Bill Text: OH HB32 | 2013-2014 | 130th General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Introduced - Dead) 2013-02-05 - To Education [HB32 Detail]

Download: Ohio-2013-HB32-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 32

Representatives Hayes, Patmon 

Cosponsors: Representatives Hood, Adams, J., Grossman, McGregor, Derickson, Barnes, Thompson, Beck, Roegner, Reece, Blair, Ruhl, Huffman, Milkovich 

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A BILL

To amend sections 2151.011, 3313.48, 3313.533,

1

3313.62, 3313.88, 3317.01, 3317.03, 3321.05,

2

3326.11, and 3327.01; to amend, for the purpose of

3

adopting a new section number as indicated in

4

parentheses, section 3313.88 (3313.482); to enact

5

new section 3313.481 and section 3314.092; and to

6

repeal sections 3313.481 and 3313.482 of the

7

Revised Code to establish a minimum school year

8

for school districts, STEM schools, and chartered

9

nonpublic schools based on hours, rather than

10

days, of instruction.

11

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

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

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

18

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

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

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

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

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

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

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

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

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

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

(B) As used in this chapter:

51

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

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

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

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

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

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

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

(8) "Child care provider" means an individual who is a	87
child-care staff member or administrator of a child day-care	88
center, a type A family day-care home, or a type B family day-care	89
home, or an in-home aide or an individual who is licensed, is	90
regulated, is approved, operates under the direction of, or	91
otherwise is certified by the department of job and family	92
services, department of developmental disabilities, or the early	93
childhood programs of the department of education.	94

(9) "Chronic truant" has the same meaning as in section	95
2152.02 of the Revised Code.	96

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

97

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

98

(a) General counseling services performed by a public	99
children services agency or shelter for victims of domestic	100
violence to assist a child, a child's parents, and a child's	101
siblings in alleviating identified problems that may cause or have	102
caused the child to be an abused, neglected, or dependent child.	103

(b) Psychiatric or psychological therapeutic counseling	104
services provided to correct or alleviate any mental or emotional	105
illness or disorder and performed by a licensed psychiatrist,	106
licensed psychologist, or a person licensed under Chapter 4757. of	107
the Revised Code to engage in social work or professional	108
counseling.	109

(12) "Custodian" means a person who has legal custody of a	110
child or a public children services agency or private child	111
placing agency that has permanent, temporary, or legal custody of	112
a child.	113

(13) "Delinquent child" has the same meaning as in section	114
2152.02 of the Revised Code.	115

(14) "Detention" means the temporary care of children pending	116
court adjudication or disposition, or execution of a court order,	117
in a public or private facility designed to physically restrict	118
the movement and activities of children.	119

(15) "Developmental disability" has the same meaning as in	120
section 5123.01 of the Revised Code.	121

(16) "Differential response approach" means an approach that	122
a public children services agency may use to respond to accepted	123
reports of child abuse or neglect with either an alternative	124
response or a traditional response.	125

(17) "Foster caregiver" has the same meaning as in section	126
5103.02 of the Revised Code.	127

(18) "Guardian" means a person, association, or corporation	128
that is granted authority by a probate court pursuant to Chapter	129
2111. of the Revised Code to exercise parental rights over a child	130
to the extent provided in the court's order and subject to the	131
residual parental rights of the child's parents.	132

(19) "Habitual truant" means any child of compulsory school	133
age who is absent without legitimate excuse for absence from the	134
public school the child is supposed to attend for five or more	135
consecutive school days, seven or more school days in one school	136
month, or twelve or more school days in a school year.	137

(20) "Juvenile traffic offender" has the same meaning as in	138
section 2152.02 of the Revised Code.	139

(21) "Legal custody" means a legal status that vests in the	140
custodian the right to have physical care and control of the child	141
and to determine where and with whom the child shall live, and the	142
right and duty to protect, train, and discipline the child and to	143
provide the child with food, shelter, education, and medical care,	144
all subject to any residual parental rights, privileges, and	145
responsibilities. An individual granted legal custody shall	146
exercise the rights and responsibilities personally unless	147
otherwise authorized by any section of the Revised Code or by the	148
court.	149

(22) A "legitimate excuse for absence from the public school	150
the child is supposed to attend" includes, but is not limited to,	151
any of the following:	152

(a) The fact that the child in question has enrolled in and	153
is attending another public or nonpublic school in this or another	154
state;	155

(b) The fact that the child in question is excused from	156
attendance at school for any of the reasons specified in section	157
3321.04 of the Revised Code;	158

(c) The fact that the child in question has received an age	159
and schooling certificate in accordance with section 3331.01 of	160
the Revised Code.	161

(23) "Mental illness" and "mentally ill person subject to	162
hospitalization by court order" have the same meanings as in	163
section 5122.01 of the Revised Code.	164

(24) "Mental injury" means any behavioral, cognitive,	165
emotional, or mental disorder in a child caused by an act or	166
omission that is described in section 2919.22 of the Revised Code	167
and is committed by the parent or other person responsible for the	168
child's care.	169

(25) "Mentally retarded person" has the same meaning as in	170
section 5123.01 of the Revised Code.	171

(26) "Nonsecure care, supervision, or training" means care,	172
supervision, or training of a child in a facility that does not	173
confine or prevent movement of the child within the facility or	174
from the facility.	175

(27) "Of compulsory school age" has the same meaning as in	176
section 3321.01 of the Revised Code.	177

(28) "Organization" means any institution, public,	178
semipublic, or private, and any private association, society, or	179
agency located or operating in the state, incorporated or	180
unincorporated, having among its functions the furnishing of	181
protective services or care for children, or the placement of	182
children in certified foster homes or elsewhere.	183

(29) "Out-of-home care" means detention facilities, shelter	184
facilities, certified children's crisis care facilities, certified	185
foster homes, placement in a prospective adoptive home prior to	186
the issuance of a final decree of adoption, organizations,	187
certified organizations, child day-care centers, type A family	188
day-care homes, type B family day-care homes, child care provided	189
by in-home aides, group home providers, group homes, institutions,	190
state institutions, residential facilities, residential care	191
facilities, residential camps, day camps, public schools,	192
chartered nonpublic schools, educational service centers,	193
hospitals, and medical clinics that are responsible for the care,	194
physical custody, or control of children.	195

(30) "Out-of-home care child abuse" means any of the	196
following when committed by a person responsible for the care of a	197
child in out-of-home care:	198

(a) Engaging in sexual activity with a child in the person's	199
care;	200

(b) Denial to a child, as a means of punishment, of proper or	201
necessary subsistence, education, medical care, or other care	202
necessary for a child's health;	203

(c) Use of restraint procedures on a child that cause injury	204
or pain;	205

(d) Administration of prescription drugs or psychotropic	206
medication to the child without the written approval and ongoing	207
supervision of a licensed physician;	208

(e) Commission of any act, other than by accidental means,	209
that results in any injury to or death of the child in out-of-home	210
care or commission of any act by accidental means that results in	211
an injury to or death of a child in out-of-home care and that is	212
at variance with the history given of the injury or death.	213

(31) "Out-of-home care child neglect" means any of the	214
following when committed by a person responsible for the care of a	215
child in out-of-home care:	216

(a) Failure to provide reasonable supervision according to	217
the standards of care appropriate to the age, mental and physical	218
condition, or other special needs of the child;	219

(b) Failure to provide reasonable supervision according to	220
the standards of care appropriate to the age, mental and physical	221
condition, or other special needs of the child, that results in	222
sexual or physical abuse of the child by any person;	223

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

224

(i) Administration of prescription drugs or psychotropic	225
drugs for the child;	226

(ii) Assuring that the instructions of the licensed physician	227
who prescribed a drug for the child are followed;	228

(iii) Reporting to the licensed physician who prescribed the	229
drug all unfavorable or dangerous side effects from the use of the	230
drug.	231

(d) Failure to provide proper or necessary subsistence,	232
education, medical care, or other individualized care necessary	233
for the health or well-being of the child;	234

(e) Confinement of the child to a locked room without	235
monitoring by staff;	236

(f) Failure to provide ongoing security for all prescription	237
and nonprescription medication;	238

(g) Isolation of a child for a period of time when there is	239
substantial risk that the isolation, if continued, will impair or	240
retard the mental health or physical well-being of the child.	241

(32) "Permanent custody" means a legal status that vests in a	242
public children services agency or a private child placing agency,	243
all parental rights, duties, and obligations, including the right	244
to consent to adoption, and divests the natural parents or	245
adoptive parents of all parental rights, privileges, and	246
obligations, including all residual rights and obligations.	247

(33) "Permanent surrender" means the act of the parents or,	248
if a child has only one parent, of the parent of a child, by a	249
voluntary agreement authorized by section 5103.15 of the Revised	250
Code, to transfer the permanent custody of the child to a public	251
children services agency or a private child placing agency.	252

(34) "Person" means an individual, association, corporation,	253
or partnership and the state or any of its political subdivisions,	254
departments, or agencies.	255

(35) "Person responsible for a child's care in out-of-home	256
care" means any of the following:	257

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

258

(b) Any administrator, employee, or agent of any of the	259
following: a public or private detention facility; shelter	260
facility; certified children's crisis care facility; organization;	261
certified organization; child day-care center; type A family	262
day-care home; licensed type B family day-care home; group home;	263
institution; state institution; residential facility; residential	264
care facility; residential camp; day camp; school district;	265
community school; chartered nonpublic school; educational service	266
center; hospital; or medical clinic;	267

(c) Any person who supervises or coaches children as part of	268
an extracurricular activity sponsored by a school district, public	269
school, or chartered nonpublic school;	270

(d) Any other person who performs a similar function with	271
respect to, or has a similar relationship to, children.	272

(36) "Physically impaired" means having one or more of the	273
following conditions that substantially limit one or more of an	274
individual's major life activities, including self-care, receptive	275
and expressive language, learning, mobility, and self-direction:	276

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

277

(b) A congenital orthopedic impairment;

278

(c) An orthopedic impairment caused by disease, rheumatic	279
fever or any other similar chronic or acute health problem, or	280
amputation or another similar cause.	281

(37) "Placement for adoption" means the arrangement by a	282
public children services agency or a private child placing agency	283
with a person for the care and adoption by that person of a child	284
of whom the agency has permanent custody.	285

(38) "Placement in foster care" means the arrangement by a	286
public children services agency or a private child placing agency	287
for the out-of-home care of a child of whom the agency has	288
temporary custody or permanent custody.	289

(39) "Planned permanent living arrangement" means an order of	290
a juvenile court pursuant to which both of the following apply:	291

(a) The court gives legal custody of a child to a public	292
children services agency or a private child placing agency without	293
the termination of parental rights.	294

(b) The order permits the agency to make an appropriate	295
placement of the child and to enter into a written agreement with	296
a foster care provider or with another person or agency with whom	297
the child is placed.	298

(40) "Practice of social work" and "practice of professional	299
counseling" have the same meanings as in section 4757.01 of the	300
Revised Code.	301

(41) "Sanction, service, or condition" means a sanction,	302
service, or condition created by court order following an	303
adjudication that a child is an unruly child that is described in	304
division (A)(4) of section 2152.19 of the Revised Code.	305

(42) "Protective supervision" means an order of disposition	306
pursuant to which the court permits an abused, neglected,	307
dependent, or unruly child to remain in the custody of the child's	308
parents, guardian, or custodian and stay in the child's home,	309
subject to any conditions and limitations upon the child, the	310
child's parents, guardian, or custodian, or any other person that	311
the court prescribes, including supervision as directed by the	312
court for the protection of the child.	313

(43) "Psychiatrist" has the same meaning as in section	314
5122.01 of the Revised Code.	315

(44) "Psychologist" has the same meaning as in section	316
4732.01 of the Revised Code.	317

(45) "Residential camp" means a program in which the care,	318
physical custody, or control of children is accepted overnight for	319
recreational or recreational and educational purposes.	320

(46) "Residential care facility" means an institution,	321
residence, or facility that is licensed by the department of	322
mental health under section 5119.22 of the Revised Code and that	323
provides care for a child.	324

(47) "Residential facility" means a home or facility that is	325
licensed by the department of developmental disabilities under	326
section 5123.19 of the Revised Code and in which a child with a	327
developmental disability resides.	328

(48) "Residual parental rights, privileges, and	329
responsibilities" means those rights, privileges, and	330
responsibilities remaining with the natural parent after the	331
transfer of legal custody of the child, including, but not	332
necessarily limited to, the privilege of reasonable visitation,	333
consent to adoption, the privilege to determine the child's	334
religious affiliation, and the responsibility for support.	335

(49) "School day" means the school day established by the	336
state board of education of the applicable school district	337
pursuant to section 3313.483313.481 of the Revised Code.	338

(50) "School month" and "school year" havehas the same	339
meaningsmeaning as in section 3313.62 of the Revised Code.	340

(51) "Secure correctional facility" means a facility under	341
the direction of the department of youth services that is designed	342
to physically restrict the movement and activities of children and	343
used for the placement of children after adjudication and	344
disposition.	345

(52) "Sexual activity" has the same meaning as in section	346
2907.01 of the Revised Code.	347

(53) "Shelter" means the temporary care of children in	348
physically unrestricted facilities pending court adjudication or	349
disposition.	350

(54) "Shelter for victims of domestic violence" has the same	351
meaning as in section 3113.33 of the Revised Code.	352

(55) "Temporary custody" means legal custody of a child who	353
is removed from the child's home, which custody may be terminated	354
at any time at the discretion of the court or, if the legal	355
custody is granted in an agreement for temporary custody, by the	356
person who executed the agreement.	357

(56) "Traditional response" means a public children services	358
agency's response to a report of child abuse or neglect that	359
encourages engagement of the family in a comprehensive evaluation	360
of the child's current and future safety needs and a fact-finding	361
process to determine whether child abuse or neglect occurred and	362
the circumstances surrounding the alleged harm or risk of harm.	363

(C) For the purposes of this chapter, a child shall be	364
presumed abandoned when the parents of the child have failed to	365
visit or maintain contact with the child for more than ninety	366
days, regardless of whether the parents resume contact with the	367
child after that period of ninety days.	368

Sec. 3313.48. (A) The board of education of each city,	369
exempted village, local, and joint vocational school district	370
shall provide for the free education of the youth of school age	371
within the district under its jurisdiction, at such places as will	372
be most convenient for the attendance of the largest number	373
thereof. Except as provided in section 3313.481 of the Revised	374
Code, eachEach school so provided and each chartered nonpublic	375
school shall be open for instruction with pupils in attendance,	376
including scheduled classes, supervised activities, and approved	377
education options but excluding lunch and breakfast periods and	378
extracurricular activities, for not less than one hundred	379
eighty-two daysfour hundred fifty-five hours in the case of	380
pupils in kindergarten unless such pupils are provided all-day	381
kindergarten, as defined in section 3321.05 of the Revised Code,	382
in which case the pupils shall be in attendance for nine hundred	383
ten hours; nine hundred ten hours in the case of pupils in grades	384
one through six; and one thousand one hours in the case of pupils	385
in grades seven through twelve in each school year, which may	386
include all of the following:	387

(A)(1) Up to fourthe equivalent of two school days per year	388
in which classes are dismissed one-half day early or the	389
equivalent amount of time during a different number of daysduring	390
which pupils would otherwise be in attendance but are not required	391
to attend for the purpose of individualized parent-teacher	392
conferences and reporting periods;	393

(B)(2) Up to the equivalent of two school days per year	394
during which pupils would otherwise be in attendance but are not	395
required to attend for professional meetings of teachers when such	396
days occur during a regular school week and schools are not in	397
session;	398

(C) The number of days the school is closed as a result of	399
public calamity, as provided in section 3317.01 of the Revised	400
Code(3) Morning and afternoon recess periods of not more than	401
fifteen minutes duration per period for pupils in grades	402
kindergarten through six.	403

The state board of education shall adopt standards for	404
defining "school day" as used in sections 3313.48 and 3317.01 of	405
the Revised Code.	406

Except as otherwise provided in this section, each day for	407
grades seven through twelve shall consist of not less than five	408
clock hours with pupils in attendance, except in such emergency	409
situations, including lack of classroom space, as are approved by	410
the state board of education. Except as otherwise provided in this	411
section, each day for grades one through six shall consist of not	412
less than five clock hours with pupils in attendance which may	413
include fifteen minute morning and afternoon recess periods,	414
except in such emergency situations, including lack of classroom	415
space, as are approved by the state board of education.	416

(B) Not later than thirty days prior to adopting a school	417
calendar, the board of education of each city, exempted village,	418
and local school district shall hold a public hearing on the	419
school calendar, addressing topics that include, but are not	420
limited to, the total number of hours in a school year, length of	421
school day, and beginning and end dates of instruction. Each board	422
shall publish notice of the hearing in a newspaper of general	423
circulation in the district not later than thirty days prior to	424
the hearing.	425

(C) No school operated by a city, exempted village, local, or	426
joint vocational school district shall reduce the number of hours	427
in each school year that the school is scheduled to be open for	428
instruction from the number of hours per year the school was open	429
for instruction during the previous school year unless the	430
reduction is approved by a resolution adopted by the district	431
board of education. Any reduction so approved shall not result in	432
fewer hours of instruction per school year than the applicable	433
number of hours required under division (A) of this section.	434

(D) Prior to making any change in the hours or days in which	435
a high school under its jurisdiction is open for instruction, the	436
board of education of each city, exempted village, and local	437
school district shall consider the compatibility of the proposed	438
change with the scheduling needs of any joint vocational school	439
district in which any of the high school's students are also	440
enrolled. The board shall consider the impact of the proposed	441
change on student access to the instructional programs offered by	442
the joint vocational school district, incentives for students to	443
participate in career-technical education, transportation, and the	444
timing of graduation. The board shall provide the joint vocational	445
school district board with advance notice of the proposed change	446
and the two boards shall enter into a written agreement	447
prescribing reasonable accommodations to meet the scheduling needs	448
of the joint vocational school district prior to implementation of	449
the change.	450

(E) Prior to making any change in the hours or days in which	451
a school under its jurisdiction is open for instruction, the board	452
of education of each city, exempted village, and local school	453
district shall consider the compatibility of the proposed change	454
with the scheduling needs of any community school established	455
under Chapter 3314. of the Revised Code to which the district is	456
required to transport students under sections 3314.09 and 3327.01	457
of the Revised Code. The board shall consider the impact of the	458
proposed change on student access to the instructional programs	459
offered by the community school, transportation, and the timing of	460
graduation. The board shall provide the sponsor, governing	461
authority, and operator of the community school with advance	462
notice of the proposed change, and the board and the governing	463
authority, or operator if such authority is delegated to the	464
operator, shall enter into a written agreement prescribing	465
reasonable accommodations to meet the scheduling needs of the	466
community school prior to implementation of the change.	467

(F) Prior to making any change in the hours or days in which	468
the schools under its jurisdiction are open for instruction, the	469
board of education of each city, exempted village, and local	470
school district shall consult with the chartered nonpublic schools	471
to which the district is required to transport students under	472
section 3327.01 of the Revised Code and shall consider the effect	473
of the proposed change on the schedule for transportation of those	474
students to their nonpublic schools. The governing authority of a	475
chartered nonpublic school shall consult with each school district	476
board of education that transports students to the chartered	477
nonpublic school under section 3327.01 of the Revised Code prior	478
to making any change in the hours or days in which the nonpublic	479
school is open for instruction.	480

(G) The state board of education shall not adopt or enforce	481
any rule or standard that imposes on chartered nonpublic schools	482
the procedural requirements imposed on school districts by	483
divisions (B), (C), (D), and (E) of this section.	484

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	485
the term "school day" is used, unless otherwise specified, that	486
term shall be construed to mean the time during a calendar day	487
that a school is open for instruction pursuant to the schedule	488
adopted by the board of education of the school district or the	489
governing authority of the chartered nonpublic school in	490
accordance with section 3313.48 of the Revised Code.	491

Sec. 3313.88.        Sec. 3313.482.  (A)(1) Prior to the first day of	492
August of each school year, the board of education of any school	493
district or the governing authority of any chartered nonpublic	494
school may submit to the department of education a plan to require	495
students to access and complete classroom lessons posted on the	496
district's or nonpublic school's web portal or web site in order	497
to make up dayshours in that school year on which it is	498
necessary to close schools for any of the reasons specified in	499
division (B) of section 3317.01 of the Revised Code in excess of	500
the number of days permitted under sections 3313.48, 3313.481, and	501
3317.01 of the Revised Codedisease epidemic, hazardous weather	502
conditions, inoperability of school buses or other equipment	503
necessary to the school's operation, damage to a school building,	504
or other temporary circumstances due to utility failure rendering	505
the school building unfit for school use.	506

Prior to the first day of August of each school year, the	507
governing authority of any community school established under	508
Chapter 3314. that is not an internet- or computer-based community	509
school, as defined in section 3314.02 of the Revised Code, may	510
submit to the department a plan to require students to access and	511
complete classroom lessons posted on the school's web portal or	512
web site in order to make up days or hours in that school year on	513
which it is necessary to close the school for any of the reasons	514
specified in division (L)(4) of section 3314.08 of the Revised	515
Code so that the school is in compliance with the minimum number	516
of hours required under Chapter 3314. of the Revised Code.	517

A plan submitted by a school district board or, chartered	518
nonpublic school governing authority shall provide for making up	519
any number of days, up to a maximum of three days. A plan	520
submitted by a, or community school governing authority shall	521
provide for making up any number of hours, up to a maximum of the	522
number of hours that are the equivalent of three school days.	523
Provided the plan meets all requirements of this section, the	524
department shall permit the board or governing authority to	525
implement the plan for the applicable school year.	526

(2) Each plan submitted under this section by a school	527
district board of education shall include the written consent of	528
the teachers' employee representative designated under division	529
(B) of section 4117.04 of the Revised Code.	530

(3) Each plan submitted under this section shall provide for	531
the following:	532

(a) Not later than the first day of November of the school	533
year, each classroom teacher shall develop a sufficient number of	534
lessons for each course taught by the teacher that school year to	535
cover the number of make-up days or hours specified in the plan.	536
The teacher shall designate the order in which the lessons are to	537
be posted on the district's, community school's, or nonpublic	538
school's web portal or web site in the event of a school closure.	539
Teachers may be granted up to one professional development day to	540
create lesson plans for those lessons.	541

(b) To the extent possible and necessary, a classroom teacher	542
shall update or replace, based on current instructional progress,	543
one or more of the lesson plans developed under division (A)(3)(a)	544
of this section before they are posted on the web portal or web	545
site under division (A)(3)(c) of this section or distributed under	546
division (B) of this section.	547

(c) As soon as practicable after a school closure, a district	548
or school employee responsible for web portal or web site	549
operations shall make the designated lessons available to students	550
on the district's, community school's, or nonpublic school's	551
portal or site. A lesson shall be posted for each course that was	552
scheduled to meet on the day or hours of the closure.	553

(d) Each student enrolled in a course for which a lesson is	554
posted on the portal or site shall be granted a two-week period	555
from the date of posting to complete the lesson. The student's	556
classroom teacher shall grade the lesson in the same manner as	557
other lessons. The student may receive an incomplete or failing	558
grade if the lesson is not completed on time.	559

(e) If a student does not have access to a computer at the	560
student's residence and the plan does not include blizzard bags	561
under division (B) of this section, the student shall be permitted	562
to work on the posted lessons at school after the student's school	563
reopens. If the lessons were posted prior to the reopening, the	564
student shall be granted a two-week period from the date of the	565
reopening, rather than from the date of posting as otherwise	566
required under division (A)(3)(d) of this section, to complete the	567
lessons. The district board or community school or nonpublic	568
school governing authority may provide the student access to a	569
computer before, during, or after the regularly scheduled school	570
day or may provide a substantially similar paper lesson in order	571
to complete the lessons.	572

(B)(1) In addition to posting classroom lessons online under	573
division (A) of this section, the board of education of any school	574
district or governing authority of any community or chartered	575
nonpublic school may include in the plan distribution of "blizzard	576
bags," which are paper copies of the lessons posted online.	577

(2) If a school opts to use blizzard bags, teachers shall	578
prepare paper copies in conjunction with the lessons to be posted	579
online and update the paper copies whenever the teacher updates	580
the online lesson plans.	581

(3) The board of education of any school district or	582
governing authority of any community or chartered nonpublic school	583
that opts to use blizzard bags shall specify in the plan the	584
method of distribution of blizzard bag lessons, which may include,	585
but not be limited to, requiring distribution by a specific	586
deadline or requiring distribution prior to anticipated school	587
closure as directed by the superintendent of a school district or	588
the principal, director, chief administrative officer, or the	589
equivalent, of a school.	590

(4) Students shall turn in completed lessons in accordance	591
with division (A)(3)(d) of this section.	592

(C)(1) No school district that implements a plan in	593
accordance with this section shall be considered to have failed to	594
comply with division (B) of section 3317.01 of the Revised Code	595
with respect to the number of make-up dayshours specified in the	596
plan.	597

(2) No community school that implements a plan in accordance	598
with this section shall be considered to have failed to comply	599
with the minimum number of hours required under Chapter 3314. of	600
the Revised Code with respect to the number of make-up hours	601
specified in the plan.	602

Sec. 3313.533.  (A) The board of education of a city,	603
exempted village, or local school district may adopt a resolution	604
to establish and maintain an alternative school in accordance with	605
this section. The resolution shall specify, but not necessarily be	606
limited to, all of the following:	607

(1) The purpose of the school, which purpose shall be to	608
serve students who are on suspension, who are having truancy	609
problems, who are experiencing academic failure, who have a	610
history of class disruption, who are exhibiting other academic or	611
behavioral problems specified in the resolution, or who have been	612
discharged or released from the custody of the department of youth	613
services under section 5139.51 of the Revised Code;	614

(2) The grades served by the school, which may include any of	615
grades kindergarten through twelve;	616

(3) A requirement that the school be operated in accordance	617
with this section. The board of education adopting the resolution	618
under division (A) of this section shall be the governing board of	619
the alternative school. The board shall develop and implement a	620
plan for the school in accordance with the resolution establishing	621
the school and in accordance with this section. Each plan shall	622
include, but not necessarily be limited to, all of the following:	623

(a) Specification of the reasons for which students will be	624
accepted for assignment to the school and any criteria for	625
admission that are to be used by the board to approve or	626
disapprove the assignment of students to the school;	627

(b) Specification of the criteria and procedures that will be	628
used for returning students who have been assigned to the school	629
back to the regular education program of the district;	630

(c) An evaluation plan for assessing the effectiveness of the	631
school and its educational program and reporting the results of	632
the evaluation to the public.	633

(B) Notwithstanding any provision of Title XXXIII of the	634
Revised Code to the contrary, the alternative school plan may	635
include any of the following:	636

(1) A requirement that on each school day students must	637
attend school or participate in other programs specified in the	638
plan or by the chief administrative officer of the school for a	639
period equal to the minimum school day set by the state board of	640
education under section 3313.48 of the Revised Code plus any	641
additional time required in the plan or by the chief	642
administrative officer;	643

(2) Restrictions on student participation in extracurricular	644
or interscholastic activities;	645

(3) A requirement that students wear uniforms prescribed by	646
the district board of education.	647

(C) In accordance with the alternative school plan, the	648
district board of education may employ teachers and nonteaching	649
employees necessary to carry out its duties and fulfill its	650
responsibilities or may contract with a nonprofit or for profit	651
entity to operate the alternative school, including the provision	652
of personnel, supplies, equipment, or facilities.	653

(D) An alternative school may be established in all or part	654
of a school building.	655

(E) If a district board of education elects under this	656
section, or is required by section 3313.534 of the Revised Code,	657
to establish an alternative school, the district board may join	658
with the board of education of one or more other districts to form	659
a joint alternative school by forming a cooperative education	660
school district under section 3311.52 or 3311.521 of the Revised	661
Code, or a joint educational program under section 3313.842 of the	662
Revised Code. The authority to employ personnel or to contract	663
with a nonprofit or for profit entity under division (C) of this	664
section applies to any alternative school program established	665
under this division.	666

(F) Any individual employed as a teacher at an alternative	667
school operated by a nonprofit or for profit entity under this	668
section shall be licensed and shall be subject to background	669
checks, as described in section 3319.39 of the Revised Code, in	670
the same manner as an individual employed by a school district.	671

(G) Division (G) of this section applies only to any	672
alternative school that is operated by a nonprofit or for profit	673
entity under contract with the school district.	674

(1) In addition to the specifications authorized under	675
division (B) of this section, any plan adopted under that division	676
for an alternative school to which division (G) of this section	677
also applies shall include the following:	678

(a) A description of the educational program provided at the	679
alternative school, which shall include:	680

(i) Provisions for the school to be configured in clusters or	681
small learning communities;	682

(ii) Provisions for the incorporation of education technology	683
into the curriculum;	684

(iii) Provisions for accelerated learning programs in reading	685
and mathematics.	686

(b) A method to determine the reading and mathematics level	687
of each student assigned to the alternative school and a method to	688
continuously monitor each student's progress in those areas. The	689
methods employed under this division shall be aligned with the	690
curriculum adopted by the school district board of education under	691
section 3313.60 of the Revised Code.	692

(c) A plan for social services to be provided at the	693
alternative school, such as, but not limited to, counseling	694
services, psychological support services, and enrichment programs;	695

(d) A plan for a student's transition from the alternative	696
school back to a school operated by the school district;	697

(e) A requirement that the alternative school maintain	698
financial records in a manner that is compatible with the form	699
prescribed for school districts by the auditor of state to enable	700
the district to comply with any rules adopted by the auditor of	701
state.	702

(2) Notwithstanding division (A)(2) of this section, any	703
alternative school to which division (G) of this section applies	704
shall include only grades six through twelve.	705

(3) Notwithstanding anything in division (A)(3)(a) of this	706
section to the contrary, the characteristics of students who may	707
be assigned to an alternative school to which division (G) of this	708
section applies shall include only disruptive and low-performing	709
students.	710

(H) When any district board of education determines to	711
contract with a nonprofit or for profit entity to operate an	712
alternative school under this section, the board shall use the	713
procedure set forth in this division.	714

(1) The board shall publish notice of a request for proposals	715
in a newspaper of general circulation in the district once each	716
week for a period of two consecutive weeks, or as provided in	717
section 7.16 of the Revised Code, prior to the date specified by	718
the board for receiving proposals. Notices of requests for	719
proposals shall contain a general description of the subject of	720
the proposed contract and the location where the request for	721
proposals may be obtained. The request for proposals shall include	722
all of the following information:	723

(a) Instructions and information to respondents concerning	724
the submission of proposals, including the name and address of the	725
office where proposals are to be submitted;	726

(b) Instructions regarding communications, including at least	727
the names, titles, and telephone numbers of persons to whom	728
questions concerning a proposal may be directed;	729

(c) A description of the performance criteria that will be	730
used to evaluate whether a respondent to which a contract is	731
awarded is meeting the district's educational standards or the	732
method by which such performance criteria will be determined;	733

(d) Factors and criteria to be considered in evaluating	734
proposals, the relative importance of each factor or criterion,	735
and a description of the evaluation procedures to be followed;	736

(e) Any terms or conditions of the proposed contract,	737
including any requirement for a bond and the amount of such bond;	738

(f) Documents that may be incorporated by reference into the	739
request for proposals, provided that the request for proposals	740
specifies where such documents may be obtained and that such	741
documents are readily available to all interested parties.	742

(2) After the date specified for receiving proposals, the	743
board shall evaluate the submitted proposals and may hold	744
discussions with any respondent to ensure a complete understanding	745
of the proposal and the qualifications of such respondent to	746
execute the proposed contract. Such qualifications shall include,	747
but are not limited to, all of the following:	748

(a) Demonstrated competence in performance of the required	749
services as indicated by effective implementation of educational	750
programs in reading and mathematics and at least three years of	751
experience successfully serving a student population similar to	752
the student population assigned to the alternative school;	753

(b) Demonstrated performance in the areas of cost	754
containment, the provision of educational services of a high	755
quality, and any other areas determined by the board;	756

(c) Whether the respondent has the resources to undertake the	757
operation of the alternative school and to provide qualified	758
personnel to staff the school;	759

(d) Financial responsibility.

760

(3) The board shall select for further review at least three	761
proposals from respondents the board considers qualified to	762
operate the alternative school in the best interests of the	763
students and the district. If fewer than three proposals are	764
submitted, the board shall select each proposal submitted. The	765
board may cancel a request for proposals or reject all proposals	766
at any time prior to the execution of a contract.	767

The board may hold discussions with any of the three selected	768
respondents to clarify or revise the provisions of a proposal or	769
the proposed contract to ensure complete understanding between the	770
board and the respondent of the terms under which a contract will	771
be entered. Respondents shall be accorded fair and equal treatment	772
with respect to any opportunity for discussion regarding	773
clarifications or revisions. The board may terminate or	774
discontinue any further discussion with a respondent upon written	775
notice.	776

(4) Upon further review of the three proposals selected by	777
the board, the board shall award a contract to the respondent the	778
board considers to have the most merit, taking into consideration	779
the scope, complexity, and nature of the services to be performed	780
by the respondent under the contract.	781

(5) Except as provided in division (H)(6) of this section,	782
the request for proposals, submitted proposals, and related	783
documents shall become public records under section 149.43 of the	784
Revised Code after the award of the contract.	785

(6) Any respondent may request in writing that the board not	786
disclose confidential or proprietary information or trade secrets	787
contained in the proposal submitted by the respondent to the	788
board. Any such request shall be accompanied by an offer of	789
indemnification from the respondent to the board. The board shall	790
determine whether to agree to the request and shall inform the	791
respondent in writing of its decision. If the board agrees to	792
nondisclosure of specified information in a proposal, such	793
information shall not become a public record under section 149.43	794
of the Revised Code. If the respondent withdraws its proposal at	795
any time prior to the execution of a contract, the proposal shall	796
not be a public record under section 149.43 of the Revised Code.	797

(I) Upon a recommendation from the department and in	798
accordance with section 3301.16 of the Revised Code, the state	799
board of education may revoke the charter of any alternative	800
school operated by a school district that violates this section.	801

Sec. 3313.62.  The school year shall begin on the first day	802
of July of each calendar year and close on the thirtieth day of	803
June of the succeeding calendar year. A school week shall consist	804
of five days, and a school month of four school weeks. A chartered	805
nonpublic school may be open for instruction with pupils in	806
attendance on any day of the week, including Saturday or Sunday.	807

Sec. 3314.092. The governing authority of a community school	808
established under this chapter shall consult with each school	809
district board of education that transports students to the	810
community school under sections 3314.09 and 3327.01 of the Revised	811
Code prior to making any change in the hours or days in which the	812
community school is open for instruction.	813

Sec. 3317.01.  As used in this section, "school district,"	814
unless otherwise specified, means any city, local, exempted	815
village, joint vocational, or cooperative education school	816
district and any educational service center.	817

This chapter shall be administered by the state board of	818
education. The superintendent of public instruction shall	819
calculate the amounts payable to each school district and shall	820
certify the amounts payable to each eligible district to the	821
treasurer of the district as provided by this chapter. As soon as	822
possible after such amounts are calculated, the superintendent	823
shall certify to the treasurer of each school district the	824
district's adjusted charge-off increase, as defined in section	825
5705.211 of the Revised Code. No moneys shall be distributed	826
pursuant to this chapter without the approval of the controlling	827
board.	828

The state board of education shall, in accordance with	829
appropriations made by the general assembly, meet the financial	830
obligations of this chapter.	831

Moneys distributed pursuant to this chapter shall be	832
calculated and paid on a fiscal year basis, beginning with the	833
first day of July and extending through the thirtieth day of June.	834
The moneys appropriated for each fiscal year shall be distributed	835
periodically to each school district unless otherwise provided	836
for. The state board, in June of each year, shall submit to the	837
controlling board the state board's year-end distributions	838
pursuant to this chapter.	839

Except as otherwise provided, payments under this chapter	840
shall be made only to those school districts in which:	841

(A) The school district, except for any educational service	842
center and any joint vocational or cooperative education school	843
district, levies for current operating expenses at least twenty	844
mills. Levies for joint vocational or cooperative education school	845
districts or county school financing districts, limited to or to	846
the extent apportioned to current expenses, shall be included in	847
this qualification requirement. School district income tax levies	848
under Chapter 5748. of the Revised Code, limited to or to the	849
extent apportioned to current operating expenses, shall be	850
included in this qualification requirement to the extent	851
determined by the tax commissioner under division (D) of section	852
3317.021 of the Revised Code.	853

(B) The school year next preceding the fiscal year for which	854
such payments are authorized meets the requirement of section	855
3313.48 or 3313.481 of the Revised Code, with regard to the	856
minimum number of days or hours school must be open for	857
instruction with pupils in attendance, for individualized	858
parent-teacher conference and reporting periods, and for	859
professional meetings of teachers. This requirement shall be	860
waived by the superintendent of public instruction if it had been	861
necessary for a school to be closed because of disease epidemic,	862
hazardous weather conditions, law enforcement emergencies,	863
inoperability of school buses or other equipment necessary to the	864
school's operation, damage to a school building, or other	865
temporary circumstances due to utility failure rendering the	866
school building unfit for school use, provided that for those	867
school districts operating pursuant to section 3313.48 of the	868
Revised Code the number of days the school was actually open for	869
instruction with pupils in attendance and for individualized	870
parent-teacher conference and reporting periods is not less than	871
one hundred seventy-five, or for those school districts operating	872
on a trimester plan the number of days the school was actually	873
open for instruction with pupils in attendance not less than	874
seventy-nine days in any trimester, for those school districts	875
operating on a quarterly plan the number of days the school was	876
actually open for instruction with pupils in attendance not less	877
than fifty-nine days in any quarter, or for those school districts	878
operating on a pentamester plan the number of days the school was	879
actually open for instruction with pupils in attendance not less	880
than forty-four days in any pentamester.	881

A school district shall not be considered to have failed to	882
comply with this division or section 3313.481 of the Revised Code	883
because schools were open for instruction but either twelfth grade	884
students were excused from attendance for up to the equivalent of	885
three school days or only a portion of the kindergarten students	886
were in attendance for up to the equivalent of three school days	887
in order to allow for the gradual orientation to school of such	888
students.	889

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

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

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

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

Sec. 3317.03.  (A) The superintendent of each city, local,	915
and exempted village school district and of each educational	916
service center shall, for the schools under the superintendent's	917
supervision, certify to the state board of education on or before	918
the fifteenth day of October in each year for the first full	919
school week in October the average daily membership of students	920
receiving services from schools under the superintendent's	921
supervision, and the numbers of other students entitled to attend	922
school in the district under section 3313.64 or 3313.65 of the	923
Revised Code the superintendent is required to report under this	924
section, so that the department of education can calculate the	925
district's formula ADM. If a school under the superintendent's	926
supervision is closed for one or more days during that week due to	927
hazardous weather conditions or other circumstances described in	928
the first paragraph of division (B)(A)(1) of section 3317.01	929
3313.482 of the Revised Code, the superintendent may apply to the	930
superintendent of public instruction for a waiver, under which the	931
superintendent of public instruction may exempt the district	932
superintendent from certifying the average daily membership for	933
that school for that week and specify an alternate week for	934
certifying the average daily membership of that school.	935

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

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

(a) Students enrolled in adult education classes;

942

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Students enrolled in adult education classes;

1262

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1328

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

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

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

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

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

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

(F)(1) If the formula ADM for the first full school week in	1371
February is at least three per cent greater than that certified	1372
for the first full school week in the preceding October, the	1373
superintendent of schools of any city, exempted village, or joint	1374
vocational school district or educational service center shall	1375
certify such increase to the superintendent of public instruction.	1376
Such certification shall be submitted no later than the fifteenth	1377
day of February. For the balance of the fiscal year, beginning	1378
with the February payments, the superintendent of public	1379
instruction shall use the increased formula ADM in calculating or	1380
recalculating the amounts to be allocated in accordance with	1381
section 3317.022 or 3317.16 of the Revised Code. In no event shall	1382
the superintendent use an increased membership certified to the	1383
superintendent after the fifteenth day of February. Division	1384
(F)(1) of this section does not apply after fiscal year 2006.	1385

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3326.11. Each science, technology, engineering, and	1557
mathematics school established under this chapter and its	1558
governing body shall comply with sections 9.90, 9.91, 109.65,	1559
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	1560
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	1561
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	1562
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	1563
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	1564
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	1565
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	1566
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	1567
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	1568
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	1569
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	1570
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	1571
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	1572
4123., 4141., and 4167. of the Revised Code as if it were a school	1573
district.	1574

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

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

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

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

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

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

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

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

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

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

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

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

Section 3. Sections 1 and 2 of this act shall take effect	1654
July 1, 2014. However, to determine whether a school district	1655
satisfied the minimum school year in the 2013-2014 school year in	1656
order to qualify for state funding under Chapter 3317. of the	1657
Revised Code for fiscal year 2015, the Department of Education	1658
shall apply the criteria prescribed in the version of division (B)	1659
of section 3317.01 of the Revised Code in effect prior to July 1,	1660
2014.	1661

Section 4. The amendments to section 2151.011 of the Revised	1662
Code by this act shall take effect July 1, 2014.	1663

This act is not intended to delay the earlier amendments to	1664
section 2151.011 of the Revised Code by Am. Sub. S.B. 316 of the	1665
129th General Assembly that are scheduled to take effect January	1666
1, 2014.	1667

Section 5. The amendments to sections 3313.48, 3313.533,	1668
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	1669
section 3313.481; and the repeal of section 3313.482 of the	1670
Revised Code made by this act do not apply to any collective	1671
bargaining agreement executed under Chapter 4117. of the Revised	1672
Code prior to the effective date of this section. Any collective	1673
bargaining agreement or renewal executed after that date shall	1674
comply with the changes provided for in this act.	1675