Beck, Blair, Burke, Combs, Hottinger, Snitchler, Kozlowski, Grossman, Bubp, Stebelton, Ruhl, Blessing, Huffman, Baker, Hackett, McClain, Amstutz, Roegner, Henne, Young, Anielski, Boose, Buchy, Coley, Dovilla, Duffey, Gonzales, Goodwin, Hall, Hayes, Martin, Mecklenborg, Newbold, Peterson, Rosenberger, Schuring, Slaby, Thompson, Uecker, Batchelder 

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A BILL

To amend sections 3301.07, 3301.16, 3302.05, 3302.07,

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3306.01, 3306.02, 3306.05, 3306.06, 3306.07,

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3306.08, 3306.09, 3306.091, 3306.10, 3315.18,

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3315.19, 3316.06, 3316.16, 3317.018, 3317.024,

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3321.01, and 3321.05; to enact section 3301.96;

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and to repeal sections 3306.18, 3306.25, 3306.29,

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3306.291, 3306.292, 3306.30, 3306.31, 3306.33,

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3306.34, 3306.35, 3306.40, 3313.821, 3313.822,

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3315.17, 3315.171, and 3318.312 of the Revised

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Code; and to repeal Section 265.70.70 of Am. Sub.

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H.B. 1 of the 128th General Assembly and Section 9

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of Sub. H.B. 318 of the 128th General Assembly to

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eliminate spending and reporting requirements

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related to the school funding system, to abolish

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the School Funding Advisory Council, to eliminate

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the prohibition on unit funding for gifted student

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services effective after fiscal year 2011, to

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eliminate the requirement that school districts

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offer all-day kindergarten, to eliminate the

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requirement that school districts annually set

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aside operating funds for textbooks and

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instructional materials, and to eliminate the

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requirement that school districts establish family

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and civic engagement teams except as required for

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implementation of federal "Race to the Top"

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grants.

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

Section 1.  That sections 3301.07, 3301.16, 3302.05, 3302.07,	27
3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08, 3306.09,	28
3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16, 3317.018,	29
3317.024, 3321.01, and 3321.05 be amended and section 3301.96 of	30
the Revised Code be enacted to read as follows:	31

Sec. 3301.07.  The state board of education shall exercise	32
under the acts of the general assembly general supervision of the	33
system of public education in the state. In addition to the powers	34
otherwise imposed on the state board under the provisions of law,	35
the board shall have the powers described in this section.	36

(A) The state board shall exercise policy forming, planning,	37
and evaluative functions for the public schools of the state	38
except as otherwise provided by law.	39

(B)(1) The state board shall exercise leadership in the	40
improvement of public education in this state, and administer the	41
educational policies of this state relating to public schools, and	42
relating to instruction and instructional material, building and	43
equipment, transportation of pupils, administrative	44
responsibilities of school officials and personnel, and finance	45
and organization of school districts, educational service centers,	46
and territory. Consultative and advisory services in such matters	47
shall be provided by the board to school districts and educational	48
service centers of this state.	49

(2) The state board also shall develop a standard of	50
financial reporting which shall be used by each school district	51
board of education and educational service center governing board	52
to make its financial information and annual budgets for each	53
school building under its control available to the public in a	54
format understandable by the average citizen. The format shall	55
show, among other things, at the district and educational service	56
center level or at the school building level, as determined	57
appropriate by the department of education, revenue by source;	58
expenditures for salaries, wages, and benefits of employees,	59
showing such amounts separately for classroom teachers, other	60
employees required to hold licenses issued pursuant to sections	61
3319.22 to 3319.31 of the Revised Code, and all other employees;	62
expenditures other than for personnel, by category, including	63
utilities, textbooks and other educational materials, equipment,	64
permanent improvements, pupil transportation, extracurricular	65
athletics, and other extracurricular activities; and per pupil	66
expenditures.	67

(C) The state board shall administer and supervise the	68
allocation and distribution of all state and federal funds for	69
public school education under the provisions of law, and may	70
prescribe such systems of accounting as are necessary and proper	71
to this function. It may require county auditors and treasurers,	72
boards of education, educational service center governing boards,	73
treasurers of such boards, teachers, and other school officers and	74
employees, or other public officers or employees, to file with it	75
such reports as it may prescribe relating to such funds, or to the	76
management and condition of such funds.	77

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	78
XLVII, and LI of the Revised Code a reference is made to standards	79
prescribed under this section or division (D) of this section,	80
that reference shall be construed to refer to the standards	81
prescribed under division (D)(2) of this section, unless the	82
context specifically indicates a different meaning or intent.	83

(2) The state board shall formulate and prescribe minimum	84
standards to be applied to all elementary and secondary schools in	85
this state for the purpose of requiring a general education of	86
high quality. Such standards shall provide adequately for: the	87
licensing of teachers, administrators, and other professional	88
personnel and their assignment according to training and	89
qualifications; efficient and effective instructional materials	90
and equipment, including library facilities; the proper	91
organization, administration, and supervision of each school,	92
including regulations for preparing all necessary records and	93
reports and the preparation of a statement of policies and	94
objectives for each school; buildings, grounds, health and	95
sanitary facilities and services; admission of pupils, and such	96
requirements for their promotion from grade to grade as will	97
assure that they are capable and prepared for the level of study	98
to which they are certified; requirements for graduation; and such	99
other factors as the board finds necessary.	100

In the formulation and administration of such standards for	101
nonpublic schools the board shall also consider the particular	102
needs, methods and objectives of those schools, provided they do	103
not conflict with the provision of a general education of a high	104
quality and provided that regular procedures shall be followed for	105
promotion from grade to grade of pupils who have met the	106
educational requirements prescribed.	107

In the formulation and administration of such standards as	108
they relate to instructional materials and equipment in public	109
schools, including library materials, the board shall require that	110
the material and equipment be aligned with and promote skills	111
expected under the statewide academic standards adopted under	112
section 3301.079 of the Revised Code.	113

(3) In addition to the minimum standards required by division	114
(D)(2) of this section, the state board shall formulate and	115
prescribe the following additional minimum operating standards for	116
school districts:	117

(a) Standards for the effective and efficient organization,	118
administration, and supervision of each school district so that it	119
becomes a thinking and learning organization according to	120
principles of systems design and collaborative professional	121
learning communities research as defined by the superintendent of	122
public instruction, including a focus on the personalized and	123
individualized needs of each student; a shared responsibility	124
among school boards, administrators, faculty, and staff to develop	125
a common vision, mission, and set of guiding principles; a shared	126
responsibility among school boards, administrators, faculty, and	127
staff to engage in a process of collective inquiry, action	128
orientation, and experimentation to ensure the academic success of	129
all students; commitment to teaching and learning strategies that	130
utilize technological tools and emphasize inter-disciplinary,	131
real-world, project-based, and technology-oriented learning	132
experiences to meet the individual needs of every student;	133
commitment to high expectations for every student and commitment	134
to closing the achievement gap so that all students achieve core	135
knowledge and skills in accordance with the statewide academic	136
standards adopted under section 3301.079 of the Revised Code;	137
commitment to the use of assessments to diagnose the needs of each	138
student; effective connections and relationships with families and	139
others that support student success; and commitment to the use of	140
positive behavior intervention supports throughout a district to	141
ensure a safe and secure learning environment for all students;	142

(b) Standards for the establishment of business advisory	143
councils and family and civic engagement teams by school districts	144
under sectionssection 3313.82, 3313.821, and 3313.822 of the	145
Revised Code;	146

(c) Standards incorporating the classifications for the	147
components of the adequacy amount under Chapter 3306. of the	148
Revised Code into core academic strategy components and academic	149
improvement components, as specified in rules adopted under	150
section 3306.25 of the Revised Code;	151

(d) Standards for school district organizational units, as	152
defined in sections 3306.02 and 3306.04 of the Revised Code, that	153
require:	154

(i) The effective and efficient organization, administration,	155
and supervision of each school district organizational unit so	156
that it becomes a thinking and learning organization according to	157
principles of systems design and collaborative professional	158
learning communities research as defined by the state	159
superintendent, including a focus on the personalized and	160
individualized needs of each student; a shared responsibility	161
among organizational unit administrators, faculty, and staff to	162
develop a common vision, mission, and set of guiding principles; a	163
shared responsibility among organizational unit administrators,	164
faculty, and staff to engage in a process of collective inquiry,	165
action orientation, and experimentation to ensure the academic	166
success of all students; commitment to job embedded professional	167
development and professional mentoring and coaching; established	168
periods of time for teachers to pursue planning time for the	169
development of lesson plans, professional development, and shared	170
learning; commitment to effective management strategies that allow	171
administrators reasonable access to classrooms for observation and	172
professional development experiences; commitment to teaching and	173
learning strategies that utilize technological tools and emphasize	174
inter-disciplinary, real-world, project-based, and	175
technology-oriented learning experiences to meet the individual	176
needs of every student; commitment to high expectations for every	177
student and commitment to closing the achievement gap so that all	178
students achieve core knowledge and skills in accordance with the	179
statewide academic standards adopted under section 3301.079 of the	180
Revised Code; commitment to the use of assessments to diagnose the	181
needs of each student; effective connections and relationships	182
with families and others that support student success; commitment	183
to the use of positive behavior intervention supports throughout	184
the organizational unit to ensure a safe and secure learning	185
environment for all students;	186

(ii) A school organizational unit leadership team to	187
coordinate positive behavior intervention supports, family and	188
civic engagement services, learning environments, thinking and	189
learning systems, collaborative planning, planning time, student	190
academic interventions, student extended learning opportunities,	191
and other activities identified by the team and approved by the	192
district board of education. The team shall include the building	193
principal, representatives from each collective bargaining unit,	194
the building lead teacher, parents, business representatives, and	195
others that support student success.	196

(E) The state board may require as part of the health	197
curriculum information developed under section 2108.34 of the	198
Revised Code promoting the donation of anatomical gifts pursuant	199
to Chapter 2108. of the Revised Code and may provide the	200
information to high schools, educational service centers, and	201
joint vocational school district boards of education;	202

(F) The state board shall prepare and submit annually to the	203
governor and the general assembly a report on the status, needs,	204
and major problems of the public schools of the state, with	205
recommendations for necessary legislative action and a ten-year	206
projection of the state's public and nonpublic school enrollment,	207
by year and by grade level.	208

(G) The state board shall prepare and submit to the director	209
of budget and management the biennial budgetary requests of the	210
state board of education, for its agencies and for the public	211
schools of the state.	212

(H) The state board shall cooperate with federal, state, and	213
local agencies concerned with the health and welfare of children	214
and youth of the state.	215

(I) The state board shall require such reports from school	216
districts and educational service centers, school officers, and	217
employees as are necessary and desirable. The superintendents and	218
treasurers of school districts and educational service centers	219
shall certify as to the accuracy of all reports required by law or	220
state board or state department of education rules to be submitted	221
by the district or educational service center and which contain	222
information necessary for calculation of state funding. Any	223
superintendent who knowingly falsifies such report shall be	224
subject to license revocation pursuant to section 3319.31 of the	225
Revised Code.	226

(J) In accordance with Chapter 119. of the Revised Code, the	227
state board shall adopt procedures, standards, and guidelines for	228
the education of children with disabilities pursuant to Chapter	229
3323. of the Revised Code, including procedures, standards, and	230
guidelines governing programs and services operated by county	231
boards of developmental disabilities pursuant to section 3323.09	232
of the Revised Code.	233

(K) For the purpose of encouraging the development of special	234
programs of education for academically gifted children, the state	235
board shall employ competent persons to analyze and publish data,	236
promote research, advise and counsel with boards of education, and	237
encourage the training of teachers in the special instruction of	238
gifted children. The board may provide financial assistance out of	239
any funds appropriated for this purpose to boards of education and	240
educational service center governing boards for developing and	241
conducting programs of education for academically gifted children.	242

(L) The state board shall require that all public schools	243
emphasize and encourage, within existing units of study, the	244
teaching of energy and resource conservation as recommended to	245
each district board of education by leading business persons	246
involved in energy production and conservation, beginning in the	247
primary grades.	248

(M) The state board shall formulate and prescribe minimum	249
standards requiring the use of phonics as a technique in the	250
teaching of reading in grades kindergarten through three. In	251
addition, the state board shall provide in-service training	252
programs for teachers on the use of phonics as a technique in the	253
teaching of reading in grades kindergarten through three.	254

(N) The state board may adopt rules necessary for carrying	255
out any function imposed on it by law, and may provide rules as	256
are necessary for its government and the government of its	257
employees, and may delegate to the superintendent of public	258
instruction the management and administration of any function	259
imposed on it by law. It may provide for the appointment of board	260
members to serve on temporary committees established by the board	261
for such purposes as are necessary. Permanent or standing	262
committees shall not be created.	263

Compliance(O) Upon application from the board of education	264
of a school district, the superintendent of public instruction may	265
issue a waiver exempting the district from compliance with the	266
standards adopted under divisions (B)(2) and (D) of this section,	267
as they relate to the operation of a school operated by a school	268
the district, may be waived by the state superintendent pursuant	269
to section 3306.40 of the Revised Code. The state board shall	270
adopt standards for the approval or disapproval of waivers under	271
this division. The state superintendent shall consider every	272
application for a waiver, and shall determine whether to grant or	273
deny a waiver in accordance with the state board's standards. For	274
each waiver granted, the state superintendent shall specify the	275
period of time during which the waiver is in effect, which shall	276
not exceed five years. A district board may apply to renew a	277
waiver.	278

Sec. 3301.16.  Pursuant to standards prescribed by the state	279
board of education as provided in division (D) of section 3301.07	280
of the Revised Code, the state board shall classify and charter	281
school districts and individual schools within each district	282
except that no charter shall be granted to a nonpublic school	283
unless the school complies with section 3313.612 of the Revised	284
Code.	285

In the course of considering the charter of a new school	286
district created under section 3311.26 or 3311.38 of the Revised	287
Code, the state board shall require the party proposing creation	288
of the district to submit to the board a map, certified by the	289
county auditor of the county in which the proposed new district is	290
located, showing the boundaries of the proposed new district. In	291
the case of a proposed new district located in more than one	292
county, the map shall be certified by the county auditor of each	293
county in which the proposed district is located.	294

The state board shall revoke the charter of any school	295
district or school which fails to meet the standards for	296
elementary and high schools as prescribed by the board. The state	297
board shall also revoke the charter of any nonpublic school that	298
does not comply with section 3313.612 of the Revised Code. The	299
state board may revoke the charter of any school district that	300
fails to meet the operating standards established under division	301
(D)(3) of section 3301.07 of the Revised Code.	302

In the issuance and revocation of school district or school	303
charters, the state board shall be governed by the provisions of	304
Chapter 119. of the Revised Code.	305

No school district, or individual school operated by a school	306
district, shall operate without a charter issued by the state	307
board under this section.	308

In case a school district charter is revoked pursuant to this	309
section, the state board may dissolve the school district and	310
transfer its territory to one or more adjacent districts. An	311
equitable division of the funds, property, and indebtedness of the	312
school district shall be made by the state board among the	313
receiving districts. The board of education of a receiving	314
district shall accept such territory pursuant to the order of the	315
state board. Prior to dissolving the school district, the state	316
board shall notify the appropriate educational service center	317
governing board and all adjacent school district boards of	318
education of its intention to do so. Boards so notified may make	319
recommendations to the state board regarding the proposed	320
dissolution and subsequent transfer of territory. Except as	321
provided in section 3301.161 of the Revised Code, the transfer	322
ordered by the state board shall become effective on the date	323
specified by the state board, but the date shall be at least	324
thirty days following the date of issuance of the order.	325

A high school is one of higher grade than an elementary	326
school, in which instruction and training are given in accordance	327
with sections 3301.07 and 3313.60 of the Revised Code and which	328
also offers other subjects of study more advanced than those	329
taught in the elementary schools and such other subjects as may be	330
approved by the state board of education.	331

An elementary school is one in which instruction and training	332
are given in accordance with sections 3301.07 and 3313.60 of the	333
Revised Code and which offers such other subjects as may be	334
approved by the state board of education. In districts wherein a	335
junior high school is maintained, the elementary schools in that	336
district may be considered to include only the work of the first	337
six school years inclusive, plus the kindergarten year.	338

A high school or an elementary school may consist of less	339
than one or more than one organizational unit, as defined in	340
sections 3306.02 and 3306.04 of the Revised Code.	341

Sec. 3301.96.  Any school district that is required by the	342
agreement for a grant awarded under the federal Race to the Top	343
program, Division (A), Title XIV, Sections 14005 and 14006 of the	344
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	345
111-5, 123 Stat. 115, to employ a linkage coordinator and engage	346
in other activities for closing the achievement gap and increasing	347
the graduation rate or to have a family and civic engagement team	348
shall continue to comply with those provisions for the life of the	349
grant award, in the manner provided for by former sections	350
3306.31, 3313.821, and 3313.822 of the Revised Code, which	351
sections were repealed by Sub. H.B. 30 of the 129th general	352
assembly.	353

Sec. 3302.05.  The state board of education shall adopt rules	354
freeing school districts declared to be excellent under division	355
(B)(1) or effective under division (B)(2) of section 3302.03 of	356
the Revised Code from specified state mandates. Any mandates	357
included in the rules shall be only those statutes or rules	358
pertaining to state education requirements. The rules shall not	359
exempt districts from any standard or requirement of Chapter 3306.	360
section 3306.09 of the Revised Code or from any operating standard	361
adopted under division (D)(3) of section 3301.07 of the Revised	362
Code.	363

Sec. 3302.07.  (A) The board of education of any school	364
district, the governing board of any educational service center,	365
or the administrative authority of any chartered nonpublic school	366
may submit to the state board of education an application	367
proposing an innovative education pilot program the implementation	368
of which requires exemptions from specific statutory provisions or	369
rules. If a district or service center board employs teachers	370
under a collective bargaining agreement adopted pursuant to	371
Chapter 4117. of the Revised Code, any application submitted under	372
this division shall include the written consent of the teachers'	373
employee representative designated under division (B) of section	374
4117.04 of the Revised Code. The exemptions requested in the	375
application shall be limited to any requirement of Title XXXIII of	376
the Revised Code or of any rule of the state board adopted	377
pursuant to that title except that the application may not propose	378
an exemption from any requirement of or rule adopted pursuant to	379
section 3306.09, Chapter 3307. or 3309., sections 3319.07 to	380
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	381
exemption from any standard or requirement of Chapter 3306. or	382
from any operating standard adopted under division (D)(3) of	383
section 3301.07 of the Revised Code shall be granted only pursuant	384
to a waiver granted by the superintendent of public instruction	385
under division (O) of that section 3306.40 of the Revised Code.	386

(B) The state board of education shall accept any application	387
submitted in accordance with division (A) of this section. The	388
superintendent of public instruction shall approve or disapprove	389
the application in accordance with standards for approval, which	390
shall be adopted by the state board.	391

(C) The superintendent of public instruction shall exempt	392
each district or service center board or chartered nonpublic	393
school administrative authority with an application approved under	394
division (B) of this section for a specified period from the	395
statutory provisions or rules specified in the approved	396
application. The period of exemption shall not exceed the period	397
during which the pilot program proposed in the application is	398
being implemented and a reasonable period to allow for evaluation	399
of the effectiveness of the program.	400

Sec. 3306.01.  This chapter shall be administered by the	401
state board of education. The superintendent of public instruction	402
shall calculate the amounts payable to each school district and	403
shall certify the amounts payable to each eligible district to the	404
treasurer of the district as determined under this chapter. As	405
soon as possible after such amounts are calculated, the	406
superintendent shall certify to the treasurer of each school	407
district the district's adjusted charge-off increase, as defined	408
in section 5705.211 of the Revised Code. No moneys shall be	409
distributed pursuant to this chapter without the approval of the	410
controlling board.	411

The state board of education shall, in accordance with	412
appropriations made by the general assembly, meet the financial	413
obligations of this chapter.	414

Annually, the department of education shall calculate and	415
report to each school district the district's adequacy amount	416
utilizing the calculations in sections 3306.03 and 3306.13 of the	417
Revised Code. The department shall calculate and report separately	418
for each school district the district's total state and local	419
funds for its students with disabilities, utilizing the	420
calculations in sections 3306.05, 3306.11, and 3306.13 of the	421
Revised Code. The department shall calculate and report separately	422
for each school district the amount of funding calculated for each	423
factor of the district's adequacy amount.	424

Not later than the thirty-first day of August of each fiscal	425
year, the department of education shall provide to each school	426
district a preliminary estimate of the amount of funding that the	427
department calculates the district will receive under section	428
3306.13 of the Revised Code. Not later than the first day of	429
December of each fiscal year, the department shall update that	430
preliminary estimate.	431

Moneys distributed pursuant to this chapter shall be	432
calculated and paid on a fiscal year basis, beginning with the	433
first day of July and extending through the thirtieth day of June.	434
Unless otherwise provided, the moneys appropriated for each fiscal	435
year shall be distributed at least monthly to each school	436
district. The state board shall submit a yearly distribution plan	437
to the controlling board at its first meeting in July. The state	438
board shall submit any proposed midyear revision of the plan to	439
the controlling board in January. Any year-end revision of the	440
plan shall be submitted to the controlling board in June. If	441
moneys appropriated for each fiscal year are distributed other	442
than monthly, such distribution shall be on the same basis for	443
each school district.	444

The total amounts paid each month shall constitute, as nearly	445
as possible, one-twelfth of the total amount payable for the	446
entire year.	447

Payments shall be calculated to reflect the reporting of	448
formula ADM. Annualized periodic payments for each school district	449
shall be based on the district's final student counts verified by	450
the superintendent of public instruction based on reports under	451
section 3317.03 of the Revised Code, as adjusted, if so ordered,	452
under division (K) of that section.	453

(A) Except as otherwise provided, payments under this chapter	454
shall be made only to those school districts that comply with	455
divisions (A)(1) to (3) of this section.	456

(1) Each city, exempted village, and local school district	457
shall levy for current operating expenses at least twenty mills.	458
Levies for joint vocational or cooperative education school	459
districts or county school financing districts, limited to or to	460
the extent apportioned to current expenses, shall be included in	461
this qualification requirement. School district income tax levies	462
under Chapter 5748. of the Revised Code, limited to or to the	463
extent apportioned to current operating expenses, shall be	464
included in this qualification requirement to the extent	465
determined by the tax commissioner under division (D) of section	466
3317.021 of the Revised Code.	467

(2) Each city, exempted village, local, and joint vocational	468
school district, during the school year next preceding the fiscal	469
year for which payments are calculated under this chapter, shall	470
meet the requirement of section 3313.48 or 3313.481 of the Revised	471
Code, with regard to the minimum number of days or hours school	472
must be open for instruction with pupils in attendance, for	473
individualized parent-teacher conference and reporting periods,	474
and for professional meetings of teachers. The superintendent of	475
public instruction shall waive a number of days in accordance with	476
section 3317.01 of the Revised Code on which it had been necessary	477
for a school to be closed because of disease epidemic, hazardous	478
weather conditions, inoperability of school buses or other	479
equipment necessary to the school's operation, damage to a school	480
building, or other temporary circumstances due to utility failure	481
rendering the school building unfit for school use.	482

A school district shall not be considered to have failed to	483
comply with this division or section 3313.481 of the Revised Code	484
because schools were open for instruction but either twelfth grade	485
students were excused from attendance for up to three days or only	486
a portion of the kindergarten students were in attendance for up	487
to three days in order to allow for the gradual orientation to	488
school of such students.	489

The superintendent of public instruction shall waive the	490
requirements of this section with reference to the minimum number	491
of days or hours a school must be open for instruction with pupils	492
in attendance for the school year succeeding the school year in	493
which a board of education initiates a plan of operation pursuant	494
to section 3313.481 of the Revised Code. The minimum requirements	495
of this section shall again be applicable to the district	496
beginning with the school year commencing the second July	497
succeeding the initiation of the plan, and for each school year	498
thereafter.	499

A school district shall not be considered to have failed to	500
comply with this division or section 3313.48 or 3313.481 of the	501
Revised Code because schools were open for instruction but the	502
length of the regularly scheduled learning day, for any number of	503
days during the school year, was reduced by not more than two	504
hours due to hazardous weather conditions.	505

(3) Each city, exempted village, local, and joint vocational	506
school district shall have on file, and shall pay in accordance	507
with, a teachers' salary schedule which complies with section	508
3317.13 of the Revised Code.	509

(B) A school district board of education or educational	510
service center governing board that has not conformed with other	511
law, and the rules pursuant thereto, shall not participate in the	512
distribution of funds authorized by this chapter, except for good	513
and sufficient reason established to the satisfaction of the state	514
board of education and the state controlling board.	515

(C) All funds allocated to school districts under this	516
chapter, except those specifically allocated for other purposes,	517
shall be used only to pay current operating expenses or for either	518
of the following purposes:	519

(1) The modification or purchase of classroom space to	520
provide all-day kindergarten as required by section 3321.05 of the	521
Revised Code, provided the district certifies its shortage of	522
space for providing all-day kindergarten to the department of	523
education, in a manner specified by the department;	524

(2) The modification or purchase of classroom space to reduce	525
class sizes in grades kindergarten through three to attain the	526
goal of fifteen students per core teacher, provided the district	527
certifies its need for additional classroom space to the	528
department, in a manner specified by the department.	529

(D) On or before the last day of each month, the department	530
of education shall certify to the director of budget and	531
management for payment, for each county:	532

(1)(a) That portion of the allocation of money under section	533
3306.13 of the Revised Code that is required to be paid in that	534
month to each school district located wholly within the county	535
subsequent to the deductions described in division (D)(1)(b) of	536
this section;	537

(b) The amounts deducted from such allocation under sections	538
3307.31 and 3309.51 of the Revised Code for payment directly to	539
the school employees and state teachers retirement systems under	540
such sections.	541

(2) If the district is located in more than one county, an	542
apportionment of the amounts that would otherwise be certified	543
under division (D)(1) of this section. The amounts apportioned to	544
the county shall equal the amounts certified under division (D)(1)	545
of this section times the percentage of the district's resident	546
pupils who reside both in the district and in the county, based on	547
the average daily membership reported under division (A) of	548
section 3317.03 of the Revised Code in October of the prior fiscal	549
year.	550

Sec. 3306.02.  As used in this chapter:

551

(A) "Adequacy amount" means the amount described in section	552
3306.03 of the Revised Code.	553

(B) "Building manager" means a person who supervises the	554
administrative (non-curricular, non-instructional) functions of	555
school operation so that a school principal can focus on	556
supporting instruction, providing instructional leadership, and	557
engaging teachers as part of the instructional leadership team. A	558
building manager may be, but is not required to be, a licensed	559
educator under section 3319.22 of the Revised Code.	560

(C) "Career-technical education teacher" means an education	561
professional who holds a valid license to provide specialized	562
instruction in career and technical courses.	563

(D)(1) "Category one special education ADM" means a school	564
district's formula ADM of children whose primary or only	565
identified disability is a speech and language disability, as this	566
term is defined pursuant to Chapter 3323. of the Revised Code.	567
Beginning in fiscal year 2010, for any school district for which	568
formula ADM means the number verified in the previous fiscal year,	569
the category one special education ADM also shall be as verified	570
from the previous year.	571

(2) "Category two special education ADM" means a school	572
district's formula ADM of children identified as specific learning	573
disabled or developmentally disabled, as these terms are defined	574
pursuant to Chapter 3323. of the Revised Code, or as having an	575
other health impairment-minor, as defined in this section.	576
Beginning in fiscal year 2010, for any school district for which	577
formula ADM means the number verified in the previous fiscal year,	578
the category two special education ADM also shall be as verified	579
from the previous year.	580

(3) "Category three special education ADM" means a school	581
district's formula ADM of children identified as hearing disabled	582
or severe behavior disabled, as these terms are defined pursuant	583
to Chapter 3323. of the Revised Code. Beginning in fiscal year	584
2010, for any school district for which formula ADM means the	585
number verified in the previous fiscal year, the category three	586
special education ADM also shall be as verified from the previous	587
year.	588

(4) "Category four special education ADM" means a school	589
district's formula ADM of children identified as vision impaired,	590
as this term is defined pursuant to Chapter 3323. of the Revised	591
Code, or as having an other health impairment-major, as defined in	592
this section. Beginning in fiscal year 2010, for any school	593
district for which formula ADM means the number verified in the	594
previous fiscal year, the category four special education ADM also	595
shall be as verified from the previous year.	596

(5) "Category five special education ADM" means a school	597
district's formula ADM of children identified as orthopedically	598
disabled or as having multiple disabilities, as these terms are	599
defined pursuant to Chapter 3323. of the Revised Code. Beginning	600
in fiscal year 2010, for any school district for which formula ADM	601
means the number verified in the previous fiscal year, the	602
category five special education ADM also shall be as verified from	603
the previous year.	604

(6) "Category six special education ADM" means a school	605
district's formula ADM of children identified as autistic, having	606
traumatic brain injuries, or as both visually and hearing	607
impaired, as these terms are defined pursuant to Chapter 3323. of	608
the Revised Code. Beginning in fiscal year 2010, for any school	609
district for which formula ADM means the number verified in the	610
previous fiscal year, the category six special education ADM also	611
shall be as verified from the previous year.	612

(E) "Class one effective operating tax rate" of a school	613
district means the quotient obtained by dividing the district's	614
class one taxes charged and payable for current expenses,	615
excluding taxes levied under sections 5705.194 to 5705.197,	616
5705.199, 5705.213, and 5705.219 of the Revised Code, by the	617
district's class one taxable value.	618

(F) "Core teacher" means an education professional who	619
provides instruction in English-language arts, mathematics,	620
science, social studies, or foreign languages.	621

(G) "Counselor" means a person with a valid educator license	622
issued pursuant to section 3319.22 of the Revised Code who	623
provides pre-college and career counseling, general academic	624
counseling, course planning, and other counseling services that	625
are not related to a student's individualized education plan, as	626
defined in section 3323.01 of the Revised Code.	627

(H)(1) "Formula ADM" means, for a city, local, or exempted	628
village school district, the average daily membership described in	629
division (A) of section 3317.03 of the Revised Code, as verified	630
by the superintendent of public instruction and adjusted if so	631
ordered under division (K) of that section, further adjusted by	632
the department of education, as follows:	633

(a) Count only twenty per cent of the number of joint	634
vocational school district students counted under division (A)(3)	635
of section 3317.03 of the Revised Code;	636

(b) Add twenty per cent of the number of students who are	637
entitled to attend school in the district under section 3313.64 or	638
3313.65 of the Revised Code and are enrolled in another school	639
district under a career-technical educational compact.	640

(2) In making calculations under this chapter that utilize	641
formula ADM, the department shall use the formula ADM derived from	642
the final, verified, and adjusted average daily membership	643
described under division (A) of section 3317.03 of the Revised	644
Code for the prior fiscal year, unless such average daily	645
membership for the current fiscal year exceeds that number by two	646
per cent or more. In that case, the department shall derive the	647
formula ADM from such average daily membership for the current	648
fiscal year.	649

(3) For fiscal year 2010, the department shall calculate	650
formula ADM on the basis of the final, verified, and adjusted	651
average daily membership, described in division (A) of the version	652
of section 3317.03 of the Revised Code in effect on and after the	653
effective date of this amendmentJuly 17, 2009, for October 2008	654
unless such average daily membership for October 2009 exceeds that	655
number by two per cent or more. In that case, the department shall	656
derive the formula ADM from such average daily membership for	657
October 2009.	658

(I) "Gifted coordinator" means a person who holds a valid	659
educator license issued under section 3319.22 of the Revised Code,	660
meets the qualifications for a gifted coordinator specified in the	661
operating standards for identifying and serving gifted students	662
prescribed in rules adopted by the state board of education, and	663
provides coordination services for gifted students in accordance	664
with those standards.	665

(J) "Gifted intervention specialist" means a person who holds	666
a valid gifted intervention specialist license or endorsement	667
issued under section 3319.22 of the Revised Code and serves gifted	668
students in accordance with the operating standards for	669
identifying and serving gifted students prescribed in rules	670
adopted by the state board of education.	671

(K) "Internet- or computer-based community school" has the	672
same meaning as in section 3314.02 of the Revised Code.	673

(L) "Lead teacher" means a teacher who provides mentoring and	674
coaching for new teachers. A lead teacher also assists in	675
coordinating professional development activities, in the	676
development of professional learning communities, and in common	677
planning time, and assists teachers in developing project-based,	678
real-world learning activities for their students. The lead	679
teacher position shall be a rotating position in which an	680
individual shall serve no more than three years. After lead	681
teacher licenses become available under section 3319.22 of the	682
Revised Code, only teachers who hold that license shall be	683
appointed as lead teachers. Until that time, each school district	684
shall designate qualifications for the lead teacher position that	685
are comparable to the licensing requirements, and shall give	686
preference for appointment to the position to teachers who are	687
certified by the national board for professional teaching	688
standards or who meet the qualifications for a "master teacher"	689
established by the educator standards board.	690

(M) "Limited English proficiency teacher" means a person who	691
provides instruction in English as a second language.	692

(N) "Medically fragile child" means a child to whom all of	693
the following apply:	694

(1) The child requires the services of a doctor of medicine	695
or osteopathic medicine at least once a week due to the	696
instability of the child's medical condition.	697

(2) The child requires the services of a registered nurse on	698
a daily basis.	699

(3) The child is at risk of institutionalization in a	700
hospital, skilled nursing facility, or intermediate care facility	701
for the mentally retarded.	702

(O) "Ohio educational challenge factor" means an index to	703
adjust the funding amount for each school district to account for	704
student and community socioeconomic factors affecting teacher	705
recruitment and retention, professional development, and other	706
factors related to quality instruction. The Ohio educational	707
challenge factor for each school district includes the district's	708
college attainment rate of population, wealth per pupil, and	709
concentration of poverty, and is listed in section 3306.051 of the	710
Revised Code.	711

(P) "Organizational unit" means, for the purpose of	712
calculating a school district's adequacy amount under this	713
chapter, a unit used to index a school district's formula ADM in	714
certain grade levels. Calculating the number of organizational	715
units in a school district functions to allocate the state's	716
resources in a manner that achieves a thorough, efficient, and	717
adequate educational system that provides the appropriate services	718
to students enrolled in that district. In recognition of the fact	719
that students have different educational needs at each	720
developmental stage, organizational units group the grade levels	721
into elementary school units, middle school units, and high school	722
units. Except as provided in division (C) of section 3306.04 of	723
the Revised Code, a school district's "organizational units" is	724
the sum of its elementary school units, middle school units, and	725
high school units.	726

(Q) A child may be identified as having an "other health	727
impairment-major" if the child's condition meets the definition of	728
"other health impaired" established in rules adopted by the state	729
board of education prior to July 1, 2001, and if either of the	730
following applyapplies:	731

(1) The child is identified as having a medical condition	732
that is among those listed by the superintendent of public	733
instruction as conditions where a substantial majority of cases	734
fall within the definition of "medically fragile child."	735

(2) The child is determined by the superintendent of public	736
instruction to be a medically fragile child. A school district may	737
petition the superintendent of public instruction for a	738
determination that a child is a medically fragile child.	739

(R) A child may be identified as having an "other health	740
impairment-minor" if the child's condition meets the definition of	741
"other health impaired" established in rules adopted by the state	742
board of education prior to July 1, 2001, but the child's	743
condition does not meet either of the conditions specified in	744
division (Q)(1) or (2) of this section.	745

(S) "Potential value" of a school district means:

746

(1) For a district with a class one effective operating rate	747
that is less than twenty and one-tenth effective mills, the sum of	748
its total taxable value plus its tax exempt value;	749

(2) For a district with a class one effective operating rate	750
that is greater than or equal to twenty and one-tenth effective	751
mills, the sum of its recognized valuation plus its tax exempt	752
value.	753

(T) "Principal" means a person who provides management	754
oversight of building operations, academic leadership for the	755
teaching professionals, and other administrative duties.	756

(U) "Property exemption value" means the amount certified for	757
a school district under divisions (A)(6) and (7) of section	758
3317.021 of the Revised Code.	759

(V) "Recognized valuation" means the amount calculated for a	760
school district pursuant to section 3317.015 of the Revised Code.	761

(W) "School nurse wellness coordinator" means a person who	762
has fulfilled the requirements for the issuance of a school nurse	763
wellness coordinator license under section 3319.221 of the Revised	764
Code.	765

(X) "Small school district" means a city, local, or exempted	766
village school district that has a formula ADM of less than four	767
hundred eighteen students in grades kindergarten through twelve.	768

(Y) "Special education" has the same meaning as in section	769
3323.01 of the Revised Code.	770

(Z) "Special education teacher" means a teacher who holds the	771
necessary license issued pursuant to section 3319.22 of the	772
Revised Code to meet the unique needs of children with	773
disabilities.	774

(AA) "Special education teacher's aide" means a person	775
providing support for special education teachers and other	776
associated duties.	777

(BB) "Specialist teacher" means a person holding a valid	778
educator's license, issued pursuant to section 3319.22 of the	779
Revised Code, who provides instruction in dance, drama and	780
theater, music, visual art, or physical education.	781

(CC) "State share percentage" means the quotient of a school	782
district's state share of the adequacy amount determined under	783
section 3306.13 of the Revised Code divided by the total adequacy	784
amount for the district as described in section 3306.03 of the	785
Revised Code. If the quotient is a negative number, the district's	786
state share percentage is zero.	787

(DD) "Family and community liaisons" means individuals who	788
provide assistance to students and their families, individuals who	789
are linkage coordinators as described in section 3306.31 of the	790
Revised Code, and may include individuals who hold valid licenses	791
as family liaisons, social workers, and student advocates.	792

(EE) "Supplemental teacher" means a person holding a valid	793
educator license issued pursuant to section 3319.22 of the Revised	794
Code, or qualified to secure such a license and approved by the	795
school district to provide remedial services, intensive	796
subject-based instruction, homework help, or other forms of	797
supplemental instruction.	798

(FF) "Targeted poverty indicator" means the percentage of a	799
school district's students who are economically disadvantaged, as	800
determined for purposes of the report card issued under section	801
3302.03 of the Revised Code.	802

(GG) "Tax exempt value" of a school district means the amount	803
certified for a school district under division (A)(4) of section	804
3317.021 of the Revised Code.	805

(HH) "Total taxable value" means the sum of the amounts	806
certified for a school district under divisions (A)(1) and (2) of	807
section 3317.021 of the Revised Code.	808

Sec. 3306.05.  (A) The instructional services support	809
component of the adequacy amount for each city, local, and	810
exempted village school district is the sum of the following:	811

(1) The core teacher factor;

812

(2) The specialist teacher factor;

813

(3) The lead teacher factor;

814

(4) The special education teacher factor;

815

(5) The special education teacher's aide factor;

816

(6) The limited English proficiency teacher factor;

817

(7) The supplemental teacher factor.

818

(B) Each factor listed in division (A) of this section shall	819
be calculated by multiplying the Ohio educational challenge	820
factor, specified for the district in section 3306.051 of the	821
Revised Code, times the statewide base teacher salary of $56,902	822
in fiscal year 2010 and $57,812 in fiscal year 2011, times the	823
number of positions funded, as follows:	824

(1) The number of core teacher positions funded shall be	825
calculated by dividing the district's formula ADM in grades four	826
to twelve by twenty-five, and then adding that number to the	827
quotient of the district's formula ADM in grades kindergarten to	828
three divided by the following:	829

(a) In fiscal years 2010 and 2011, nineteen;

830

(b) In fiscal years 2012 and 2013, seventeen;

831

(c) In fiscal year 2014 and in each fiscal year thereafter,	832
fifteen.	833

(2) The number of specialist teacher positions funded shall	834
be calculated by multiplying the number of core teacher positions	835
determined under division (B)(1) of this section for grades	836
kindergarten to eight by one-fifth, and by multiplying the number	837
of core teacher positions determined for grades nine to twelve by	838
one-fourth.	839

(3) The number of lead teacher positions funded shall equal	840
the number of the district's organizational units.	841

(4) The number of special education teacher positions and	842
special education teacher's aide positions funded shall be	843
calculated as provided in section 3306.11 of the Revised Code.	844

(5) The number of limited English proficiency teacher	845
positions funded shall be calculated by multiplying the district's	846
formula ADM times the district's percentage of limited English	847
proficient students, as defined in 20 U.S.C. 7801, and then	848
dividing that product by one hundred;	849

(6) The number of supplemental teacher positions funded shall	850
be calculated by multiplying the district's formula ADM times its	851
targeted poverty indicator, and then dividing that product by one	852
hundred.	853

(C) Each school district shall account separately for	854
expenditures of the amounts received for instructional services	855
support under this section and report that information to the	856
department of education.	857

Sec. 3306.06.  (A) The additional services support component	858
of the adequacy amount for each city, local, and exempted village	859
school district is the sum of the following:	860

(1) The family and community liaison factor;

861

(2) The counselor factor;

862

(3) The summer remediation factor;

863

(4) The school nurse wellness coordinator factor;

864

(5) The district health professional factor.

865

(B)(1) The family and community liaison factor shall be	866
calculated by multiplying the school district's formula ADM times	867
its targeted poverty indicator and dividing the product by	868
seventy-five, and then multiplying the quotient by the product of	869
the applicable Ohio educational challenge factor times $38,633, in	870
fiscal year 2010, and times $39,381, in fiscal year 2011.	871

(2) The counselor factor shall be calculated by dividing the	872
district's formula ADM for grades six to twelve by two hundred	873
fifty, and then multiplying the quotient by a dollar amount for	874
each fiscal year established by law. No counselor factor shall be	875
calculated and paid for fiscal years 2010 and 2011.	876

(3) The summer remediation program factor shall be calculated	877
by multiplying the district's formula ADM times its targeted	878
poverty indicator times fifty per cent, which represents the	879
anticipated participation rate, dividing that product by thirty,	880
which is the assumed student-to-teacher ratio for summer	881
remediation, and multiplying that quotient by the product of	882
$3,000 times the applicable Ohio educational challenge factor.	883

(4) The school nurse wellness coordinator factor shall be	884
calculated by multiplying the number of the district's	885
organizational units times a dollar amount for each fiscal year	886
established by law, except that in a small school district, the	887
school nurse wellness coordinator factor shall be zero. No school	888
nurse wellness coordinator factor shall be calculated and paid for	889
fiscal years 2010 and 2011.	890

(5) The district health professional factor for each district	891
equals a dollar amount specified by law for each fiscal year. No	892
district health professional factor shall be calculated and paid	893
for fiscal years 2010 and 2011.	894

(C) In adopting expenditure and reporting standards under	895
section 3306.25 of the Revised Code, the superintendent of public	896
instruction shall include standards that encourage school	897
districts to give preference to employing or obtaining the	898
services of licensed school nurses with funds received for the	899
school nurse wellness coordinator factor and the district health	900
professional factor.	901

(D) Each school district shall account separately for	902
expenditures of the amounts received for additional services	903
support under this section and report that information to the	904
department of education.	905

Sec. 3306.07.  (A) The administrative services support	906
component of the adequacy amount for each city, local, and	907
exempted village school district is the sum of the following:	908

(1) The district administration factor;

909

(2) The principal factor;

910

(3) The administrative support personnel factor;

911

(B)(1) The district administration factor equals $187,176 in	912
fiscal year 2010 and $190,801 in fiscal year 2011.	913

(2) The principal factor shall be calculated by multiplying	914
the number of the district's organizational units times $89,563 in	915
fiscal year 2010 and $91,297 in fiscal year 2011. However, each	916
type 1 or type 2 school district shall receive for a principal	917
factor an amount not less than the applicable dollar amount	918
specified in this paragraph times the number of school buildings	919
in the district for which the department of education issued a	920
report card under section 3302.03 of the Revised Code for the	921
prior school year. As used in this division, "type 1 school	922
district" means a school district characterized as a type 1	923
(rural/agricultural, high poverty, low median income) district,	924
and "type 2 school district" means a school district characterized	925
as a type 2 (rural/agricultural, small student population, low	926
poverty, low to moderate median income), in the typology of	927
districts published by the department in July 2007.	928

(3) The administrative support personnel factor is funding	929
determined for building managers, secretaries, and	930
noninstructional aides.	931

(a) The funding for building managers shall be calculated by	932
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	933
2011 times the number of the district's organizational units.	934

(b) The funding for secretaries shall be calculated by	935
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	936
2011 times the number of the district's organizational units,	937
where two additional secretaries shall be funded for each high	938
school organizational unit.	939

(c) The funding for noninstructional aides shall be a dollar	940
amount set by law for each fiscal year times the number of the	941
district's organizational units, where the organizational units	942
are multiplied by two in the case of elementary school and middle	943
school organizational units and by three in case of high school	944
organizational units.	945

However, each small school district shall receive funding for	946
one building manager, one secretary, and one noninstructional	947
aide. Every other city, local, and exempted village school	948
district shall receive funding for at least one building manager,	949
one secretary, and one noninstructional aide.	950

No funding shall be calculated and paid for noninstructional	951
aides for fiscal years 2010 and 2011.	952

(C) Each school district shall account separately for the	953
amounts received for administrative services support under this	954
section and report that information to the department of	955
education.	956

Sec. 3306.08. (A) The operations and maintenance support	957
component of the adequacy amount for each city, local, and	958
exempted village school district shall be calculated by	959
multiplying the district's formula ADM times $884.	960

(B) The operations and maintenance support for each city,	961
local, and exempted village school district shall be adjusted by	962
multiplying the calculated amount by 0.45 in fiscal years 2010 and	963
2011, and by 0.75 in fiscal years 2012 and 2013.	964

(C) Each school district shall account separately for	965
expenditures of the amounts received for operations and	966
maintenance support under this section and report that information	967
to the department of education.	968

Sec. 3306.09.  (A) The gifted education support component of	969
the adequacy amount for each city, local, and exempted village	970
school district is the sum of the following:	971

(1) The gifted identification factor;

972

(2) The gifted coordinator factor;

973

(3) The gifted intervention specialist factor;

974

(4) The gifted intervention specialist professional	975
development factor.	976

(B)(1) The gifted identification factor shall be calculated	977
by multiplying the district's formula ADM times $5.	978

(2) The gifted coordinator factor shall be calculated by	979
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year	980
2011 times the quotient of the district's formula ADM divided by	981
two thousand five hundred.	982

(3) The gifted intervention specialist factor shall be	983
calculated by multiplying the number of the district's	984
organizational units times the Ohio educational challenge factor	985
specified for the district in section 3306.051 of the Revised Code	986
times the statewide base teacher salary specified in section	987
3306.05 of the Revised Code.	988

(4) The gifted intervention specialist professional	989
development factor shall be calculated by multiplying the number	990
of the district's organizational units times the	991
per-teaching-position dollar amount specified for the professional	992
development factor in division (A)(7) of section 3306.03 of the	993
Revised Code.	994

(C) The gifted intervention specialist factor and the gifted	995
intervention specialist professional development factor for each	996
city, local, and exempted village school district, shall be	997
adjusted by multiplying the calculated amount by 0.20 in fiscal	998
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years	999
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80	1000
in fiscal years 2016 and 2017.	1001

(D) A school district that does not submit an annual report	1002
under section 3324.05 of the Revised Code, or that reports zero	1003
students identified as gifted, shall receive zero funding for the	1004
gifted coordinator factor, the gifted intervention specialist	1005
factor, and the gifted intervention specialist professional	1006
development factor.	1007

(E) Each school district shall expend the funds calculated	1008
under the gifted education support component in accordance with	1009
rules adopted under section 3306.25 of the Revised Codeby the	1010
state board of education. Those rules shall require that such	1011
funds be spent only for the employment of staff to serve students	1012
identified as gifted, in accordance with Chapter 3324. of the	1013
Revised Code, or for other services to such students. The rules	1014
shall be aligned with the operating standards for identifying and	1015
serving gifted students prescribed in rules adopted by the state	1016
board of education. Notwithstanding anything to the contrary in	1017
section 3306.25 of the Revised Code, theThe rules regarding the	1018
expenditure and reporting of funds for the gifted education	1019
support component adopted under thatthis section shall take	1020
effect July 1, 20112013.	1021

Subject to approval by the department of education, a school	1022
district may use up to fifteen per cent of the portion of the	1023
gifted intervention specialist factor attributable to the grade	1024
six through twelve formula ADM to support access to services	1025
provided by the district that are not services described in	1026
Chapter 3324. of the Revised Code but are specified in gifted	1027
students' written education plans prepared in accordance with the	1028
state board's operating standards for identifying and serving	1029
gifted students.	1030

(F) Each school district shall account separately for	1031
expenditures of the amounts received for gifted identification,	1032
gifted coordinators, gifted intervention specialists, and gifted	1033
intervention specialist professional development under this	1034
section and report that information to the department of	1035
education.	1036

(G)(1) Each city, local, and exempted village school district	1037
that received for fiscal year 2009 unit funding for staff to	1038
provide gifted student services under division (L) of section	1039
3317.024 and division (E) of section 3317.05 of the Revised Code,	1040
as those sections existed for that fiscal year, shall spend in	1041
each fiscal year thereafter for staff to provide services to	1042
identified gifted students from the funds received under this	1043
chapter an amount not less than the aggregate amount received for	1044
such gifted unit funding for fiscal year 2009.	1045

(2) Each city, local, and exempted village school district	1046
that, in fiscal year 2009, received gifted student services from	1047
staff employed for that purpose by an educational service center,	1048
which service center received for fiscal year 2009 unit funding	1049
for gifted student services, shall in each fiscal year thereafter	1050
do either of the following:	1051

(a) Obtain staff to provide gifted student services from an	1052
educational service center that are comparable to the gifted	1053
student staff services provided to the district with gifted unit	1054
funding in fiscal year 2009 by an educational service center;	1055

(b) Spend for staff to provide services to identified gifted	1056
students from the funds received under this chapter an amount not	1057
less than the amount of gifted unit funding expended by an	1058
educational service center in fiscal year 2009 for the district's	1059
students.	1060

(3) No district to which division (G)(1) or (2) of this	1061
section applies shall apply for or receive a waiver under section	1062
3306.40 of the Revised Code from the spending requirements	1063
prescribed in those divisions or under division (E) of this	1064
section.	1065

(4) Each educational service center that received for fiscal	1066
year 2009 unit funding for staff to provide gifted student	1067
services shall spend from its state funds in each fiscal year	1068
thereafter for staff to provide services to identified gifted	1069
students an amount not less than the aggregate amount received for	1070
gifted unit funding for fiscal year 2009. No educational service	1071
center to which division (G)(4) of this section shall receive any	1072
waiver of this requirement.	1073

(H) A city, local, or exempted village school district that	1074
did not receive for fiscal year 2009 unit funding for gifted	1075
student services under division (L) of section 3317.024 and	1076
division (E) of section 3317.05 of the Revised Code, as those	1077
sections existed for that fiscal year, may apply to the	1078
superintendent of public instruction for a waiver under section	1079
3306.40 of the Revised Code from any expenditure requirements	1080
prescribed under division (E) of this section. Notwithstanding	1081
anything to the contrary in section 3306.40 of the Revised Code,	1082
theThe first waiver granted to a district pursuant to this	1083
division shall not be effective for longer than two years, and	1084
any. A district may receive one subsequent renewal of that waiver,	1085
which shall not be effective for longer than one year.	1086

(I) Each school district and educational center shall account	1087
for the funds spent under division (G) of this section and report	1088
that information to the department. The operating standards for	1089
identifying and serving gifted students shall apply to the staff	1090
funded under this section. The department shall monitor and	1091
enforce compliance with the spending requirements in division (G)	1092
of this section.	1093

Sec. 3306.091.  (A) The enrichment support component of the	1094
adequacy amount for each city, local, and exempted village school	1095
district shall be calculated by multiplying the district's formula	1096
ADM times $100 times the Ohio educational challenge factor.	1097

(B) The enrichment support for each city, local, and exempted	1098
village school district shall be adjusted by multiplying the	1099
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	1100
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	1101
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	1102
2017.	1103

(C) The enrichment support component shall be used for	1104
purposes other than services for students identified as gifted	1105
delivered in accordance with Chapter 3324. of the Revised Code. A	1106
district may spend the enrichment support component to pay for	1107
enrichment activities that may encourage the intellectual and	1108
creative pursuits of all students, including the fine arts.	1109

(D) Each school district shall account separately for	1110
expenditures of the amounts received for enrichment support under	1111
this section and report that information to the department of	1112
education.	1113

Sec. 3306.10. (A) The technology resources support component	1114
of the adequacy amount for each city, local, and exempted village	1115
school district is the sum of the following:	1116

(1) The licensed librarian and media specialist factor;

1117

(2) The technical equipment factor.

1118

(B)(1) The licensed librarian and media specialist factor	1119
shall be calculated by multiplying the number of the district's	1120
organizational units times $60,000.	1121

(2) The technical equipment factor shall be calculated by	1122
multiplying the district's formula ADM times $250.	1123

(C) The licensed librarian and media specialist factor and	1124
the technical equipment factor for each city, local, and exempted	1125
village school district shall be adjusted by multiplying the	1126
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal	1127
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	1128
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	1129
2017.	1130

(D) Each school district shall account separately for the	1131
amounts received for technology resources support under this	1132
section and report that information to the department of	1133
education.	1134

Sec. 3315.18.  (A) The board of education of each city,	1135
exempted village, local, and joint vocational school district	1136
shall establish a capital and maintenance fund. Each board	1137
annually shall deposit into that fund an amount derived from	1138
revenues received by the district that would otherwise have been	1139
deposited in the general fund that is equal to three per cent of	1140
the formula amount for the preceding fiscal year, as defined in	1141
section 3317.02 of the Revised Code, or another percentage if	1142
established by the auditor of state under division (B) of this	1143
section, multiplied by the district's student population for the	1144
preceding fiscal year, except that money received from a permanent	1145
improvement levy authorized by section 5705.21 of the Revised Code	1146
may replace general revenue moneys in meeting the requirements of	1147
this section. Money in the fund shall be used solely for	1148
acquisition, replacement, enhancement, maintenance, or repair of	1149
permanent improvements, as that term is defined in section 5705.01	1150
of the Revised Code. Any money in the fund that is not used in any	1151
fiscal year shall carry forward to the next fiscal year.	1152

(B) The state superintendent of public instruction and the	1153
auditor of state jointly shall adopt rules in accordance with	1154
Chapter 119. of the Revised Code defining what constitutes	1155
expenditures permitted by division (A) of this section. The	1156
auditor of state may designate a percentage, other than three per	1157
cent, of the formula amount multiplied by the district's student	1158
population that must be deposited into the fund.	1159

(C) Within its capital and maintenance fund, a school	1160
district board of education may establish a separate account	1161
solely for the purpose of depositing funds transferred from the	1162
district's reserve balance account established under former	1163
division (H) of section 5705.29 of the Revised Code. After April	1164
10, 2001, a board may deposit all or part of the funds formerly	1165
included in such reserve balance account in the separate account	1166
established under this section. Funds deposited in this separate	1167
account and interest on such funds shall be utilized solely for	1168
the purpose of providing the district's portion of the basic	1169
project costs of any project undertaken in accordance with Chapter	1170
3318. of the Revised Code.	1171

(D)(1) Notwithstanding division (A) of this section, in any	1172
year a district is in fiscal emergency status as declared pursuant	1173
to section 3316.03 of the Revised Code, the district may deposit	1174
an amount less than required by division (A) of this section, or	1175
make no deposit, into the district capital and maintenance fund	1176
for that year.	1177

(2) Notwithstanding division (A) of this section, in any	1178
fiscal year that a school district is either in fiscal watch	1179
status, as declared pursuant to section 3316.03 of the Revised	1180
Code, or in fiscal caution status, as declared pursuant to section	1181
3316.031 of the Revised Code, the district may apply to the	1182
superintendent of public instruction for a waiver from the	1183
requirements of division (A) of this section, under which the	1184
district may be permitted to deposit an amount less than required	1185
by that division or permitted to make no deposit into the district	1186
capital and maintenance fund for that year. The superintendent may	1187
grant a waiver under division (D)(2) of this section if the	1188
district demonstrates to the satisfaction of the superintendent	1189
that compliance with division (A) of this section that year will	1190
create an undue financial hardship on the district.	1191

(3) Notwithstanding division (A) of this section, not more	1192
often than one fiscal year in every three consecutive fiscal	1193
years, any school district that does not satisfy the conditions	1194
for the exemption described in division (D)(1) of this section or	1195
the conditions to apply for the waiver described in division	1196
(D)(2) of this section may apply to the superintendent of public	1197
instruction for a waiver from the requirements of division (A) of	1198
this section, under which the district may be permitted to deposit	1199
an amount less than required by that division or permitted to make	1200
no deposit into the district capital and maintenance fund for that	1201
year. The superintendent may grant a waiver under division (D)(3)	1202
of this section if the district demonstrates to the satisfaction	1203
of the superintendent that compliance with division (A) of this	1204
section that year will necessitate the reduction or elimination of	1205
a program currently offered by the district that is critical to	1206
the academic success of students of the district and that no	1207
reasonable alternatives exist for spending reductions in other	1208
areas of operation within the district that negate the necessity	1209
of the reduction or elimination of that program.	1210

(E) Notwithstanding any provision to the contrary in Chapter	1211
4117. of the Revised Code, the requirements of this section	1212
prevail over any conflicting provisions of agreements between	1213
employee organizations and public employers entered into after	1214
November 21, 1997.	1215

(F) As used in this section, "student population" means the	1216
average, daily, full-time equivalent number of students in	1217
kindergarten through twelfth grade receiving any educational	1218
services from the school district during the first full school	1219
week in October, excluding students enrolled in adult education	1220
classes, but including all of the following:	1221

(1) Adjacent or other district students enrolled in the	1222
district under an open enrollment policy pursuant to section	1223
3313.98 of the Revised Code;	1224

(2) Students receiving services in the district pursuant to a	1225
compact, cooperative education agreement, or a contract, but who	1226
are entitled to attend school in another district pursuant to	1227
section 3313.64 or 3313.65 of the Revised Code;	1228

(3) Students for whom tuition is payable pursuant to sections	1229
3317.081 and 3323.141 of the Revised Code.	1230

The department of education shall determine a district's	1231
student population using data reported to it under section 3317.03	1232
of the Revised Code for the applicable fiscal year.	1233

Sec. 3315.19.  Notwithstanding the provisions of sections	1234
3315.17 andsection 3315.18 of the Revised Code as they existit	1235
exists after the effective date of this sectionJuly 1, 2001, the	1236
board of education of any school district annually may elect to	1237
set aside funds for textbooks and instructional materials or for	1238
capital and maintenance in accordance with the provisions of those	1239
sectionsthat section as theyit existed prior to the effective	1240
date of this sectionJuly 1, 2001, and the rules adopted under	1241
those sectionsthat section. Any district board making such an	1242
election under this section shall notify the auditor of state	1243
within ninety days after the beginning of the fiscal year whether	1244
the district intends to comply with the provisions of one or both	1245
former sectionssection 3315.18 of the Revised Code. A school	1246
district making an election under this section shall not be	1247
required to comply, during the fiscal year of the election, with	1248
the provisions of the applicable sectionssection 3315.18 of the	1249
Revised Code as they existit exists after the effective date of	1250
this sectionJuly 1, 2001.	1251

Sec. 3316.06.  (A) Within one hundred twenty days after the	1252
first meeting of a school district financial planning and	1253
supervision commission, the commission shall adopt a financial	1254
recovery plan regarding the school district for which the	1255
commission was created. During the formulation of the plan, the	1256
commission shall seek appropriate input from the school district	1257
board and from the community. This plan shall contain the	1258
following:	1259

(1) Actions to be taken to:

1260

(a) Eliminate all fiscal emergency conditions declared to	1261
exist pursuant to division (B) of section 3316.03 of the Revised	1262
Code;	1263

(b) Satisfy any judgments, past-due accounts payable, and all	1264
past-due and payable payroll and fringe benefits;	1265

(c) Eliminate the deficits in all deficit funds, except that	1266
any prior year deficits in the textbook and instructional	1267
materials fund established pursuant to section 3315.17 of the	1268
Revised Code and the capital and maintenance fund established	1269
pursuant to section 3315.18 of the Revised Code shall be forgiven;	1270

(d) Restore to special funds any moneys from such funds that	1271
were used for purposes not within the purposes of such funds, or	1272
borrowed from such funds by the purchase of debt obligations of	1273
the school district with the moneys of such funds, or missing from	1274
the special funds and not accounted for, if any;	1275

(e) Balance the budget, avoid future deficits in any funds,	1276
and maintain on a current basis payments of payroll, fringe	1277
benefits, and all accounts;	1278

(f) Avoid any fiscal emergency condition in the future;

1279

(g) Restore the ability of the school district to market	1280
long-term general obligation bonds under provisions of law	1281
applicable to school districts generally.	1282

(2) The management structure that will enable the school	1283
district to take the actions enumerated in division (A)(1) of this	1284
section. The plan shall specify the level of fiscal and management	1285
control that the commission will exercise within the school	1286
district during the period of fiscal emergency, and shall	1287
enumerate respectively, the powers and duties of the commission	1288
and the powers and duties of the school board during that period.	1289
The commission may elect to assume any of the powers and duties of	1290
the school board it considers necessary, including all powers	1291
related to personnel, curriculum, and legal issues in order to	1292
successfully implement the actions described in division (A)(1) of	1293
this section.	1294

(3) The target dates for the commencement, progress upon, and	1295
completion of the actions enumerated in division (A)(1) of this	1296
section and a reasonable period of time expected to be required to	1297
implement the plan. The commission shall prepare a reasonable time	1298
schedule for progress toward and achievement of the requirements	1299
for the plan, and the plan shall be consistent with that time	1300
schedule.	1301

(4) The amount and purpose of any issue of debt obligations	1302
that will be issued, together with assurances that any such debt	1303
obligations that will be issued will not exceed debt limits	1304
supported by appropriate certifications by the fiscal officer of	1305
the school district and the county auditor. Debt obligations	1306
issued pursuant to section 133.301 of the Revised Code shall	1307
include assurances that such debt shall be in an amount not to	1308
exceed the amount certified under division (B) of such section. If	1309
the commission considers it necessary in order to maintain or	1310
improve educational opportunities of pupils in the school	1311
district, the plan may include a proposal to restructure or	1312
refinance outstanding debt obligations incurred by the board under	1313
section 3313.483 of the Revised Code contingent upon the approval,	1314
during the period of the fiscal emergency, by district voters of a	1315
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	1316
5748.02, or 5748.08 of the Revised Code that is not a renewal or	1317
replacement levy, or a levy under section 5705.199 of the Revised	1318
Code, and that will provide new operating revenue. Notwithstanding	1319
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	1320
the Revised Code, following the required approval of the district	1321
voters and with the approval of the commission, the school	1322
district may issue securities to evidence the restructuring or	1323
refinancing. Those securities may extend the original period for	1324
repayment, not to exceed ten years, and may alter the frequency	1325
and amount of repayments, interest or other financing charges, and	1326
other terms of agreements under which the debt originally was	1327
contracted, at the discretion of the commission, provided that any	1328
loans received pursuant to section 3313.483 of the Revised Code	1329
shall be paid from funds the district would otherwise receive	1330
under Chapter 3306. of the Revised Code, as required under	1331
division (E)(3) of section 3313.483 of the Revised Code. The	1332
securities issued for the purpose of restructuring or refinancing	1333
the debt shall be repaid in equal payments and at equal intervals	1334
over the term of the debt and are not eligible to be included in	1335
any subsequent proposal for the purpose of restructuring or	1336
refinancing debt under this section.	1337

(B) Any financial recovery plan may be amended subsequent to	1338
its adoption. Each financial recovery plan shall be updated	1339
annually.	1340

(C) Each school district financial planning and supervision	1341
commission shall submit the financial recovery plan it adopts or	1342
updates under this section to the state superintendent of public	1343
instruction for approval immediately following its adoption or	1344
updating. The state superintendent shall evaluate the plan and	1345
either approve or disapprove it within thirty calendar days from	1346
the date of its submission. If the plan is disapproved, the state	1347
superintendent shall recommend modifications that will render it	1348
acceptable. No financial planning and supervision commission shall	1349
implement a financial recovery plan that is adopted or updated on	1350
or after April 10, 2001, unless the state superintendent has	1351
approved it.	1352

Sec. 3316.16.  (A) A school district financial planning and	1353
supervision commission, with respect to its functions under this	1354
chapter, shall continue in existence until such time as a	1355
determination is made under division (B) of this section that all	1356
of the following have occurred:	1357

(1) An effective financial accounting and reporting system in	1358
accordance with section 3316.10 of the Revised Code is in the	1359
process of being implemented, and it is reasonably expected that	1360
this implementation will be completed within two years.	1361

(2) All of the fiscal emergency conditions determined	1362
pursuant to division (B) of section 3316.03 of the Revised Code	1363
have been corrected or eliminated, and no new fiscal emergency	1364
conditions have occurred.	1365

(3) The objectives of the financial recovery plan described	1366
in section 3316.06 of the Revised Code are being met.	1367

(4) The school district board has prepared a financial	1368
forecast for a five-year period in accordance with the standards	1369
issued by the auditor of state and an opinion has been rendered by	1370
the auditor of state that the financial forecast is considered to	1371
be nonadverse. The forecast shall display the district's projected	1372
compliance with sections 3315.17 andsection 3315.18 of the	1373
Revised Code beginning in the year the commission is proposed for	1374
termination.	1375

(B) The determination that all conditions listed in division	1376
(A) of this section for the termination of the existence of the	1377
commission and its functions exist may be made either by the	1378
auditor of state or by the commission and shall be certified to	1379
the commission, the auditor of state, the governor, the director	1380
of budget and management, and the budget commission, whereupon	1381
such commission and its functions under this chapter shall	1382
terminate. This determination shall be made by the auditor of	1383
state upon the filing with the auditor of state of a written	1384
request for such a determination by the school district board, the	1385
governor, or the commission, or may be made by the auditor of	1386
state upon the auditor of state's own initiative.	1387

(C) The commission shall prepare and submit at the time of	1388
such certification a final report of its activities, in such form	1389
as is appropriate for the purpose of providing a record of its	1390
activities and assisting other commissions created under this	1391
chapter in the conduct of their functions. All of the books and	1392
records of the commission shall be delivered to the auditor of	1393
state for retention and safekeeping.	1394

(D) Upon receipt of the certification provided for in	1395
division (B) of this section, the director of budget and	1396
management shall follow the procedures set forth in section 126.29	1397
of the Revised Code.	1398

(E) If, at the time of termination of the commission, an	1399
effective financial accounting and reporting system has not been	1400
fully implemented, the auditor of state shall monitor the progress	1401
of implementation and shall exercise authority under this section	1402
and Chapter 117. of the Revised Code to secure full implementation	1403
at the earliest time feasible but within two years after such	1404
termination.	1405

Sec. 3317.018. (A) The department of education shall make no	1406
calculations or payments under Chapter 3317. of the Revised Code	1407
for any fiscal year except as prescribed in this section.	1408

(B) School districts shall report student enrollment data as	1409
prescribed by section 3317.03 of the Revised Code, which data the	1410
department shall use to make payments under Chapters 3306. and	1411
3317. of the Revised Code.	1412

(C) The tax commissioner shall report data regarding tax	1413
valuation and receipts for school districts as prescribed by	1414
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	1415
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	1416
section 3317.02 of the Revised Code, which data the department	1417
shall use to make payments under Chapters 3306. and 3317. of the	1418
Revised Code.	1419

(D) Unless otherwise specified by another provision of law,	1420
in addition to the payments prescribed by Chapter 3306. of the	1421
Revised Code, the department shall continue to make payments to or	1422
adjustments for school districts in fiscal years after fiscal year	1423
2009 under the following provisions of Chapter 3317. of the	1424
Revised Code:	1425

(1) The catastrophic cost reimbursement under division (C)(3)	1426
of section 3317.022 of the Revised Code. No other payments shall	1427
be made under that section.	1428

(2) All payments or adjustments under section 3317.023 of the	1429
Revised Code, except no payments or adjustments shall be made	1430
under divisions (B), (C), and (D) of that section.	1431

(3) All payments or adjustments under section 3317.024 of the	1432
Revised Code, except no payments or adjustments shall be made	1433
under divisions (F), (L), and (N) of that section for fiscal years	1434
after fiscal year 2009 or under division (L) of that section for	1435
fiscal years 2010 and 2011.	1436

(4) All payments and adjustments under sections 3317.025,	1437
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	1438
Revised Code;	1439

(5) Payments under section 3317.04 of the Revised Code;

1440

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	1441
and 3317.053 of the Revised Code, except that no units for gifted	1442
funding are authorized after fiscal year 2009for fiscal years	1443
2010 and 2011.	1444

(7) Payments under sections 3317.06, 3317.063, and 3317.064	1445
of the Revised Code;	1446

(8) Payments under section 3317.07 of the Revised Code;

1447

(9) Payments to educational service centers under section	1448
3317.11 of the Revised Code;	1449

(10) The catastrophic cost reimbursement under division (E)	1450
of section 3317.16 of the Revised Code and excess cost	1451
reimbursements under division (G) of that section. No other	1452
payments shall be made under that section;	1453

(11) Payments under section 3317.17 of the Revised Code;

1454

(12) Adjustments under section 3317.18 of the Revised Code;

1455

(13) Payments to cooperative education school districts under	1456
section 3317.19 of the Revised Code;	1457

(14) Payments to county MR/DD boards under section 3317.20 of	1458
the Revised Code;	1459

(15) Payments to state institutions for weighted special	1460
education funding under section 3317.201 of the Revised Code.	1461

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	1462
years after fiscal year 2009.	1463

(F) This section does not affect the provisions of sections	1464
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	1465
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,	1466
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	1467
Code.	1468

Sec. 3317.024.  The following shall be distributed monthly,	1469
quarterly, or annually as may be determined by the state board of	1470
education, except that the department of education shall not make	1471
payments under divisions (F), (L), and (N) of this section for any	1472
fiscal year after fiscal year 2009 or under division (L) of this	1473
section for fiscal year 2010 or 2011:	1474

(A) An amount for each island school district and each joint	1475
state school district for the operation of each high school and	1476
each elementary school maintained within such district and for	1477
capital improvements for such schools. Such amounts shall be	1478
determined on the basis of standards adopted by the state board of	1479
education.	1480

(B) An amount for each school district operating classes for	1481
children of migrant workers who are unable to be in attendance in	1482
an Ohio school during the entire regular school year. The amounts	1483
shall be determined on the basis of standards adopted by the state	1484
board of education, except that payment shall be made only for	1485
subjects regularly offered by the school district providing the	1486
classes.	1487

(C) An amount for each school district with guidance,	1488
testing, and counseling programs approved by the state board of	1489
education. The amount shall be determined on the basis of	1490
standards adopted by the state board of education.	1491

(D) An amount for the emergency purchase of school buses as	1492
provided for in section 3317.07 of the Revised Code;	1493

(E) An amount for each school district required to pay	1494
tuition for a child in an institution maintained by the department	1495
of youth services pursuant to section 3317.082 of the Revised	1496
Code, provided the child was not included in the calculation of	1497
the district's average daily membership for the preceding school	1498
year.	1499

(F) An amount for adult basic literacy education for each	1500
district participating in programs approved by the state board of	1501
education. The amount shall be determined on the basis of	1502
standards adopted by the state board of education.	1503

(G) An amount for the approved cost of transporting eligible	1504
pupils with disabilities attending a special education program	1505
approved by the department of education whom it is impossible or	1506
impractical to transport by regular school bus in the course of	1507
regular route transportation provided by the district or service	1508
center. No district or service center is eligible to receive a	1509
payment under this division for the cost of transporting any pupil	1510
whom it transports by regular school bus and who is included in	1511
the district's transportation ADM. The state board of education	1512
shall establish standards and guidelines for use by the department	1513
of education in determining the approved cost of such	1514
transportation for each district or service center.	1515

(H) An amount to each school district, including each	1516
cooperative education school district, pursuant to section 3313.81	1517
of the Revised Code to assist in providing free lunches to needy	1518
children and an amount to assist needy school districts in	1519
purchasing necessary equipment for food preparation. The amounts	1520
shall be determined on the basis of rules adopted by the state	1521
board of education.	1522

(I) An amount to each school district, for each pupil	1523
attending a chartered nonpublic elementary or high school within	1524
the district. The amount shall equal the amount appropriated for	1525
the implementation of section 3317.06 of the Revised Code divided	1526
by the average daily membership in grades kindergarten through	1527
twelve in nonpublic elementary and high schools within the state	1528
as determined during the first full week in October of each school	1529
year.	1530

(J) An amount for each county DD board, distributed on the	1531
basis of standards adopted by the state board of education, for	1532
the approved cost of transportation required for children	1533
attending special education programs operated by the county DD	1534
board under section 3323.09 of the Revised Code;	1535

(K) An amount for each school district that establishes a	1536
mentor teacher program that complies with rules of the state board	1537
of education. No school district shall be required to establish or	1538
maintain such a program in any year unless sufficient funds are	1539
appropriated to cover the district's total costs for the program.	1540

(L) An amount to each school district or educational service	1541
center for the total number of gifted units approved pursuant to	1542
section 3317.05 of the Revised Code. The amount for each such unit	1543
shall be the sum of the minimum salary for the teacher of the	1544
unit, calculated on the basis of the teacher's training level and	1545
years of experience pursuant to the salary schedule prescribed in	1546
the version of section 3317.13 of the Revised Code in effect prior	1547
to July 1, 2001, plus fifteen per cent of that minimum salary	1548
amount, plus two thousand six hundred seventy-eight dollars.	1549

(M) An amount to each institution defined under section	1550
3317.082 of the Revised Code providing elementary or secondary	1551
education to children other than children receiving special	1552
education under section 3323.091 of the Revised Code. This amount	1553
for any institution in any fiscal year shall equal the total of	1554
all tuition amounts required to be paid to the institution under	1555
division (A)(1) of section 3317.082 of the Revised Code.	1556

(N) A grant to each school district and joint vocational	1557
school district that operates a "graduation, reality, and	1558
dual-role skills" (GRADS) program for pregnant and parenting	1559
students that is approved by the department. The amount of the	1560
payment shall be the district's state share percentage, as defined	1561
in section 3317.022 or 3317.16 of the Revised Code, times the	1562
GRADS personnel allowance times the full-time-equivalent number of	1563
GRADS teachers approved by the department. The GRADS personnel	1564
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	1565
program shall include instruction on adoption as an option for	1566
unintended pregnancies.	1567

The state board of education or any other board of education	1568
or governing board may provide for any resident of a district or	1569
educational service center territory any educational service for	1570
which funds are made available to the board by the United States	1571
under the authority of public law, whether such funds come	1572
directly or indirectly from the United States or any agency or	1573
department thereof or through the state or any agency, department,	1574
or political subdivision thereof.	1575

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	1576
"guardian," or "other person having charge or care of a child"	1577
means either parent unless the parents are separated or divorced	1578
or their marriage has been dissolved or annulled, in which case	1579
"parent" means the parent who is the residential parent and legal	1580
custodian of the child. If the child is in the legal or permanent	1581
custody of a person or government agency, "parent" means that	1582
person or government agency. When a child is a resident of a home,	1583
as defined in section 3313.64 of the Revised Code, and the child's	1584
parent is not a resident of this state, "parent," "guardian," or	1585
"other person having charge or care of a child" means the head of	1586
the home.	1587

A child between six and eighteen years of age is "of	1588
compulsory school age" for the purpose of sections 3321.01 to	1589
3321.13 of the Revised Code. A child under six years of age who	1590
has been enrolled in kindergarten also shall be considered "of	1591
compulsory school age" for the purpose of sections 3321.01 to	1592
3321.13 of the Revised Code unless at any time the child's parent	1593
or guardian, at the parent's or guardian's discretion and in	1594
consultation with the child's teacher and principal, formally	1595
withdraws the child from kindergarten. The compulsory school age	1596
of a child shall not commence until the beginning of the term of	1597
such schools, or other time in the school year fixed by the rules	1598
of the board of the district in which the child resides.	1599

(2) No child shall be admitted to a kindergarten or a first	1600
grade of a public school in a district in which all children are	1601
admitted to kindergarten and the first grade in August or	1602
September unless the child is five or six years of age,	1603
respectively, by the thirtieth day of September of the year of	1604
admittance, or by the first day of a term or semester other than	1605
one beginning in August or September in school districts granting	1606
admittance at the beginning of such term or semester, except that	1607
in those school districts using or obtaining educationally	1608
accepted standardized testing programs for determining entrance,	1609
as approved by the board of education of such districts, the board	1610
shall admit a child to kindergarten or the first grade who fails	1611
to meet the age requirement, provided the child meets necessary	1612
standards as determined by such standardized testing programs. If	1613
the board of education has not established a standardized testing	1614
program, the board shall designate the necessary standards and a	1615
testing program it will accept for the purpose of admitting a	1616
child to kindergarten or first grade who fails to meet the age	1617
requirement. Each child who will be the proper age for entrance	1618
to kindergarten or first grade by the first day of January of the	1619
school year for which admission is requested shall be so tested	1620
upon the request of the child's parent.	1621

(3) Notwithstanding divisions (A)(2) and (D) of this section,	1622
beginning with the school year that starts in 2001 and continuing	1623
thereafter the board of education of any district may adopt a	1624
resolution establishing the first day of August in lieu of the	1625
thirtieth day of September as the required date by which students	1626
must have attained the age specified in those divisions.	1627

(B) As used in divisions (C) and (D) of this section,	1628
"successfully completed kindergarten" and "successful completion	1629
of kindergarten" mean that the child has completed the	1630
kindergarten requirements at one of the following:	1631

(1) A public or chartered nonpublic school;

1632

(2) A kindergarten class that is both of the following:

1633

(a) Offered by a day-care provider licensed under Chapter	1634
5104. of the Revised Code;	1635

(b) If offered after July 1, 1991, is directly taught by a	1636
teacher who holds one of the following:	1637

(i) A valid educator license issued under section 3319.22 of	1638
the Revised Code;	1639

(ii) A Montessori preprimary credential or age-appropriate	1640
diploma granted by the American Montessori society or the	1641
association Montessori internationale;	1642

(iii) Certification determined under division (G) of this	1643
section to be equivalent to that described in division	1644
(B)(2)(b)(ii) of this section;	1645

(iv) Certification for teachers in nontax-supported schools	1646
pursuant to section 3301.071 of the Revised Code.	1647

(C) Except as provided in division (D) of this section, no	1648
school district shall admit to the first grade any child who has	1649
not successfully completed kindergarten.	1650

(D) Upon request of a parent, the requirement of division (C)	1651
of this section may be waived by the district's pupil personnel	1652
services committee in the case of a child who is at least six	1653
years of age by the thirtieth day of September of the year of	1654
admittance and who demonstrates to the satisfaction of the	1655
committee the possession of the social, emotional, and cognitive	1656
skills necessary for first grade.	1657

The board of education of each city, local, and exempted	1658
village school district shall establish a pupil personnel services	1659
committee. The committee shall be composed of all of the following	1660
to the extent such personnel are either employed by the district	1661
or employed by the governing board of the educational service	1662
center within whose territory the district is located and the	1663
educational service center generally furnishes the services of	1664
such personnel to the district:	1665

(1) The director of pupil personnel services;

1666

(2) An elementary school counselor;

1667

(3) An elementary school principal;

1668

(4) A school psychologist;

1669

(5) A teacher assigned to teach first grade;

1670

(6) A gifted coordinator.

1671

The responsibilities of the pupil personnel services	1672
committee shall be limited to the issuing of waivers allowing	1673
admittance to the first grade without the successful completion of	1674
kindergarten. The committee shall have no other authority except	1675
as specified in this section.	1676

(E) The scheduling of times for kindergarten classes and	1677
length of the school day for kindergarten shall be determined by	1678
the board of education of a city, exempted village, or local	1679
school district, subject to section 3321.05 of the Revised Code.	1680

(F) Any kindergarten class offered by a day-care provider or	1681
school described by division (B)(1) or (B)(2)(a) of this section	1682
shall be developmentally appropriate.	1683

(G) Upon written request of a day-care provider described by	1684
division (B)(2)(a) of this section, the department of education	1685
shall determine whether certification held by a teacher employed	1686
by the provider meets the requirement of division (B)(2)(b)(iii)	1687
of this section and, if so, shall furnish the provider a statement	1688
to that effect.	1689

(H) As used in this division, "all-day kindergarten" has the	1690
same meaning as in section 3321.05 of the Revised Code.	1691

(1) Any school district that did not receive for fiscal year	1692
2009 poverty-based assistance for all-day kindergarten under	1693
division (D) of section 3317.029 of the Revised Code may charge	1694
fees or tuition for students enrolled in all-day kindergarten. If	1695
a district charges fees or tuition for all-day kindergarten under	1696
this division, the district shall develop a sliding fee scale	1697
based on family incomes.	1698

(2) The department of education shall conduct an annual	1699
survey of each school district described in division (H)(1) of	1700
this section to determine the following:	1701

(1)(a) Whether the district charges fees or tuition for	1702
students enrolled in all-day kindergarten;	1703

(b) The amount of the fees or tuition charged;

1704

(c) How many of the students for whom tuition is charged are	1705
eligible for free lunches under the "National School Lunch Act,"	1706
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	1707
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	1708
and how many of the students for whom tuition is charged are	1709
eligible for reduced price lunches under those acts;	1710

(2)(d) How many students are enrolled in traditional half-day	1711
kindergarten and how many students are enrolled inrather than	1712
all-day kindergarten, as defined in section 3321.05 of the Revised	1713
Code.	1714

Each district shall report to the department, in the manner	1715
prescribed by the department, the information required by this	1716
divisiondescribed in divisions (H)(2)(a) to (d) of this section.	1717

The department shall issue an annual report on the results of	1718
the survey and shall post the report on its web site. The	1719
department shall issue the first report not later than April 30,	1720
2008, and shall issue a report not later than the thirtieth day of	1721
April each year thereafter.	1722

Sec. 3321.05.  (A) As used in this section, "all-day	1723
kindergarten" means a kindergarten class that is in session five	1724
days per week for not less than the same number of clock hours	1725
each day as for students in grades one through six.	1726

(B) Any school district may operate all-day kindergarten or	1727
extended kindergarten, but beginning in fiscal year 2011, each	1728
city, local, and exempted village school district shall provide	1729
all-day kindergarten to each student enrolled in kindergarten,	1730
except as specified in divisions (C) and (D) of this section.	1731

(C) The board of education of a school district may apply to	1732
the superintendent of public instruction for a waiver of the	1733
requirement to provide all-day kindergarten for all kindergarten	1734
students. In making the determination to grant or deny the waiver,	1735
the state superintendent may consider space concerns or	1736
alternative delivery approaches used by the school district.	1737

(D) Nono district shall require any student to attend	1738
kindergarten for more than one-half of the number of clock hours	1739
required each day for grades one through sixtraditional	1740
kindergarten by the minimum standards adopted under division (D)	1741
of section 3301.07 of the Revised Code. Each school district that	1742
operates all-day or extended kindergarten shall accommodate	1743
kindergarten students whose parents or guardians elect to enroll	1744
them for one-half of the minimum number of hours required each	1745
day for grades one through six.	1746

(E)(C) A school district may use space in child day-care	1747
centers licensed under Chapter 5104. of the Revised Code to	1748
provide all-day kindergarten under this section.	1749

Section 2.  That existing sections 3301.07, 3301.16, 3302.05,	1750
3302.07, 3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08,	1751
3306.09, 3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16,	1752
3317.018, 3317.024, 3321.01, and 3321.05 and sections 3306.18,	1753
3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.33,	1754
3306.34, 3306.35, 3306.40, 3313.821, 3313.822, 3315.17, 3315.171,	1755
and 3318.312 of the Revised Code are hereby repealed.	1756

Section 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the	1757
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th	1758
General Assembly are hereby repealed.	1759

Section 4. Sections 1, 2, and 3 of this act take effect July	1760
1, 2011.	1761

Section 5.  Sections 3301.07 and 3317.024 of the Revised Code	1762
are presented in this act as composites of the sections as amended	1763
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General	1764
Assembly. The General Assembly, applying the principle stated in	1765
division (B) of section 1.52 of the Revised Code that amendments	1766
are to be harmonized if reasonably capable of simultaneous	1767
operation, finds that the composites are the resulting versions of	1768
the sections in effect prior to the effective date of the sections	1769
as presented in this act.	1770