Bill Text: OH HB366 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To allow school district boards to exempt their districts from certain spending rules and the requirement to provide all-day kindergarten and to direct the duties of the Ohio School Funding Advisory Council.

Sponsorship: Partisan Bill (Republican 27)

Status: (Introduced - Dead) 2009-11-12 - To Education [HB366 Detail]

Download: Ohio-2009-HB366-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 366

Representative Gardner 

Cosponsors: Representatives Burke, Morgan, Lehner, Ruhl, Boose, Adams, J., Blessing, Derickson, McGregor, Hottinger, Blair, Uecker, Huffman, Evans, Hackett, Zehringer, Wachtmann, Adams, R., Combs, Bacon, Amstutz, Sears, Maag, Mecklenborg, Wagner, Martin 

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A BILL

To amend sections 3306.25 and 3321.05 of the Revised

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Code to allow school district boards to exempt

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their districts from certain spending rules and

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the requirement to provide all-day kindergarten

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and to direct the duties of the Ohio School

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Funding Advisory Council.

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

Section 1.  That sections 3306.25 and 3321.05 of the Revised	7
Code be amended to read as follows:	8

Sec. 3306.25.  (A) The superintendent of public instruction	9
shall adopt rules, in accordance with Chapter 119. of the Revised	10
Code, prescribing standards for the expenditure of funds	11
calculated under this chapter and for the reporting of	12
expenditures of those funds for particular funded components, as	13
determined by the superintendent, so that those funds are directed	14
toward the purposes for which they were calculated.	15

The superintendent shall classify the components into the	16
following categories:	17

(1) Core academic strategy components, which shall be	18
considered those components that are fundamental to successful	19
education practices in the twenty-first century for all students;	20

(2) Academic improvement components, which shall be	21
considered those components that have been demonstrated to make	22
the greatest improvement in the academic achievement of	23
underperforming students;	24

(3) Other components.

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The superintendent shall determine the funded components	26
included in each category.	27

(B) The rules adopted for core academic strategy components	28
under division (A)(1) of this section shall prescribe standards	29
for expenditure and reporting. The rules shall afford districts	30
degrees of flexibility in determining how to spend funds	31
calculated for the components included in that category	32
depending on the district's current performance rating under	33
section 3302.03 of the Revised Code. The higher the rating, the	34
greater flexibility the rules shall provide. Districts rated	35
excellent shall not be subject to the expenditure standards, but	36
shall comply with the reporting standards.	37

(C) The rules adopted for academic improvement components	38
under division (A)(2) of this section shall prescribe standards	39
for expenditure and reporting and shall apply only to school	40
districts that have been declared to be in academic emergency or	41
academic watch, under section 3302.03 of the Revised Code, for	42
two or more consecutive years, beginning with the ratings of	43
districts issued under that section in the fiscal year that	44
begins two years prior to the effective date of rules adopted	45
under division (A)(2) of this section.	46

(D) The rules adopted under division (A)(3) of this section	47
shall prescribe only reporting standards and shall not prescribe	48
spending requirements or standards. The rules shall apply to all	49
school districts.	50

(E) The rules shall take effect pursuant to a schedule	51
determined by the superintendent. However:	52

(1) The rules adopted under division (A)(1) of this section	53
prescribing reporting standards for core academic strategy	54
components shall not take effect before July 1, 2010.	55

(2) The rules adopted under division (A)(1) of this section	56
prescribing expenditure standards for core academic strategy	57
components shall not take effect before July 1, 2011.	58

(3) The rules adopted under division (A)(2) of this section	59
prescribing reporting standards for academic improvement	60
components shall not take effect before July 1, 2010.	61

(4) The rules adopted under division (A)(2) of this section	62
prescribing expenditure standards for academic improvement	63
components shall not take effect before July 1, 2011.	64

(5) The rules adopted under division (A)(3) of this section	65
prescribing reporting standards for other components shall not	66
take effect before July 1, 2010.	67

(F) Each(1) Except as provided in division (F)(2) of this	68
section, each school district shall comply with each applicable	69
rule adopted under this section beginning on the effective date	70
of that rule.	71

(2) A district board of education, by a majority vote, may	72
adopt a resolution exempting the district from any applicable rule	73
regarding the expenditure of funds calculated for the core teacher	74
factor and the specialist teacher factor under section 3306.05 of	75
the Revised Code. The resolution shall include a statement	76
identifying cost or space concerns as the basis for adopting the	77
resolution. If a board adopts such a resolution, the board shall	78
not be required to apply for a waiver under section 3306.40 of	79
the Revised Code to receive an exemption from the rule. The board	80
shall adopt a new resolution in each fiscal year that the board	81
seeks an exemption from the rule.	82

Sec. 3321.05.  (A) As used in this section, "all-day	83
kindergarten" means a kindergarten class that is in session five	84
days per week for not less than the same number of clock hours	85
each day as for students in grades one through six.	86

(B) Any school district may operate all-day kindergarten or	87
extended kindergarten, but beginning in fiscal year 2011, each	88
city, local, and exempted village school district shall provide	89
all-day kindergarten to each student enrolled in kindergarten,	90
except as specified in divisions (C) and (D) of this section.	91

(C) The board of education of a school district, by a	92
majority vote, may apply to the superintendent of public	93
instruction for a waiver ofadopt a resolution exempting the	94
district from the requirement to provide all-day kindergarten for	95
all kindergarten students. In making the determination to grant	96
or deny the waiver, the state superintendent may consider space	97
concerns or alternative delivery approaches used by the school	98
districtThe board shall adopt a new resolution in each fiscal	99
year that the board seeks an exemption from the requirement. The	100
resolution shall include a statement identifying cost or space	101
concerns as the basis for adopting the resolution.	102

(D) No district shall require any student to attend	103
kindergarten for more than one-half of the number of clock hours	104
required each day for grades one through six by the minimum	105
standards adopted under division (D) of section 3301.07 of the	106
Revised Code. Each school district shall accommodate kindergarten	107
students whose parents or guardians elect to enroll them for	108
one-half of the minimum number of hours required each day for	109
grades one through six.	110

(E) A school district may use space in child day-care centers	111
licensed under Chapter 5104. of the Revised Code to provide	112
all-day kindergarten under this section.	113

Section 2.  That existing sections 3306.25 and 3321.05 of the	114
Revised Code are hereby repealed.	115

Section 3.  The Ohio School Funding Advisory Council	116
established in section 3306.29 of the Revised Code shall identify	117
unfunded or underfunded school funding mandates enacted in Am.	118
Sub. H.B. 1 of the 128th General Assembly and imposed on local	119
schools, community schools, chartered nonpublic schools, and the	120
Department of Education. Following an evaluation of these	121
provisions, the Council shall identify the costs of the mandates	122
and recommend to the Governor and the General Assembly what	123
action the Council deems appropriate, if any, to amend or repeal	124
the mandates. The Council shall convene a meeting for these	125
purposes as soon as practicable following the effective date of	126
this act.	127