Bill Text: OH SB12 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To provide formula funding for all-day kindergarten for all school districts and community schools that offer it.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-02-10 - To Finance & Financial Institutions [SB12 Detail]
Download: Ohio-2009-SB12-Introduced.html
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Senator Sawyer
Cosponsors:
Senators Roberts, Fedor, Miller, R., Turner, Schiavoni
To amend sections 3314.08, 3314.084, 3314.26, | 1 |
3317.016, 3317.017, 3317.02, 3317.029, 3317.03, | 2 |
3321.01, and 5727.84 and to repeal section | 3 |
3314.13 of the Revised Code to provide formula | 4 |
funding for all-day kindergarten for all school | 5 |
districts and community schools that offer it. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.08, 3314.084, 3314.26, | 7 |
3317.016, 3317.017, 3317.02, 3317.029, 3317.03, 3321.01, and | 8 |
5727.84 of the Revised Code be amended to read as follows: | 9 |
Sec. 3314.08. (A) As used in this section: | 10 |
(1) "Base formula amount" means the amount specified as such | 11 |
in a community school's financial plan for a school year pursuant | 12 |
to division (A)(15) of section 3314.03 of the Revised Code. | 13 |
(2) "IEP" has the same meaning as in section 3323.01 of the | 14 |
Revised Code. | 15 |
(3) "Applicable special education weight" means the multiple | 16 |
specified in section 3317.013 of the Revised Code for a | 17 |
disability described in that section. | 18 |
(4) "Applicable vocational education weight" means: | 19 |
(a) For a student enrolled in vocational education programs | 20 |
or classes described in division (A) of section 3317.014 of the | 21 |
Revised Code, the multiple specified in that division; | 22 |
(b) For a student enrolled in vocational education programs | 23 |
or classes described in division (B) of section 3317.014 of the | 24 |
Revised Code, the multiple specified in that division. | 25 |
(5) "Entitled to attend school" means entitled to attend | 26 |
school in a district under section 3313.64 or 3313.65 of the | 27 |
Revised Code. | 28 |
(6) A community school student is "included in the poverty | 29 |
student count" of a school district if the student is entitled to | 30 |
attend school in the district and the student's family receives | 31 |
assistance under the Ohio works first program. | 32 |
(7) "Poverty-based assistance reduction factor" means the | 33 |
percentage figure, if any, for reducing the per pupil amount of | 34 |
poverty-based assistance a community school is entitled to receive | 35 |
pursuant to divisions (D)(5) to (9) of this section in any year, | 36 |
as specified in the school's financial plan for the year pursuant | 37 |
to division (A)(15) of section 3314.03 of the Revised Code. | 38 |
(8) "All-day kindergarten" has the same meaning as in section | 39 |
40 |
(9) "State education aid" has the same meaning as in section | 41 |
5751.20 of the Revised Code. | 42 |
(B) The state board of education shall adopt rules requiring | 43 |
both of the following: | 44 |
(1) The board of education of each city, exempted village, | 45 |
and local school district to annually report the number of | 46 |
students entitled to attend school in the district who are | 47 |
enrolled in grades one through twelve in a community school | 48 |
established under this chapter, the number of students entitled to | 49 |
attend school in the district who are enrolled in kindergarten in | 50 |
a community school, the number of those kindergartners who are | 51 |
enrolled in all-day kindergarten in their community school, and | 52 |
for each child, the community school in which the child is | 53 |
enrolled. | 54 |
(2) The governing authority of each community school | 55 |
established under this chapter to annually report all of the | 56 |
following: | 57 |
(a) The number of students enrolled in grades one through | 58 |
twelve and the number of students enrolled in kindergarten in the | 59 |
school who are not receiving special education and related | 60 |
services pursuant to an IEP; | 61 |
(b) The number of enrolled students in grades one through | 62 |
twelve and the number of enrolled students in kindergarten, who | 63 |
are receiving special education and related services pursuant to | 64 |
an IEP; | 65 |
(c) The number of students reported under division (B)(2)(b) | 66 |
of this section receiving special education and related services | 67 |
pursuant to an IEP for a disability described in each of | 68 |
divisions (A) to (F) of section 3317.013 of the Revised Code; | 69 |
(d) The number of students in kindergarten reported under | 70 |
divisions (B)(2)(a) and (b) of this section who are enrolled in | 71 |
all-day kindergarten; | 72 |
(e) The full-time equivalent number of students reported | 73 |
under divisions (B)(2)(a) and (b) of this section who are enrolled | 74 |
in vocational education programs or classes described in each of | 75 |
divisions (A) and (B) of section 3317.014 of the Revised Code that | 76 |
are provided by the community school; | 77 |
| 78 |
under divisions (B)(2)(a) and (b) of this section who are not | 79 |
reported
under division (B)(2) | 80 |
enrolled in vocational education programs or classes described in | 81 |
each of divisions (A) and (B) of section 3317.014 of the Revised | 82 |
Code at a joint vocational school district under a contract | 83 |
between the community school and the joint vocational school | 84 |
district and are entitled to attend school in a city, local, or | 85 |
exempted village school district whose territory is part of the | 86 |
territory of the joint vocational district; | 87 |
| 88 |
disabilities receiving special education services in a | 89 |
state-funded unit; | 90 |
| 91 |
| 92 |
school district in which the student is entitled to attend school; | 93 |
| 94 |
applies to a school year. | 95 |
(C) From the state education aid calculated for a city, | 96 |
exempted village, or local school district and, if necessary, | 97 |
from the payment made to the district under sections 321.24 and | 98 |
323.156 of the Revised Code, the department of education shall | 99 |
annually subtract the sum of the amounts described in divisions | 100 |
(C)(1) to (9) of this section. However, when deducting payments | 101 |
on behalf of students enrolled in internet- or computer-based | 102 |
community schools, the department shall deduct only those amounts | 103 |
described in divisions (C)(1) and (2) of this section. | 104 |
Furthermore, the aggregate amount deducted under this division | 105 |
shall not exceed the sum of the district's state education aid | 106 |
and its payment under sections 321.24 and 323.156 of the Revised | 107 |
Code. | 108 |
(1) An amount equal to the sum of the amounts obtained when, | 109 |
for each community school where the district's students are | 110 |
enrolled, the number of the district's students reported under | 111 |
divisions
(B)(2)(a), (b), and | 112 |
enrolled in all-day kindergarten and grades one through twelve, | 113 |
and one-half the number of students reported under those divisions | 114 |
who are enrolled in traditional half-day kindergarten, in that | 115 |
community school is multiplied by the sum of the base formula | 116 |
amount of that community school plus the per pupil amount of | 117 |
the base funding supplements specified in divisions (C)(1) to | 118 |
(4) of section 3317.012 of the Revised Code. | 119 |
(2) The sum of the amounts calculated under divisions | 120 |
(C)(2)(a) and (b) of this section: | 121 |
(a) For each of the district's students reported under | 122 |
division (B)(2)(c) of this section as enrolled in a community | 123 |
school in all-day kindergarten and grades one through twelve and | 124 |
receiving special education and related services pursuant to an | 125 |
IEP for a disability described in section 3317.013 of the Revised | 126 |
Code, the product of the applicable special education weight | 127 |
times the community school's base formula amount; | 128 |
(b) For each of the district's students reported under | 129 |
division (B)(2)(c) of this section as enrolled in traditional | 130 |
half-day kindergarten in a community school and receiving special | 131 |
education and related services pursuant to an IEP for a disability | 132 |
described in section 3317.013 of the Revised Code, one-half of | 133 |
the amount calculated as prescribed in division (C)(2)(a) of | 134 |
this section. | 135 |
(3) For each of the district's students reported under | 136 |
division
(B)(2) | 137 |
under division (D)(4) of this section, the amount of that payment; | 138 |
(4) An amount equal to the sum of the amounts obtained when, | 139 |
for each community school where the district's students are | 140 |
enrolled, the number of the district's students enrolled in that | 141 |
community school who are included in the district's poverty | 142 |
student count is multiplied by the per pupil amount of | 143 |
poverty-based assistance the school district receives that year | 144 |
pursuant to division (C) of section 3317.029 of the Revised Code, | 145 |
as adjusted by any poverty-based assistance reduction factor of | 146 |
that community school. The per pupil amount of that aid for the | 147 |
district shall be calculated by the department. | 148 |
(5) An amount equal to the sum of the amounts obtained when, | 149 |
for each community school where the district's students are | 150 |
enrolled, the district's per pupil amount of aid received under | 151 |
division (E) of section 3317.029 of the Revised Code, as adjusted | 152 |
by any poverty-based assistance reduction factor of the community | 153 |
school, is multiplied by the sum of the following: | 154 |
(a) The number of the district's students reported under | 155 |
division (B)(2)(a) of this section who are enrolled in all-day | 156 |
kindergarten and grades one to three in that community school and | 157 |
who are not receiving special education and related services | 158 |
pursuant to an IEP; | 159 |
(b) One-half of the district's students who are enrolled in | 160 |
161 | |
that community school and who are not receiving special education | 162 |
and related
services
pursuant to an IEP | 163 |
| 164 |
165 | |
166 | |
167 |
The district's per pupil amount of aid under division (E) of | 168 |
section 3317.029 of the Revised Code is the quotient of the amount | 169 |
the district received under that division divided by the | 170 |
district's kindergarten through third grade ADM, as defined in | 171 |
that section. | 172 |
(6) An amount equal to the sum of the amounts obtained when, | 173 |
for each community school where the district's students are | 174 |
enrolled, the district's per pupil amount received under division | 175 |
(F) of section 3317.029 of the Revised Code, as adjusted by any | 176 |
poverty-based assistance reduction factor of that community | 177 |
school, is multiplied by the number of the district's students | 178 |
enrolled in the community school who are identified as | 179 |
limited-English proficient. | 180 |
(7) An amount equal to the sum of the amounts obtained when, | 181 |
for each community school where the district's students are | 182 |
enrolled, the district's per pupil amount received under division | 183 |
(G) of section 3317.029 of the Revised Code, as adjusted by any | 184 |
poverty-based assistance reduction factor of that community | 185 |
school, is multiplied by the sum of the following: | 186 |
(a) The number of the district's students enrolled in all-day | 187 |
kindergarten and grades one through twelve in that community | 188 |
school; | 189 |
(b) One-half of the number of the district's students | 190 |
enrolled in traditional half-day kindergarten in that community | 191 |
school. | 192 |
The district's per pupil amount under division (G) of section | 193 |
3317.029 of the Revised Code is the district's amount per teacher | 194 |
calculated under division (G)(1) or (2) of that section divided by | 195 |
17. | 196 |
(8) An amount equal to the sum of the amounts obtained when, | 197 |
for each community school where the district's students are | 198 |
enrolled, the district's per pupil amount received under divisions | 199 |
(H) and (I) of section 3317.029 of the Revised Code, as adjusted | 200 |
by any poverty-based assistance reduction factor of that community | 201 |
school, is multiplied by the sum of the following: | 202 |
(a) The number of the district's students enrolled in all-day | 203 |
kindergarten and grades one through twelve in that community | 204 |
school; | 205 |
(b) One-half of the number of the district's students | 206 |
enrolled in traditional half-day kindergarten in that community | 207 |
school. | 208 |
The district's per pupil amount under divisions (H) and (I) | 209 |
of section 3317.029 of the Revised Code is the amount calculated | 210 |
under each division divided by the district's formula ADM, as | 211 |
defined in section 3317.02 of the Revised Code. | 212 |
(9) An amount equal to the per pupil state parity aid funding | 213 |
calculated for the school district under either division (C) or | 214 |
(D) of section 3317.0217 of the Revised Code multiplied by the sum | 215 |
of the number of students in all-day kindergarten and grades one | 216 |
through twelve, and one-half of the number of students in | 217 |
traditional half-day kindergarten, who are entitled to attend | 218 |
school in the district and are enrolled in a community school as | 219 |
reported under division (B)(1) of this section. | 220 |
(D) The department shall annually pay to a community school | 221 |
established under this chapter the sum of the amounts described in | 222 |
divisions (D)(1) to (10) of this section. However, the department | 223 |
shall calculate and pay to each internet- or computer-based | 224 |
community school only the amounts described in divisions (D)(1) to | 225 |
(3) of this section. Furthermore, the sum of the payments to all | 226 |
community schools under divisions (D)(1), (2), and (4) to (10) of | 227 |
this section for the students entitled to attend school in any | 228 |
particular school district shall not exceed the sum of that | 229 |
district's state education aid and its payment under sections | 230 |
321.24 and 323.156 of the Revised Code. If the sum of the | 231 |
payments calculated under those divisions for the students | 232 |
entitled to attend school in a particular school district exceeds | 233 |
the sum of that district's state education aid and its payment | 234 |
under sections 321.24 and 323.156 of the Revised Code, the | 235 |
department shall calculate and apply a proration factor to the | 236 |
payments to all community schools under those divisions for the | 237 |
students entitled to attend school in that district. | 238 |
(1) Subject to section 3314.085 of the Revised Code, an | 239 |
amount equal to the sum of the amounts obtained when the number of | 240 |
students enrolled in all-day kindergarten and grades one through | 241 |
twelve in the school, plus one-half of the number of students | 242 |
enrolled in traditional half-day kindergarten | 243 |
school,
reported
under
divisions
(B)(2)(a), (b), and | 244 |
this section who are not receiving special education and related | 245 |
services pursuant to an IEP for a disability described in | 246 |
section 3317.013 of the Revised Code is multiplied by the sum of | 247 |
the community school's base formula amount plus the per pupil | 248 |
amount of the base funding supplements specified in divisions | 249 |
(C)(1) to (4) of section 3317.012 of the Revised Code. | 250 |
(2) | 251 |
252 | |
253 | |
254 |
| 255 |
256 | |
257 | |
258 |
| 259 |
(D)(2) | 260 |
| 261 |
this section as enrolled in the school in all-day kindergarten and | 262 |
grades one through twelve and receiving special education and | 263 |
related services pursuant to an IEP for a disability described in | 264 |
section 3317.013 of the Revised Code, the following amount: | 265 |
266 | |
267 | |
268 | |
269 | |
270 | |
| 271 |
this section as enrolled in traditional half-day kindergarten and | 272 |
receiving special education and related services pursuant to an | 273 |
IEP for a disability described in section 3317.013 of the Revised | 274 |
Code, one-half of the amount calculated under the formula | 275 |
prescribed in
division
(D)(2) | 276 |
(3) An amount received from federal funds to provide special | 277 |
education and related services to students in the community | 278 |
school, as determined by the superintendent of public instruction. | 279 |
(4)
For each student reported under division (B)(2) | 280 |
this section as enrolled in vocational education programs or | 281 |
classes that are described in section 3317.014 of the Revised | 282 |
Code, are provided by the community school, and are comparable as | 283 |
determined by the superintendent of public instruction to school | 284 |
district vocational education programs and classes eligible for | 285 |
state weighted funding under section 3317.014 of the Revised Code, | 286 |
an amount equal to the applicable vocational education weight | 287 |
times the community school's base formula amount times the | 288 |
percentage of time the student spends in the vocational education | 289 |
programs or classes. | 290 |
(5) An amount equal to the sum of the amounts obtained when, | 291 |
for each school district where the community school's students are | 292 |
entitled to attend school, the number of that district's students | 293 |
enrolled in the community school who are included in the | 294 |
district's poverty student count is multiplied by the per pupil | 295 |
amount of poverty-based assistance that school district receives | 296 |
that year pursuant to division (C) of section 3317.029 of the | 297 |
Revised Code, as adjusted by any poverty-based assistance | 298 |
reduction factor of the community school. The per pupil amount of | 299 |
aid shall be determined as described in division (C)(4) of this | 300 |
section. | 301 |
(6) An amount equal to the sum of the amounts obtained when, | 302 |
for each school district where the community school's students are | 303 |
entitled to attend school, the district's per pupil amount of aid | 304 |
received under division (E) of section 3317.029 of the Revised | 305 |
Code, as adjusted by any poverty-based assistance reduction | 306 |
factor of the community school, is multiplied by the sum of the | 307 |
following: | 308 |
(a) The number of the district's students reported under | 309 |
division (B)(2)(a) of this section who are enrolled in all-day | 310 |
kindergarten and grades one to three in that community school and | 311 |
who are not receiving special education and related services | 312 |
pursuant to an IEP; | 313 |
(b) One-half of the district's students who are enrolled in | 314 |
315 | |
that community school and who are not receiving special education | 316 |
and related
services
pursuant to an IEP | 317 |
| 318 |
319 | |
320 | |
321 |
The district's per pupil amount of aid under division (E) of | 322 |
section 3317.029 of the Revised Code shall be determined as | 323 |
described in division (C)(5) of this section. | 324 |
(7) An amount equal to the sum of the amounts obtained when, | 325 |
for each school district where the community school's students are | 326 |
entitled to attend school, the number of that district's students | 327 |
enrolled in the community school who are identified as | 328 |
limited-English proficient is multiplied by the district's per | 329 |
pupil amount received under division (F) of section 3317.029 of | 330 |
the Revised Code, as adjusted by any poverty-based assistance | 331 |
reduction factor of the community school. | 332 |
(8) An amount equal to the sum of the amounts obtained when, | 333 |
for each school district where the community school's students are | 334 |
entitled to attend school, the district's per pupil amount | 335 |
received under division (G) of section 3317.029 of the Revised | 336 |
Code, as adjusted by any poverty-based assistance reduction factor | 337 |
of the community school, is multiplied by the sum of the | 338 |
following: | 339 |
(a) The number of the district's students enrolled in all-day | 340 |
kindergarten and grades one through twelve in that community | 341 |
school; | 342 |
(b) One-half of the number of the district's students | 343 |
enrolled in traditional half-day kindergarten in that community | 344 |
school. | 345 |
The district's per pupil amount under division (G) of section | 346 |
3317.029 of the Revised Code shall be determined as described in | 347 |
division (C)(7) of this section. | 348 |
(9) An amount equal to the sum of the amounts obtained when, | 349 |
for each school district where the community school's students are | 350 |
entitled to attend school, the district's per pupil amount | 351 |
received under divisions (H) and (I) of section 3317.029 of the | 352 |
Revised Code, as adjusted by any poverty-based assistance | 353 |
reduction factor of the community school, is multiplied by the sum | 354 |
of the following: | 355 |
(a) The number of the district's students enrolled in all-day | 356 |
kindergarten and grades one through twelve in that community | 357 |
school; | 358 |
(b) One-half of the number of the district's students | 359 |
enrolled in traditional half-day kindergarten in that community | 360 |
school. | 361 |
The district's per pupil amount under divisions (H) and (I) | 362 |
of section 3317.029 of the Revised Code shall be determined as | 363 |
described in division (C)(8) of this section. | 364 |
(10) An amount equal to the sum of the amounts obtained when, | 365 |
for each school district where the community school's students are | 366 |
entitled to attend school, the district's per pupil amount of | 367 |
state parity aid funding calculated under either division (C) or | 368 |
(D) of section 3317.0217 of the Revised Code is multiplied by the | 369 |
sum of the number of that district's students enrolled in all-day | 370 |
kindergarten and grades one through twelve, and one-half of the | 371 |
number of that district's students enrolled in traditional | 372 |
half-day kindergarten, in the community school as reported under | 373 |
division (B)(2)(a) and (b) of this section. | 374 |
(E)(1) If a community school's costs for a fiscal year for a | 375 |
student receiving special education and related services pursuant | 376 |
to an IEP for a disability described in divisions (B) to (F) of | 377 |
section 3317.013 of the Revised Code exceed the threshold | 378 |
catastrophic cost for serving the student as specified in division | 379 |
(C)(3)(b) of section 3317.022 of the Revised Code, the school may | 380 |
submit to the superintendent of public instruction documentation, | 381 |
as prescribed by the superintendent, of all its costs for that | 382 |
student. Upon submission of documentation for a student of the | 383 |
type and in the manner prescribed, the department shall pay to the | 384 |
community school an amount equal to the school's costs for the | 385 |
student in excess of the threshold catastrophic costs. | 386 |
(2) The community school shall only report under division | 387 |
(E)(1) of this section, and the department shall only pay for, the | 388 |
costs of educational expenses and the related services provided to | 389 |
the student in accordance with the student's individualized | 390 |
education program. Any legal fees, court costs, or other costs | 391 |
associated with any cause of action relating to the student may | 392 |
not be included in the amount. | 393 |
(F) A community school may apply to the department of | 394 |
education for preschool children with disabilities or gifted unit | 395 |
funding the school would receive if it were a school district. | 396 |
Upon request of its governing authority, a community school that | 397 |
received unit funding as a school district-operated school before | 398 |
it became a community school shall retain any units awarded to it | 399 |
as a school district-operated school provided the school | 400 |
continues to meet eligibility standards for the unit. | 401 |
A community school shall be considered a school district and | 402 |
its governing authority shall be considered a board of education | 403 |
for the purpose of applying to any state or federal agency for | 404 |
grants that a school district may receive under federal or state | 405 |
law or any appropriations act of the general assembly. The | 406 |
governing authority of a community school may apply to any private | 407 |
entity for additional funds. | 408 |
(G) A board of education sponsoring a community school may | 409 |
utilize local funds to make enhancement grants to the school or | 410 |
may agree, either as part of the contract or separately, to | 411 |
provide any specific services to the community school at no cost | 412 |
to the school. | 413 |
(H) A community school may not levy taxes or issue bonds | 414 |
secured by tax revenues. | 415 |
(I) No community school shall charge tuition for the | 416 |
enrollment of any student. | 417 |
(J)(1)(a) A community school may borrow money to pay any | 418 |
necessary and actual expenses of the school in anticipation of the | 419 |
receipt of any portion of the payments to be received by the | 420 |
school pursuant to division (D) of this section. The school may | 421 |
issue notes to evidence such borrowing. The proceeds of the notes | 422 |
shall be used only for the purposes for which the anticipated | 423 |
receipts may be lawfully expended by the school. | 424 |
(b) A school may also borrow money for a term not to exceed | 425 |
fifteen years for the purpose of acquiring facilities. | 426 |
(2) Except for any amount guaranteed under section 3318.50 of | 427 |
the Revised Code, the state is not liable for debt incurred by the | 428 |
governing authority of a community school. | 429 |
(K) For purposes of determining the number of students for | 430 |
which divisions (D)(5) and (6) of this section applies in any | 431 |
school year, a community school may submit to the department of | 432 |
job and family services, no later than the first day of March, a | 433 |
list of the students enrolled in the school. For each student on | 434 |
the list, the community school shall indicate the student's name, | 435 |
address, and date of birth and the school district where the | 436 |
student is entitled to attend school. Upon receipt of a list under | 437 |
this division, the department of job and family services shall | 438 |
determine, for each school district where one or more students on | 439 |
the list is entitled to attend school, the number of students | 440 |
residing in that school district who were included in the | 441 |
department's report under section 3317.10 of the Revised Code. The | 442 |
department shall make this determination on the basis of | 443 |
information readily available to it. Upon making this | 444 |
determination and no later than ninety days after submission of | 445 |
the list by the community school, the department shall report to | 446 |
the state department of education the number of students on the | 447 |
list who reside in each school district who were included in the | 448 |
department's report under section 3317.10 of the Revised Code. In | 449 |
complying with this division, the department of job and family | 450 |
services shall not report to the state department of education any | 451 |
personally identifiable information on any student. | 452 |
(L) The department of education shall adjust the amounts | 453 |
subtracted and paid under divisions (C) and (D) of this section to | 454 |
reflect any enrollment of students in community schools for less | 455 |
than the equivalent of a full school year. The state board of | 456 |
education within ninety days after April 8, 2003, shall adopt in | 457 |
accordance with Chapter 119. of the Revised Code rules governing | 458 |
the payments to community schools
under this section | 459 |
460 | |
school year and adjustments and reductions made in subsequent | 461 |
periodic payments to community schools and corresponding | 462 |
deductions from school district accounts as provided under | 463 |
divisions (C) and (D)
of this
section | 464 |
465 | |
466 |
(1) A student shall be considered enrolled in the community | 467 |
school for any portion of the school year the student is | 468 |
participating at a college under Chapter 3365. of the Revised | 469 |
Code. | 470 |
(2) A student shall be considered to be enrolled in a | 471 |
community school during a school year for the period of time | 472 |
beginning on the later of the date on which the school both has | 473 |
received documentation of the student's enrollment from a parent | 474 |
and the student has commenced participation in learning | 475 |
opportunities as defined in the contract with the sponsor, or | 476 |
thirty days prior to the date on which the student is entered into | 477 |
the education management information system established under | 478 |
section 3301.0714 of the Revised Code. For purposes of applying | 479 |
this division and division (L)(3) of this section to a community | 480 |
school student, "learning opportunities" shall be defined in the | 481 |
contract, which shall describe both classroom-based and | 482 |
non-classroom-based learning opportunities and shall be in | 483 |
compliance with criteria and documentation requirements for | 484 |
student participation which shall be established by the | 485 |
department. Any student's instruction time in non-classroom-based | 486 |
learning opportunities shall be certified by an employee of the | 487 |
community school. A student's enrollment shall be considered to | 488 |
cease on the date on which any of the following occur: | 489 |
(a) The community school receives documentation from a parent | 490 |
terminating enrollment of the student. | 491 |
(b) The community school is provided documentation of a | 492 |
student's enrollment in another public or private school. | 493 |
(c) The community school ceases to offer learning | 494 |
opportunities to the student pursuant to the terms of the contract | 495 |
with the sponsor or the operation of any provision of this | 496 |
chapter. | 497 |
(3) The department shall determine each community school | 498 |
student's percentage of full-time equivalency based on the | 499 |
percentage of learning opportunities offered by the community | 500 |
school to that student, reported either as number of hours or | 501 |
number of days, is of the total learning opportunities offered | 502 |
by the community school to a student who attends for the school's | 503 |
entire school year. However, no internet- or computer-based | 504 |
community school shall be credited for any time a student spends | 505 |
participating in learning opportunities beyond ten hours within | 506 |
any period of twenty-four consecutive hours. Whether it reports | 507 |
hours or days of learning opportunities, each community school | 508 |
shall offer not less than nine hundred twenty hours of learning | 509 |
opportunities during the school year. | 510 |
(M) The department of education shall reduce the amounts paid | 511 |
under division (D) of this section to reflect payments made to | 512 |
colleges under division (B) of section 3365.07 of the Revised | 513 |
Code. | 514 |
(N)(1) No student shall be considered enrolled in any | 515 |
internet- or computer-based community school or, if applicable to | 516 |
the student, in any community school that is required to provide | 517 |
the student with a computer pursuant to division (C) of section | 518 |
3314.22 of the Revised Code, unless both of the following | 519 |
conditions are satisfied: | 520 |
(a) The student possesses or has been provided with all | 521 |
required hardware and software materials and all such materials | 522 |
are operational so that the student is capable of fully | 523 |
participating in the learning opportunities specified in the | 524 |
contract between the school and the school's sponsor as required | 525 |
by division (A)(23) of section 3314.03 of the Revised Code; | 526 |
(b) The school is in compliance with division (A) of section | 527 |
3314.22 of the Revised Code, relative to such student. | 528 |
(2) In accordance with policies adopted jointly by the | 529 |
superintendent of public instruction and the auditor of state, the | 530 |
department shall reduce the amounts otherwise payable under | 531 |
division (D) of this section to any community school that includes | 532 |
in its program the provision of computer hardware and software | 533 |
materials to any student, if such hardware and software materials | 534 |
have not been delivered, installed, and activated for each such | 535 |
student in a timely manner or other educational materials or | 536 |
services have not been provided according to the contract between | 537 |
the individual community school and its sponsor. | 538 |
The superintendent of public instruction and the auditor of | 539 |
state shall jointly establish a method for auditing any community | 540 |
school to which this division pertains to ensure compliance with | 541 |
this section. | 542 |
The superintendent, auditor of state, and the governor shall | 543 |
jointly make recommendations to the general assembly for | 544 |
legislative changes that may be required to assure fiscal and | 545 |
academic accountability for such schools. | 546 |
(O)(1) If the department determines that a review of a | 547 |
community school's enrollment is necessary, such review shall be | 548 |
completed and written notice of the findings shall be provided to | 549 |
the governing authority of the community school and its sponsor | 550 |
within ninety days of the end of the community school's fiscal | 551 |
year, unless extended for a period not to exceed thirty additional | 552 |
days for one of the following reasons: | 553 |
(a) The department and the community school mutually agree to | 554 |
the extension. | 555 |
(b) Delays in data submission caused by either a community | 556 |
school or its sponsor. | 557 |
(2) If the review results in a finding that additional | 558 |
funding is owed to the school, such payment shall be made within | 559 |
thirty days of the written notice. If the review results in a | 560 |
finding that the community school owes moneys to the state, the | 561 |
following procedure shall apply: | 562 |
(a) Within ten business days of the receipt of the notice of | 563 |
findings, the community school may appeal the department's | 564 |
determination to the state board of education or its designee. | 565 |
(b) The board or its designee shall conduct an informal | 566 |
hearing on the matter within thirty days of receipt of such an | 567 |
appeal and shall issue a decision within fifteen days of the | 568 |
conclusion of the hearing. | 569 |
(c) If the board has enlisted a designee to conduct the | 570 |
hearing, the designee shall certify its decision to the board. The | 571 |
board may accept the decision of the designee or may reject the | 572 |
decision of the designee and issue its own decision on the matter. | 573 |
(d) Any decision made by the board under this division is | 574 |
final. | 575 |
(3) If it is decided that the community school owes moneys to | 576 |
the state, the department shall deduct such amount from the | 577 |
school's future payments in accordance with guidelines issued by | 578 |
the superintendent of public instruction. | 579 |
| 580 |
district's state aid account under division (C) of this section | 581 |
and shall not pay to a community school under division (D) of this | 582 |
section any amount for any of the following: | 583 |
(1) Any student who has graduated from the twelfth grade of a | 584 |
public or nonpublic high school; | 585 |
(2) Any student who is not a resident of the state; | 586 |
(3) Any student who was enrolled in the community school | 587 |
during the previous school year when tests were administered under | 588 |
section 3301.0711 of the Revised Code but did not take one or more | 589 |
of the tests required by that section and was not excused pursuant | 590 |
to division (C)(1) or (3) of that section, unless the | 591 |
superintendent of public instruction grants the student a waiver | 592 |
from the requirement to take the test and a parent is not paying | 593 |
tuition for the student pursuant to section 3314.26 of the Revised | 594 |
Code. The superintendent may grant a waiver only for good cause in | 595 |
accordance with rules adopted by the state board of education. | 596 |
(4) Any student who has attained the age of twenty-two years, | 597 |
except for veterans of the armed services whose attendance was | 598 |
interrupted before completing the recognized twelve-year course of | 599 |
the public schools by reason of induction or enlistment in the | 600 |
armed forces and who apply for enrollment in a community school | 601 |
not later than four years after termination of war or their | 602 |
honorable discharge. If, however, any such veteran elects to | 603 |
enroll in special courses organized for veterans for whom tuition | 604 |
is paid under federal law, or otherwise, the department shall not | 605 |
subtract from a school district's state aid account under division | 606 |
(C) of this section and shall not pay to a community school under | 607 |
division (D) of this section any amount for that veteran. | 608 |
Sec. 3314.084. (A) As used in this section: | 609 |
(1) "Formula ADM" has the same meaning as in section 3317.03 | 610 |
of the Revised Code. | 611 |
(2) "Home" has the same meaning as in section 3313.64 of the | 612 |
Revised Code. | 613 |
(3) "School district of residence" has the same meaning as in | 614 |
section 3323.01 of the Revised Code; however, a community school | 615 |
established under this chapter is not a "school district of | 616 |
residence" for purposes of this section. | 617 |
(B) Notwithstanding anything to the contrary in section | 618 |
3314.08 or 3317.03 of the Revised Code, all of the following apply | 619 |
in the case of a child who is enrolled in a community school and | 620 |
is also living in a home: | 621 |
(1) For purposes of the report required under division (B)(1) | 622 |
of section 3314.08 of the Revised Code, the child's school | 623 |
district of residence, and not the school district in which the | 624 |
home that the child is living in is located, shall be considered | 625 |
to be the school district in which the child is entitled to attend | 626 |
school. That school district of residence, therefore, shall make | 627 |
the report required under division (B)(1) of section 3314.08 of | 628 |
the Revised Code with respect to the child. | 629 |
(2) For purposes of the report required under division (B)(2) | 630 |
of section 3314.08 of the Revised Code, the community school shall | 631 |
report the name of the child's school district of residence. | 632 |
(3) The child's school district of residence shall count the | 633 |
child in that district's formula ADM. | 634 |
(4) The school district in which the home that the child is | 635 |
living in is located shall not count the child in that district's | 636 |
formula ADM. | 637 |
(5) The | 638 |
deduct the applicable amounts prescribed under division (C) of | 639 |
section 3314.08 | 640 |
Code from the child's school district of residence and shall not | 641 |
deduct those amounts from the school district in which the home | 642 |
that the child is living in is located. | 643 |
(6) The | 644 |
prescribed in divisions (D) and (E) of section 3314.08 | 645 |
646 | |
school. | 647 |
Sec. 3314.26. (A) Each internet- or computer-based community | 648 |
school shall withdraw from the school any student who, for two | 649 |
consecutive school years, has failed to participate in the spring | 650 |
administration of any test prescribed under section 3301.0710 or | 651 |
3301.0712 of the Revised Code for the student's grade level and | 652 |
was not excused from the test pursuant to division (C)(1) or (3) | 653 |
of section 3301.0711 of the Revised Code, regardless of whether a | 654 |
waiver was granted for the student under division | 655 |
section 3314.08 of the Revised Code. The school shall report any | 656 |
such student's data verification code, as assigned pursuant to | 657 |
section 3301.0714 of the Revised Code, to the department of | 658 |
education. The department shall maintain a list of all data | 659 |
verification codes reported under this division and section | 660 |
3313.6410 of the Revised Code and provide that list to each | 661 |
internet- or computer-based community school and to each school to | 662 |
which section 3313.6410 of the Revised Code applies. | 663 |
(B) No internet- or computer-based community school shall | 664 |
receive any state funds under this chapter for any enrolled | 665 |
student whose data verification code appears on the list | 666 |
maintained by the department under division (A) of this section. | 667 |
Notwithstanding any provision of the Revised Code to the | 668 |
contrary, the parent of any such student shall pay tuition to the | 669 |
internet- or computer-based community school in an amount equal to | 670 |
the state funds the school otherwise would receive for that | 671 |
student, as determined by the department. An internet- or | 672 |
computer-based community school may withdraw any student for whom | 673 |
the parent does not pay tuition as required by this division. | 674 |
Sec. 3317.016. In addition to its form SF-3, or any successor | 675 |
to that form, the department of education shall publish on its web | 676 |
site a spreadsheet for each school district that specifies the | 677 |
constituent components of the district's "building blocks" funds, | 678 |
as follows: | 679 |
(A) For compensation of base classroom teachers, as described | 680 |
in division (B)(1) of section 3317.012 of the Revised Code, each | 681 |
spreadsheet shall specify the district's aggregate and per pupil | 682 |
amounts of state funds and of combined state and local funds, the | 683 |
average compensation decided by the general assembly for base | 684 |
classroom teachers, as specified in that division, and the number | 685 |
of base classroom teachers attributable to the district based on | 686 |
the student-teacher ratio decided by the general assembly, as | 687 |
specified in that division. | 688 |
(B) Each spreadsheet shall specify the district's aggregate | 689 |
and per pupil amounts of state funds and of combined state and | 690 |
local funds for each of the following: | 691 |
(1) Other personnel support, as described in division (B)(2) | 692 |
of section 3317.012 of the Revised Code; | 693 |
(2) Nonpersonnel support, as described in division (B)(3) of | 694 |
that section; | 695 |
(3) Academic intervention services, as described in division | 696 |
(C)(1) of that section; | 697 |
(4) Professional development, as described in division (C)(2) | 698 |
of that section; | 699 |
(5) Data-based decision making, as described in division | 700 |
(C)(3) of that section; | 701 |
(6) Professional development for data-based decision making, | 702 |
as described in division (C)(4) of that section. | 703 |
(C) Each spreadsheet shall separately specify the district's | 704 |
aggregate and per pupil state funds for each of the following | 705 |
components of poverty-based assistance under section 3317.029 of | 706 |
the Revised Code: | 707 |
(1) Academic intervention funding under division (C) of that | 708 |
section; | 709 |
(2) | 710 |
| 711 |
division (E) of that section; | 712 |
| 713 |
division (F) of that section; | 714 |
| 715 |
section; | 716 |
| 717 |
| 718 |
| 719 |
division (K) of that section. | 720 |
Sec. 3317.017. (A) Not later than July 1, 2006, the | 721 |
superintendent of public instruction shall adopt a rule under | 722 |
which the superintendent may issue an order with respect to the | 723 |
spending, by a school district declared to be under an academic | 724 |
watch or in a state of academic emergency under section 3302.03 of | 725 |
the Revised Code, of the following state building block funds | 726 |
intended to pay instructional-related costs: | 727 |
(1) State funds for compensation of base classroom teachers, | 728 |
as described in division (B)(1) of section 3317.012 of the Revised | 729 |
Code; | 730 |
(2) State funds for academic intervention services under | 731 |
division (C)(1) of section 3317.012 and division (C) of section | 732 |
3317.029 of the Revised Code; | 733 |
(3) State funds for professional development under divisions | 734 |
(C)(2) and (4) of section 3317.012 and division (G) of section | 735 |
3317.029 of the Revised Code; | 736 |
(4) State funds for data based decision making under division | 737 |
(C)(3) of section 3317.012 of the Revised Code; | 738 |
(5) | 739 |
740 |
| 741 |
opportunities under division (E) of section 3317.029 of the | 742 |
Revised Code; | 743 |
| 744 |
students under division (F) of section 3317.029 of the Revised | 745 |
Code; | 746 |
| 747 |
of section 3317.029 of the Revised Code; | 748 |
| 749 |
of section 3317.029 of the Revised Code; | 750 |
| 751 |
gap under division (K) of section 3317.029 of the Revised Code. | 752 |
(B) The rule shall authorize the superintendent of public | 753 |
instruction to issue an order that does one or a combination of | 754 |
the following: | 755 |
(1) Requires the school district to periodically report to | 756 |
the superintendent of public instruction on its spending of the | 757 |
state funds paid for each building blocks component described in | 758 |
divisions (A)(1) to | 759 |
(2) Requires the district to establish a separate account for | 760 |
each of the building blocks components described in divisions | 761 |
(A)(1) to | 762 |
credit the state funds paid for each; | 763 |
(3) Directs the district's spending of any or all of the | 764 |
state funds paid for the components described in divisions (A)(1) | 765 |
to | 766 |
requirements of sections 3317.012 and 3317.029 of the Revised | 767 |
Code. | 768 |
(C) The rule shall specify situations in which the | 769 |
superintendent may issue an order and the types of orders the | 770 |
superintendent will issue for each of those situations. The rule, | 771 |
however, shall authorize the superintendent to issue orders in | 772 |
situations that are not enumerated or described in the rule. | 773 |
(D) The board of education of each school district to which | 774 |
the superintendent of public instruction issues an order pursuant | 775 |
to the rule adopted under this section shall comply with that | 776 |
order. | 777 |
Sec. 3317.02. As used in this chapter: | 778 |
(A) Unless otherwise specified, "school district" means city, | 779 |
local, and exempted village school districts. | 780 |
(B) "Formula amount" means the base cost for the fiscal year | 781 |
specified in division (B)(4) of section 3317.012 of the Revised | 782 |
Code. | 783 |
(C) "FTE basis" means a count of students based on full-time | 784 |
equivalency, in accordance with rules adopted by the department of | 785 |
education pursuant to section 3317.03 of the Revised Code. Each | 786 |
student enrolled in traditional half-day kindergarten shall be | 787 |
counted as one-half of one full-time equivalent student, and each | 788 |
student enrolled in all-day kindergarten shall be counted as one | 789 |
full-time equivalent student. In adopting its rules under this | 790 |
division, the department shall provide for counting any student in | 791 |
category one, two, three, four, five, or six special education ADM | 792 |
or in category one or two vocational education ADM in the same | 793 |
proportion the student is counted in formula ADM. | 794 |
(D) "Formula ADM" means, for a city, local, or exempted | 795 |
village school district, the final number verified by the | 796 |
superintendent of public instruction, based on the number reported | 797 |
pursuant to division (A) of section 3317.03 of the Revised Code, | 798 |
as adjusted, if so ordered, under division (K) of that section. | 799 |
"Formula ADM" means, for a joint vocational school district, the | 800 |
final number verified by the superintendent of public | 801 |
instruction, based on the number reported pursuant to division (D) | 802 |
of section 3317.03 of the Revised Code, as adjusted, if so | 803 |
ordered, under division (K) of that section. Beginning in fiscal | 804 |
year 2007, for payments in which formula ADM is a factor, the | 805 |
formula ADM for each school district for the fiscal year is the | 806 |
sum of one-half of the number verified and adjusted for October | 807 |
of that fiscal year plus one-half of the average of the numbers | 808 |
verified and adjusted for October and February of that fiscal | 809 |
year. | 810 |
(E) "Three-year average formula ADM" means the average of | 811 |
formula ADMs for the preceding three fiscal years. | 812 |
(F)(1) "Category one special education ADM" means the average | 813 |
daily membership of children with disabilities receiving special | 814 |
education services for the disability specified in division (A) | 815 |
of section 3317.013 of the Revised Code and reported under | 816 |
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised | 817 |
Code. Beginning in fiscal year 2007, the district's category one | 818 |
special education ADM for a fiscal year is the sum of one-half of | 819 |
the number reported for October of that fiscal year plus one-half | 820 |
of the average of the numbers reported for October and February | 821 |
of that fiscal year. | 822 |
(2) "Category two special education ADM" means the average | 823 |
daily membership of children with disabilities receiving special | 824 |
education services for those disabilities specified in division | 825 |
(B) of section 3317.013 of the Revised Code and reported under | 826 |
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 827 |
Code. Beginning in fiscal year 2007, the district's category two | 828 |
special education ADM for a fiscal year is the sum of one-half of | 829 |
the number reported for October of that fiscal year plus one-half | 830 |
of the average of the numbers reported for October and February | 831 |
of that fiscal year. | 832 |
(3) "Category three special education ADM" means the average | 833 |
daily membership of students receiving special education services | 834 |
for those disabilities specified in division (C) of section | 835 |
3317.013 of the Revised Code, and reported under division (B)(7) | 836 |
or (D)(2)(d) of section 3317.03 of the Revised Code. Beginning in | 837 |
fiscal year 2007, the district's category three special education | 838 |
ADM for a fiscal year is the sum of one-half of the number | 839 |
reported for October of that fiscal year plus one-half of the | 840 |
average of the numbers reported for October and February of that | 841 |
fiscal year. | 842 |
(4) "Category four special education ADM" means the average | 843 |
daily membership of students receiving special education services | 844 |
for those disabilities specified in division (D) of section | 845 |
3317.013 of the Revised Code and reported under division (B)(8) | 846 |
or (D)(2)(e) of section 3317.03 of the Revised Code. Beginning in | 847 |
fiscal year 2007, the district's category four special education | 848 |
ADM for a fiscal year is the sum of one-half of the number | 849 |
reported for October of that fiscal year plus one-half of the | 850 |
average of the numbers reported for October and February of that | 851 |
fiscal year. | 852 |
(5) "Category five special education ADM" means the average | 853 |
daily membership of students receiving special education services | 854 |
for the disabilities specified in division (E) of section | 855 |
3317.013 of the Revised Code and reported under division (B)(9) or | 856 |
(D)(2)(f) of section 3317.03 of the Revised Code. Beginning in | 857 |
fiscal year 2007, the district's category five special education | 858 |
ADM for a fiscal year is the sum of one-half of the number | 859 |
reported for October of that fiscal year plus one-half of the | 860 |
average of the numbers reported for October and February of that | 861 |
fiscal year. | 862 |
(6) "Category six special education ADM" means the average | 863 |
daily membership of students receiving special education services | 864 |
for the disabilities specified in division (F) of section | 865 |
3317.013 of the Revised Code and reported under division (B)(10) | 866 |
or (D)(2)(g) of section 3317.03 of the Revised Code. Beginning in | 867 |
fiscal year 2007, the district's category six special education | 868 |
ADM for a fiscal year is the sum of one-half of the number | 869 |
reported for October of that fiscal year plus one-half of the | 870 |
average of the numbers reported for October and February of that | 871 |
fiscal year. | 872 |
(7) "Category one vocational education ADM" means the average | 873 |
daily membership of students receiving vocational education | 874 |
services described in division (A) of section 3317.014 of the | 875 |
Revised Code and reported under division (B)(11) or (D)(2)(h) of | 876 |
section 3317.03 of the Revised Code. Beginning in fiscal year | 877 |
2007, the district's category one vocational education ADM for a | 878 |
fiscal year is the sum of one-half of the number reported for | 879 |
October of that fiscal year plus one-half of the average of the | 880 |
numbers reported for October and February of that fiscal year. | 881 |
(8) "Category two vocational education ADM" means the average | 882 |
daily membership of students receiving vocational education | 883 |
services described in division (B) of section 3317.014 of the | 884 |
Revised Code and reported under division (B)(12) or (D)(2)(i) of | 885 |
section 3317.03 of the Revised Code. Beginning in fiscal year | 886 |
2007, the district's category two vocational education ADM for a | 887 |
fiscal year is the sum of one-half of the number reported for | 888 |
October of that fiscal year plus one-half of the average of the | 889 |
numbers reported for October and February of that fiscal year. | 890 |
(G) "Preschool child with a disability" means a child with | 891 |
a disability, as defined in section 3323.01 of the Revised Code, | 892 |
who is at least age three but is not of compulsory school age, as | 893 |
defined in section 3321.01 of the Revised Code, and who is not | 894 |
currently enrolled in kindergarten. | 895 |
(H) "County MR/DD board" means a county board of mental | 896 |
retardation and developmental disabilities. | 897 |
(I) "Recognized valuation" means the amount calculated for a | 898 |
school district pursuant to section 3317.015 of the Revised Code. | 899 |
(J) "Transportation ADM" means the number of children | 900 |
reported under division (B)(13) of section 3317.03 of the Revised | 901 |
Code. | 902 |
(K) "Average efficient transportation use cost per student" | 903 |
means a statistical representation of transportation costs as | 904 |
calculated under division (D)(2) of section 3317.022 of the | 905 |
Revised Code. | 906 |
(L) "Taxes charged and payable" means the taxes charged and | 907 |
payable against real and public utility property after making the | 908 |
reduction required by section 319.301 of the Revised Code, plus | 909 |
the taxes levied against tangible personal property. | 910 |
(M) "Total taxable value" means the sum of the amounts | 911 |
certified for a city, local, exempted village, or joint vocational | 912 |
school district under divisions (A)(1) and (2) of section 3317.021 | 913 |
of the Revised Code. | 914 |
(N) "Tax exempt value" of a school district means the amount | 915 |
certified for a school district under division (A)(4) of section | 916 |
3317.021 of the Revised Code. | 917 |
(O) "Potential value" of a school district means the | 918 |
recognized valuation of a school district plus the tax exempt | 919 |
value of the district. | 920 |
(P) "District median income" means the median Ohio adjusted | 921 |
gross income certified for a school district. On or before the | 922 |
first day of July of each year, the tax commissioner shall | 923 |
certify to the department of education and the office of budget | 924 |
and management for each city, exempted village, and local school | 925 |
district the median Ohio adjusted gross income of the residents | 926 |
of the school district determined on the basis of tax returns | 927 |
filed for the second preceding tax year by the residents of the | 928 |
district. | 929 |
(Q) "Statewide median income" means the median district | 930 |
median income of all city, exempted village, and local school | 931 |
districts in the state. | 932 |
(R) "Income factor" for a city, exempted village, or local | 933 |
school district means the quotient obtained by dividing that | 934 |
district's median income by the statewide median income. | 935 |
(S) "Medically fragile child" means a child to whom all of | 936 |
the following apply: | 937 |
(1) The child requires the services of a doctor of medicine | 938 |
or osteopathic medicine at least once a week due to the | 939 |
instability of the child's medical condition. | 940 |
(2) The child requires the services of a registered nurse on | 941 |
a daily basis. | 942 |
(3) The child is at risk of institutionalization in a | 943 |
hospital, skilled nursing facility, or intermediate care facility | 944 |
for the mentally retarded. | 945 |
(T) A child may be identified as having an "other health | 946 |
impairment-major" if the child's condition meets the definition | 947 |
of "other health impaired" established in rules adopted by the | 948 |
state board of education prior to July 1, 2001, and if either of | 949 |
the following apply: | 950 |
(1) The child is identified as having a medical condition | 951 |
that is among those listed by the superintendent of public | 952 |
instruction as conditions where a substantial majority of cases | 953 |
fall within the definition of "medically fragile child." The | 954 |
superintendent of public instruction shall issue an initial list | 955 |
no later than September 1, 2001. | 956 |
(2) The child is determined by the superintendent of public | 957 |
instruction to be a medically fragile child. A school district | 958 |
superintendent may petition the superintendent of public | 959 |
instruction for a determination that a child is a medically | 960 |
fragile child. | 961 |
(U) A child may be identified as having an "other health | 962 |
impairment-minor" if the child's condition meets the definition | 963 |
of "other health impaired" established in rules adopted by the | 964 |
state board of education prior to July 1, 2001, but the child's | 965 |
condition does not meet either of the conditions specified in | 966 |
division (T)(1) or (2) of this section. | 967 |
(V) "State education aid" has the same meaning as in section | 968 |
5751.20 of the Revised Code. | 969 |
(W) "Property exemption value" means zero in fiscal year | 970 |
2006, and in fiscal year 2007 and each fiscal year thereafter, the | 971 |
amount certified for a school district under divisions (A)(6) and | 972 |
(7) of section 3317.021 of the Revised Code. | 973 |
(X) "Internet- or computer-based community school" has the | 974 |
same meaning as in section 3314.02 of the Revised Code. | 975 |
(Y) "All-day kindergarten" means a kindergarten class that is | 976 |
in session five days per week for not less than the same number of | 977 |
clock hours each day as for pupils in grades one through six. | 978 |
Sec. 3317.029. (A) As used in this section: | 979 |
(1) "Poverty percentage" means the quotient obtained by | 980 |
dividing the average number of children ages five to seventeen | 981 |
residing in the school district and living in a family receiving | 982 |
assistance under the Ohio works first program or an antecedent | 983 |
program known as TANF or ADC for the preceding five years, as | 984 |
certified or adjusted under section 3317.10 of the Revised Code, | 985 |
by the district's three-year average formula ADM. | 986 |
(2) "Statewide poverty percentage" means the average of the | 987 |
total number of children ages five to seventeen years residing in | 988 |
the state and receiving assistance under the Ohio works first | 989 |
program or an antecedent program known as TANF or ADC for the | 990 |
preceding five years, divided by the sum of the three-year | 991 |
average formula ADMs for all school districts in the state. | 992 |
(3) "Poverty index" means the quotient obtained by dividing | 993 |
the school district's poverty percentage by the statewide poverty | 994 |
percentage. | 995 |
(4) "Poverty student count" means the average number of | 996 |
children ages five to seventeen residing in the school district | 997 |
and living in a family receiving assistance under the Ohio works | 998 |
first program or an antecedent program known as TANF or ADC for | 999 |
the preceding five years, as certified under section 3317.10 of | 1000 |
the Revised Code. | 1001 |
(5) | 1002 |
1003 | |
1004 | |
1005 | |
1006 |
| 1007 |
calculated as follows: | 1008 |
(a) | 1009 |
1010 |
| 1011 |
through three; | 1012 |
| 1013 |
1014 |
(b) The number of special education students in grades | 1015 |
kindergarten through three. | 1016 |
"Kindergarten through third grade ADM" shall not include any | 1017 |
students reported under division (B)(3)(e), (f), or (g) of section | 1018 |
3317.03 of the Revised Code. | 1019 |
| 1020 |
1021 | |
1022 |
| 1023 |
1024 | |
1025 |
| 1026 |
students reported under section 3317.03 of the Revised Code as | 1027 |
enrolled in all-day kindergarten, excluding any kindergarten | 1028 |
students reported under division (B)(3)(e), (f), or (g) of that | 1029 |
section. | 1030 |
| 1031 |
the number of district-operated buildings in the school district | 1032 |
designated under section 3302.03 of the Revised Code as in a state | 1033 |
of academic watch or academic emergency, divided by the total | 1034 |
number of buildings in the district that were open for instruction | 1035 |
during the same school year to which the ratings apply. | 1036 |
| 1037 |
quotient of the statewide number of school district buildings and | 1038 |
community schools designated under section 3302.03 of the Revised | 1039 |
Code as in a state of academic watch or academic emergency, | 1040 |
divided by the statewide total number of school district buildings | 1041 |
and community schools that were open for instruction during the | 1042 |
same school year to which the ratings apply. | 1043 |
| 1044 |
school district's academic distress percentage, divided by the | 1045 |
statewide academic distress percentage. | 1046 |
| 1047 |
means the school buildings in a district that meet either of the | 1048 |
following criteria: | 1049 |
(a) Are in school improvement status pursuant to the "No | 1050 |
Child Left Behind Act of 2001," as defined in section 3302.01 of | 1051 |
the Revised Code; | 1052 |
(b) Have percentages of students receiving assistance under | 1053 |
Ohio works first at least as high as the district-wide percentage | 1054 |
of students receiving such assistance. However, the district shall | 1055 |
give priority to any of those buildings that have been declared | 1056 |
to be in a state of academic watch or academic emergency under | 1057 |
section 3302.03 of the Revised Code. | 1058 |
If, in any fiscal year, the information provided by the | 1059 |
department of job and family services under section 3317.10 of the | 1060 |
Revised Code is insufficient to determine the Ohio works first | 1061 |
percentage in each building, "buildings with the highest | 1062 |
concentration of need" has the meaning given in rules that the | 1063 |
department of education shall adopt. The rules shall base the | 1064 |
definition of "buildings with the highest concentration of need" | 1065 |
on family income of students in a manner that, to the extent | 1066 |
possible with available data, approximates the intent to designate | 1067 |
buildings where the Ohio works first percentage equals or exceeds | 1068 |
the district-wide Ohio works first percentage. | 1069 |
(B) The department of education shall compute for each | 1070 |
school district for poverty-based assistance the sum of the | 1071 |
computations made under divisions (C) to (I) and (K) of this | 1072 |
section and shall pay that sum to the district in accordance | 1073 |
with division (A) of section 3317.022 of the Revised Code. | 1074 |
(C) A payment for academic intervention programs, if the | 1075 |
district's poverty index is greater than or equal to 0.25, | 1076 |
calculated as follows: | 1077 |
(1) If the district's poverty index is greater than or equal | 1078 |
to 0.25, calculate the district's level one amount for large-group | 1079 |
academic intervention for all students as follows: | 1080 |
(a) If the district's poverty index is greater than or equal | 1081 |
to 0.25 but less than 0.75: | 1082 |
1083 | |
1084 | |
Where: | 1085 |
(i) "Large-group intervention units" equals the district's | 1086 |
formula ADM divided by 20; | 1087 |
(ii) "Hourly rate" equals $21.01 in fiscal year 2008 and | 1088 |
$21.64 in fiscal year 2009; | 1089 |
(iii) "Level one hours" equals 25 hours. | 1090 |
(b) If the district's poverty index is greater than or equal | 1091 |
to 0.75: | 1092 |
1093 | |
1094 | |
Where "large-group intervention units," "hourly rate," and | 1095 |
"level one hours" have the same meanings as in division (C)(1)(a) | 1096 |
of this section. | 1097 |
(2) If the district's poverty index is greater than or equal | 1098 |
to 0.75, calculate the district's level two amount for | 1099 |
medium-group academic intervention for all students as follows: | 1100 |
(a) If the district's poverty index is greater than or equal | 1101 |
to 0.75 but less than 1.50: | 1102 |
1103 | |
1104 | |
1105 | |
Where: | 1106 |
(i) "Medium group intervention units" equals the district's | 1107 |
formula ADM divided by 15; | 1108 |
(ii) "Hourly rate" and "level one hours" have the same | 1109 |
meanings as in division (C)(1)(a) of this section. | 1110 |
(b) If the district's poverty index is greater than or equal | 1111 |
to 1.50: | 1112 |
1113 | |
1114 | |
Where: | 1115 |
(i) "Medium group intervention units" has the same meaning as | 1116 |
in division (C)(2)(a)(i) of this section; | 1117 |
(ii) "Hourly rate" has the same meaning as in division | 1118 |
(C)(1)(a) of this section; | 1119 |
(iii) "Level two hours" equals 50 hours. | 1120 |
(3) If the district's poverty index is greater than or equal | 1121 |
to 1.50, calculate the district's level three amount for | 1122 |
small-group academic intervention for impoverished students as | 1123 |
follows: | 1124 |
(a) If the district's poverty index is greater than or equal | 1125 |
to 1.50 but less than 2.50: | 1126 |
1127 | |
1128 | |
1129 | |
Where: | 1130 |
(i) "Small group intervention units" equals the quotient of | 1131 |
(the district's poverty student count times 3) divided by 10; | 1132 |
(ii) "Hourly rate" and "level one hours" have the same | 1133 |
meanings as in division (C)(1)(a) of this section; | 1134 |
(iii) "Level three hours" equals 135 hours. | 1135 |
(b) If the district's poverty index is greater than or equal | 1136 |
to 2.50: | 1137 |
1138 | |
1139 | |
Where: | 1140 |
(i) "Small group intervention units" has the same meaning as | 1141 |
in division (C)(3)(a)(i) of this section; | 1142 |
(ii) "Hourly rate" has the same meaning as in division | 1143 |
(C)(1)(a) of this section; | 1144 |
(iii) "Level three hours" equals 160 hours. | 1145 |
Any district that receives funds under division (C)(2) or (3) | 1146 |
of this section annually shall submit to the department of | 1147 |
education by a date established by the department a plan | 1148 |
describing how the district will deploy those funds. The | 1149 |
deployment measures described in that plan shall comply with any | 1150 |
applicable spending requirements prescribed in division (J) | 1151 |
of this section or with any order issued by the superintendent of | 1152 |
public instruction under section 3317.017 of the Revised Code. | 1153 |
(D) | 1154 |
fiscal year 2009. | 1155 |
A payment for all-day kindergarten if the poverty index of | 1156 |
the school district is greater than or equal to 1.0 or if the | 1157 |
district's three-year average formula ADM exceeded seventeen | 1158 |
thousand five hundred. In addition, the department shall make a | 1159 |
payment under this division to any school district that, in a | 1160 |
prior fiscal year, qualified for this payment and provided all-day | 1161 |
kindergarten, regardless of changes to the district's poverty | 1162 |
index. The department shall calculate the payment under this | 1163 |
division by multiplying the all-day kindergarten ADM by the | 1164 |
formula amount. | 1165 |
(E) A payment for increased classroom learning opportunities | 1166 |
based on calculating the number of new teachers necessary to | 1167 |
achieve a lower student-teacher ratio, as follows: | 1168 |
(1) Determine or calculate a formula number of teachers per | 1169 |
one thousand students based on the poverty index of the school | 1170 |
district as follows: | 1171 |
(a) If the poverty index of the school district is less than | 1172 |
1.0, the formula number of teachers is 50.0, which is the number | 1173 |
of teachers per one thousand students at a student-teacher ratio | 1174 |
of twenty to one; | 1175 |
(b) If the poverty index of the school district is greater | 1176 |
than or equal to 1.0, but less than 1.5, the formula number of | 1177 |
teachers is calculated as follows: | 1178 |
1179 | |
Where 50.0 is the number of teachers per one thousand | 1180 |
students at a student-teacher ratio of twenty to one; 0.5 is the | 1181 |
interval from a poverty index of 1.0 to a poverty index of 1.5; | 1182 |
and 16.667 is the difference in the number of teachers per one | 1183 |
thousand students at a student-teacher ratio of fifteen to one and | 1184 |
the number of teachers per one thousand students at a | 1185 |
student-teacher ratio of twenty to one. | 1186 |
(c) If the poverty index of the school district is greater | 1187 |
than or equal to 1.5, the formula number of teachers is 66.667, | 1188 |
which is the number of teachers per one thousand students at a | 1189 |
student-teacher ratio of fifteen to one. | 1190 |
(2) Multiply the formula number of teachers determined or | 1191 |
calculated in division (E)(1) of this section by the kindergarten | 1192 |
through third grade ADM for the district and divide that product | 1193 |
by one thousand; | 1194 |
(3) Calculate the number of new teachers as follows: | 1195 |
(a) Multiply the kindergarten through third grade ADM by | 1196 |
50.0, which is the number of teachers per one thousand students at | 1197 |
a student-teacher ratio of twenty to one, and divide that product | 1198 |
by one thousand; | 1199 |
(b) Subtract the quotient obtained in division (E)(3)(a) of | 1200 |
this section from the product in division (E)(2) of this section. | 1201 |
(4) Multiply the greater of the difference obtained under | 1202 |
division (E)(3) of this section or zero by the statewide average | 1203 |
teachers compensation. For this purpose, the "statewide average | 1204 |
teacher compensation" is $56,754 in fiscal year 2008 and $58,621 | 1205 |
in fiscal year 2009, which includes an amount for the value of | 1206 |
fringe benefits. | 1207 |
(F) A payment for services to limited English proficient | 1208 |
students, if the district's poverty index is greater than or equal | 1209 |
to 1.0 and the proportion of its students who are limited English | 1210 |
proficient, as reported in 2003 on its school district report card | 1211 |
issued under section 3302.03 of the Revised Code for the 2002-2003 | 1212 |
school year, is greater than or equal to 2.0%, calculated as | 1213 |
follows: | 1214 |
(1) If the district's poverty index is greater than or equal | 1215 |
to 1.0, but less than 1.75, determine the amount per limited | 1216 |
English proficient student as follows: | 1217 |
1218 | |
1219 | |
(2) If the district's poverty index is greater than or equal | 1220 |
to 1.75, the amount per limited English proficient student equals: | 1221 |
1222 | |
(3) Multiply the per student amount determined for the | 1223 |
district under division (F)(1) or (2) of this section by the | 1224 |
number of the district's limited English proficient students, | 1225 |
times a phase-in percentage of 0.70 in fiscal years 2008 and | 1226 |
2009. For purposes of this calculation, the number of limited | 1227 |
English proficient students for each district shall be the number | 1228 |
determined by the department when it calculated the district's | 1229 |
percentage of limited English proficient students for its school | 1230 |
district report card issued in 2003 for the 2002-2003 school | 1231 |
year. | 1232 |
(G) A payment for professional development of teachers, if | 1233 |
the district's poverty index is greater than or equal to 1.0, | 1234 |
calculated as follows: | 1235 |
(1) If the district's poverty index is greater than or equal | 1236 |
to 1.0, but less than 1.75, determine the amount per teacher as | 1237 |
follows: | 1238 |
1239 | |
(2) If the district's poverty index is greater than or equal | 1240 |
to 1.75, the amount per teacher equals: | 1241 |
1242 | |
(3) Determine the number of teachers, as follows: | 1243 |
1244 | |
(4) Multiply the per teacher amount determined for the | 1245 |
district under division (G)(1) or (2) of this section by the | 1246 |
number of teachers determined under division (G)(3) of this | 1247 |
section. | 1248 |
(H) A payment for dropout prevention, if the district is a | 1249 |
big eight school district as defined in section 3314.02 of the | 1250 |
Revised Code, calculated as follows: | 1251 |
1252 | |
1253 | |
(I) An amount for community outreach, if the district is an | 1254 |
urban school district as defined in section 3314.02 of the Revised | 1255 |
Code, calculated as follows: | 1256 |
1257 | |
1258 | |
(J) This division applies only to school districts that | 1259 |
receive more than ten thousand dollars under this section. Each | 1260 |
such district shall use funds paid under this section only for | 1261 |
one or more of the following purposes: | 1262 |
(1) | 1263 |
1264 |
| 1265 |
proficiency through one or more of the following activities: | 1266 |
(a) Hiring teachers for limited English proficient students | 1267 |
or other personnel to provide intervention services for those | 1268 |
students; | 1269 |
(b) Contracting for intervention services for those | 1270 |
students; | 1271 |
(c) Providing other services to assist those students in | 1272 |
passing the third-grade reading achievement test, and to provide | 1273 |
for those students the intervention services required by section | 1274 |
3313.608 of the Revised Code. | 1275 |
| 1276 |
other licensed personnel providing educational services to | 1277 |
students only in one or more of the following areas: | 1278 |
(a) Data-based decision making; | 1279 |
(b) Standards-based curriculum models; | 1280 |
(c) High quality professional development activities that | 1281 |
are research-based, as defined by state standards developed under | 1282 |
section 3319.61 of the Revised Code; | 1283 |
(d) Professional learning communities. | 1284 |
In addition, each district that elects to use funds paid | 1285 |
under this section for professional development shall only | 1286 |
implement programs identified on a list of eligible professional | 1287 |
development programs provided by the department of education. The | 1288 |
department annually shall provide the list to each district | 1289 |
receiving a payment under this section. | 1290 |
| 1291 |
school. Not later than September 1, 2007, the department of | 1292 |
education shall provide each school district receiving a payment | 1293 |
under this section with a list of dropout prevention programs | 1294 |
that it has determined are successful. The department | 1295 |
subsequently may update the list. Each district that elects to | 1296 |
use its payment under this section for dropout prevention shall | 1297 |
use the payment only to implement a dropout prevention program | 1298 |
specified on the department's list. | 1299 |
| 1300 |
(a) To hire or contract for community liaison officers, | 1301 |
attendance or truant officers, or safety and security personnel; | 1302 |
(b) To implement programs designed to ensure that schools are | 1303 |
free of drugs and violence and have a disciplined environment | 1304 |
conducive to learning in accordance with safe school guidelines | 1305 |
adopted by the state board of education; | 1306 |
(c) To implement academic intervention services described in | 1307 |
division (J) | 1308 |
| 1309 |
1310 | |
greater than or equal to 1.0 shall use the amount of its payment | 1311 |
under division (C) of this section for academic intervention | 1312 |
services, designed in accordance with student intervention | 1313 |
guidelines adopted by the state board, for students who have | 1314 |
failed or are in danger of failing any of the tests administered | 1315 |
pursuant to section 3301.0710 of the Revised Code, including | 1316 |
intervention services required by section 3313.608 of the | 1317 |
Revised
Code.
| 1318 |
1319 | |
under division (C) of this section for any other purpose. | 1320 |
Notwithstanding any provision to the contrary in Chapter 4117. | 1321 |
of the Revised Code, no collective bargaining agreement entered | 1322 |
into after June 30, 2005, shall require use of the payment for | 1323 |
any other purpose. | 1324 |
| 1325 |
increasing the amount of instructional attention received per | 1326 |
pupil in kindergarten through third grade, either by reducing the | 1327 |
ratio of students to instructional personnel or by increasing the | 1328 |
amount of instruction and curriculum-related activities by | 1329 |
extending the length of the school day or the school year. | 1330 |
School districts may implement a reduction of the ratio of | 1331 |
students to instructional personnel through any or all of the | 1332 |
following methods: | 1333 |
(a) Reducing the number of students in a classroom taught by | 1334 |
a single teacher; | 1335 |
(b) Employing full-time educational aides or educational | 1336 |
paraprofessionals, issued a permit or license under section | 1337 |
3319.088 of the Revised Code, who are engaged in classroom support | 1338 |
activities; | 1339 |
(c) Instituting a team-teaching method that will result in a | 1340 |
lower student-teacher ratio in a classroom. | 1341 |
Districts may extend the school day either by increasing the | 1342 |
amount of time allocated for each class, increasing the number of | 1343 |
classes provided per day, offering optional academic-related | 1344 |
after-school programs, providing curriculum-related extra | 1345 |
curricular activities, or establishing tutoring or remedial | 1346 |
services for students who have demonstrated an educational need. | 1347 |
In accordance with section 3319.089 of the Revised Code, a | 1348 |
district extending the school day pursuant to this division may | 1349 |
utilize a participant of the work experience program who has a | 1350 |
child enrolled in a public school in that district and who is | 1351 |
fulfilling the work requirements of that program by volunteering | 1352 |
or working in that public school. If the work experience program | 1353 |
participant is compensated, the school district may use the funds | 1354 |
distributed under this section for all or part of the | 1355 |
compensation. | 1356 |
Districts may extend the school year either through adding | 1357 |
regular days of instruction to the school calendar or by providing | 1358 |
summer programs. | 1359 |
| 1360 |
programs, as defined by the department of education, for children | 1361 |
age three or four who are not eligible for kindergarten; | 1362 |
| 1363 |
of instruction, except for the necessary textbooks or electronic | 1364 |
textbooks required to be furnished without charge pursuant to | 1365 |
section 3329.06 of the Revised Code, to pupils living in families | 1366 |
participating in Ohio works first in accordance with section | 1367 |
3313.642 of the Revised Code; | 1368 |
| 1369 |
to learning, in accordance with guidelines developed by the | 1370 |
department of education; | 1371 |
| 1372 |
programs provided pursuant to section 3313.813 of the Revised | 1373 |
Code. | 1374 |
A school district may apply to the department, in the form | 1375 |
and manner prescribed by the department, for a waiver to spend | 1376 |
funds paid under this section for programs not described in | 1377 |
divisions (J)(1) to | 1378 |
application shall specify the rationale for the alternative | 1379 |
expenditure and the intended benefits for disadvantaged students. | 1380 |
If the department grants the waiver, the district may use funds | 1381 |
paid under this section to implement the alternative program. | 1382 |
(K) A payment for assistance in closing the achievement gap, | 1383 |
calculated as follows: | 1384 |
(1) In fiscal year 2008 the department shall pay each school | 1385 |
district that has both a poverty index that is greater than or | 1386 |
equal to 1.0 and an academic distress index, as determined based | 1387 |
on the most recent report card issued under section 3302.03 of the | 1388 |
Revised Code, that is greater than or equal to 1.0, an amount | 1389 |
calculated in accordance with the following formula: | 1390 |
1391 | |
1392 | |
(2) In fiscal year 2009: | 1393 |
(a) If the district received a payment under division (K)(1) | 1394 |
of this section for fiscal year 2008, and its academic distress | 1395 |
percentage for fiscal year 2009, as determined based on the most | 1396 |
recent report card issued under section 3302.03 of the Revised | 1397 |
Code, is less than its academic distress percentage for fiscal | 1398 |
year 2008, the department shall pay the district the product of | 1399 |
its payment under division (K)(1) of this section for fiscal year | 1400 |
2008 times 1.035. | 1401 |
(b) If the district received a payment under division (K)(1) | 1402 |
of this section for fiscal year 2008, and its academic distress | 1403 |
percentage for fiscal year 2009, as determined based on the most | 1404 |
recent report card issued under section 3302.03 of the Revised | 1405 |
Code, is greater than or equal to its academic distress percentage | 1406 |
for fiscal year 2008, the department shall pay the district the | 1407 |
same amount as its payment under division (K)(1) of this section | 1408 |
for fiscal year 2008. | 1409 |
(c) If the district did not receive a payment under division | 1410 |
(K)(1) of this section for fiscal year 2008, and it has both a | 1411 |
poverty index that is greater than or equal to 1.0 and an academic | 1412 |
distress index, as determined based on the most recent report card | 1413 |
issued under section 3302.03 of the Revised Code, that is greater | 1414 |
than or equal to 1.0 for fiscal year 2009, the department shall | 1415 |
pay the district an amount calculated in accordance with the | 1416 |
following formula: | 1417 |
1418 | |
1419 | |
(L) This division applies only to funds paid under division | 1420 |
(K)(2)(b) of this section. | 1421 |
(1) If applicable, each school district shall use the funds | 1422 |
for any necessary expenses for the continued operation of a school | 1423 |
district academic distress commission appointed under section | 1424 |
3302.10 of the Revised Code. | 1425 |
(2) After satisfying the requirement of division (L)(1) of | 1426 |
this section, each district shall spend the remaining funds only | 1427 |
for one or more of the following purposes and only in buildings | 1428 |
with the highest concentration of need: | 1429 |
(a) Assistance in improving student performance; | 1430 |
(b) Professional development for teachers and administrators; | 1431 |
(c) Assistance in recruiting and retaining teachers and | 1432 |
administrators. | 1433 |
(M) | 1434 |
1435 | |
1436 | |
1437 | |
1438 |
| 1439 |
1440 | |
1441 |
| 1442 |
1443 | |
that receives a payment under division (C) of this section shall | 1444 |
use its payment under that division in accordance with all | 1445 |
requirements of division (J) | 1446 |
| 1447 |
1448 | |
1449 | |
1450 | |
1451 | |
1452 | |
1453 | |
1454 |
(N) The superintendent of public instruction shall | 1455 |
withhold an appropriate amount of funds otherwise due a district | 1456 |
for any | 1457 |
( | 1458 |
1459 | |
1460 | |
1461 |
| 1462 |
1463 | |
1464 |
| 1465 |
1466 | |
1467 |
| 1468 |
this section to modify or purchase classroom space to enable it | 1469 |
to further reduce class size in grades kindergarten through two | 1470 |
with a goal of attaining class sizes of fifteen students per | 1471 |
licensed teacher. To do so, the district must certify its need | 1472 |
for additional space to the department, in a manner satisfactory | 1473 |
to the department. | 1474 |
| 1475 |
year, each school district paid more than ten thousand dollars | 1476 |
under this section shall report to the department, in the form | 1477 |
and manner prescribed by the department, how the district | 1478 |
deployed funds received under this section in the prior fiscal | 1479 |
year. If a school district does not meet adequate progress | 1480 |
standards as defined by the department, the department shall make | 1481 |
recommendations to the district for deploying funds under this | 1482 |
section in a more effective manner. | 1483 |
Sec. 3317.03. | 1484 |
1485 | |
1486 | |
1487 |
(A) The superintendent of each city and exempted village | 1488 |
school district and of each educational service center shall, for | 1489 |
the schools under the superintendent's supervision, certify to the | 1490 |
state board of education on or before the fifteenth day of October | 1491 |
in each year for the first full school week in October the formula | 1492 |
ADM. Beginning in fiscal year 2007, each superintendent also shall | 1493 |
certify to the state board, for the schools under the | 1494 |
superintendent's supervision, the formula ADM for the first full | 1495 |
week in February. If a school under the superintendent's | 1496 |
supervision is closed for one or more days during that week due to | 1497 |
hazardous weather conditions or other circumstances described in | 1498 |
the first paragraph of division (B) of section 3317.01 of the | 1499 |
Revised Code, the superintendent may apply to the superintendent | 1500 |
of public instruction for a waiver, under which the superintendent | 1501 |
of public instruction may exempt the district superintendent from | 1502 |
certifying the formula ADM for that school for that week and | 1503 |
specify an alternate week for certifying the formula ADM of that | 1504 |
school. | 1505 |
The formula ADM shall consist of the average daily membership | 1506 |
during such week of the sum of the following: | 1507 |
(1) On an FTE basis, the number of students in grades | 1508 |
kindergarten through twelve receiving any educational services | 1509 |
from the district, except that the following categories of | 1510 |
students shall not be included in the determination: | 1511 |
(a) Students enrolled in adult education classes; | 1512 |
(b) Adjacent or other district students enrolled in the | 1513 |
district under an open enrollment policy pursuant to section | 1514 |
3313.98 of the Revised Code; | 1515 |
(c) Students receiving services in the district pursuant to a | 1516 |
compact, cooperative education agreement, or a contract, but who | 1517 |
are entitled to attend school in another district pursuant to | 1518 |
section 3313.64 or 3313.65 of the Revised Code; | 1519 |
(d) Students for whom tuition is payable pursuant to sections | 1520 |
3317.081 and 3323.141 of the Revised Code; | 1521 |
(e) Students receiving services in the district through a | 1522 |
scholarship awarded under section 3310.41 of the Revised Code. | 1523 |
(2) On an FTE basis, except as provided in division (A)(2)(h) | 1524 |
of this section, the number of students entitled to attend school | 1525 |
in the district pursuant to section 3313.64 or 3313.65 of the | 1526 |
Revised Code, but receiving educational services in grades | 1527 |
kindergarten through twelve from one or more of the following | 1528 |
entities: | 1529 |
(a) A community school pursuant to Chapter 3314. of the | 1530 |
Revised Code, including any participation in a college pursuant to | 1531 |
Chapter 3365. of the Revised Code while enrolled in such community | 1532 |
school; | 1533 |
(b) An alternative school pursuant to sections 3313.974 to | 1534 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 1535 |
(b) of this section; | 1536 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 1537 |
except when the student is enrolled in the college while also | 1538 |
enrolled in a community school pursuant to Chapter 3314. or a | 1539 |
science, technology, engineering, and mathematics school | 1540 |
established under Chapter 3326. of the Revised Code; | 1541 |
(d) An adjacent or other school district under an open | 1542 |
enrollment policy adopted pursuant to section 3313.98 of the | 1543 |
Revised Code; | 1544 |
(e) An educational service center or cooperative education | 1545 |
district; | 1546 |
(f) Another school district under a cooperative education | 1547 |
agreement, compact, or contract; | 1548 |
(g) A chartered nonpublic school with a scholarship paid | 1549 |
under section 3310.08 of the Revised Code; | 1550 |
(h) An alternative public provider or a registered private | 1551 |
provider with a scholarship awarded under section 3310.41 of the | 1552 |
Revised Code. Each such scholarship student who is enrolled in | 1553 |
kindergarten shall be counted as one full-time-equivalent | 1554 |
student. | 1555 |
As used in this section, "alternative public provider" and | 1556 |
"registered private provider" have the same meanings as in section | 1557 |
3310.41 of the Revised Code | 1558 |
(i) A science, technology, engineering, and mathematics | 1559 |
school established under Chapter 3326. of the Revised Code, | 1560 |
including any participation in a college pursuant to Chapter 3365. | 1561 |
of the Revised Code while enrolled in the school. | 1562 |
(3) Twenty per cent of the number of students enrolled in a | 1563 |
joint vocational school district or under a vocational education | 1564 |
compact, excluding any students entitled to attend school in the | 1565 |
district under section 3313.64 or 3313.65 of the Revised Code who | 1566 |
are enrolled in another school district through an open enrollment | 1567 |
policy as reported under division (A)(2)(d) of this section and | 1568 |
then enroll in a joint vocational school district or under a | 1569 |
vocational education compact; | 1570 |
(4) The number of children with disabilities, other than | 1571 |
preschool children with disabilities, entitled to attend school | 1572 |
in the district pursuant to section 3313.64 or 3313.65 of the | 1573 |
Revised Code who are placed by the district with a county MR/DD | 1574 |
board, minus the number of such children placed with a county | 1575 |
MR/DD board in fiscal year 1998. If this calculation produces a | 1576 |
negative number, the number reported under division (A)(4) of | 1577 |
this section shall be zero. | 1578 |
(5) Beginning in fiscal year 2007, in the case of the report | 1579 |
submitted for the first full week in February, or the alternative | 1580 |
week if specified by the superintendent of public instruction, the | 1581 |
number of students reported under division (A)(1) or (2) of this | 1582 |
section for the first full week of the preceding October but who | 1583 |
since that week have received high school diplomas. | 1584 |
(B) To enable the department of education to obtain the data | 1585 |
needed to complete the calculation of payments pursuant to this | 1586 |
chapter, in addition to the formula ADM, each superintendent shall | 1587 |
report separately the following student counts for the same week | 1588 |
for which formula ADM is certified: | 1589 |
(1) The total average daily membership in regular day classes | 1590 |
included in the report under division (A)(1) or (2) of this | 1591 |
section for traditional half-day kindergarten, all-day | 1592 |
kindergarten, and each of grades one through twelve in schools | 1593 |
under the superintendent's supervision; | 1594 |
(2) The number of all preschool children with disabilities | 1595 |
enrolled as of the first day of December in classes in the | 1596 |
district that are eligible for approval under division (B) of | 1597 |
section 3317.05 of the Revised Code and the number of those | 1598 |
classes, which shall be reported not later than the fifteenth day | 1599 |
of December, in accordance with rules adopted under that section; | 1600 |
(3) The number of children entitled to attend school in the | 1601 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 1602 |
Code who are: | 1603 |
(a) Participating in a pilot project scholarship program | 1604 |
established under sections 3313.974 to 3313.979 of the Revised | 1605 |
Code as described in division (I)(2)(a) or (b) of this section; | 1606 |
(b) Enrolled in a college under Chapter 3365. of the Revised | 1607 |
Code, except when the student is enrolled in the college while | 1608 |
also enrolled in a community school pursuant to Chapter 3314. or a | 1609 |
science, technology, engineering, and mathematics school | 1610 |
established under Chapter 3326. of the Revised Code; | 1611 |
(c) Enrolled in an adjacent or other school district under | 1612 |
section 3313.98 of the Revised Code; | 1613 |
(d) Enrolled in a community school established under Chapter | 1614 |
3314. of the Revised Code that is not an internet- or | 1615 |
computer-based community school as defined in section 3314.02 of | 1616 |
the Revised Code, including any participation in a college | 1617 |
pursuant to Chapter 3365. of the Revised Code while enrolled in | 1618 |
such community school; | 1619 |
(e) Enrolled in an internet- or computer-based community | 1620 |
school, as defined in section 3314.02 of the Revised Code, | 1621 |
including any participation in a college pursuant to Chapter 3365. | 1622 |
of the Revised Code while enrolled in the school; | 1623 |
(f) Enrolled in a chartered nonpublic school with a | 1624 |
scholarship paid under section 3310.08 of the Revised Code; | 1625 |
(g) Enrolled in kindergarten through grade twelve in an | 1626 |
alternative public provider or a registered private provider with | 1627 |
a scholarship awarded under section 3310.41 of the Revised Code; | 1628 |
(h) Enrolled as a preschool child with a disability in an | 1629 |
alternative public provider or a registered private provider with | 1630 |
a scholarship awarded under section 3310.41 of the Revised Code; | 1631 |
(i) Participating in a program operated by a county MR/DD | 1632 |
board or a state institution; | 1633 |
(j) Enrolled in a science, technology, engineering, and | 1634 |
mathematics school established under Chapter 3326. of the Revised | 1635 |
Code, including any participation in a college pursuant to Chapter | 1636 |
3365. of the Revised Code while enrolled in the school. | 1637 |
(4) The number of pupils enrolled in joint vocational | 1638 |
schools; | 1639 |
(5) The average daily membership of children with | 1640 |
disabilities reported under division (A)(1) or (2) of this | 1641 |
section receiving special education services for the category one | 1642 |
disability described in division (A) of section 3317.013 of the | 1643 |
Revised Code; | 1644 |
(6) The average daily membership of children with | 1645 |
disabilities reported under division (A)(1) or (2) of this | 1646 |
section receiving special education services for category two | 1647 |
disabilities described in division (B) of section 3317.013 of the | 1648 |
Revised Code; | 1649 |
(7) The average daily membership of children with | 1650 |
disabilities reported under division (A)(1) or (2) of this | 1651 |
section receiving special education services for category three | 1652 |
disabilities described in division (C) of section 3317.013 of the | 1653 |
Revised Code; | 1654 |
(8) The average daily membership of children with | 1655 |
disabilities reported under division (A)(1) or (2) of this | 1656 |
section receiving special education services for category four | 1657 |
disabilities described in division (D) of section 3317.013 of the | 1658 |
Revised Code; | 1659 |
(9) The average daily membership of children with | 1660 |
disabilities reported under division (A)(1) or (2) of this | 1661 |
section receiving special education services for the category | 1662 |
five disabilities described in division (E) of section 3317.013 | 1663 |
of the Revised Code; | 1664 |
(10) The combined average daily membership of children with | 1665 |
disabilities reported under division (A)(1) or (2) and under | 1666 |
division (B)(3)(h) of this section receiving special education | 1667 |
services for category six disabilities described in division (F) | 1668 |
of section 3317.013 of the Revised Code, including children | 1669 |
attending a special education program operated by an alternative | 1670 |
public provider or a registered private provider with a | 1671 |
scholarship awarded under section 3310.41 of the Revised Code; | 1672 |
(11) The average daily membership of pupils reported under | 1673 |
division (A)(1) or (2) of this section enrolled in category one | 1674 |
vocational education programs or classes, described in division | 1675 |
(A) of section 3317.014 of the Revised Code, operated by the | 1676 |
school district or by another district, other than a joint | 1677 |
vocational school district, or by an educational service center, | 1678 |
excluding any student reported under division (B)(3)(e) of this | 1679 |
section as enrolled in an internet- or computer-based community | 1680 |
school, notwithstanding division (C) of section 3317.02 of the | 1681 |
Revised Code and division (C)(3) of this section; | 1682 |
(12) The average daily membership of pupils reported under | 1683 |
division (A)(1) or (2) of this section enrolled in category two | 1684 |
vocational education programs or services, described in division | 1685 |
(B) of section 3317.014 of the Revised Code, operated by the | 1686 |
school district or another school district, other than a joint | 1687 |
vocational school district, or by an educational service center, | 1688 |
excluding any student reported under division (B)(3)(e) of this | 1689 |
section as enrolled in an internet- or computer-based community | 1690 |
school, notwithstanding division (C) of section 3317.02 of the | 1691 |
Revised Code and division (C)(3) of this section; | 1692 |
(13) The average number of children transported by the school | 1693 |
district on board-owned or contractor-owned and -operated buses, | 1694 |
reported in accordance with rules adopted by the department of | 1695 |
education; | 1696 |
(14)(a) The number of children, other than preschool children | 1697 |
with disabilities, the district placed with a county MR/DD board | 1698 |
in fiscal year 1998; | 1699 |
(b) The number of children with disabilities, other than | 1700 |
preschool children with disabilities, placed with a county MR/DD | 1701 |
board in the current fiscal year to receive special education | 1702 |
services for the category one disability described in division | 1703 |
(A) of section 3317.013 of the Revised Code; | 1704 |
(c) The number of children with disabilities, other than | 1705 |
preschool children with disabilities, placed with a county MR/DD | 1706 |
board in the current fiscal year to receive special education | 1707 |
services for category two disabilities described in division (B) | 1708 |
of section 3317.013 of the Revised Code; | 1709 |
(d) The number of children with disabilities, other than | 1710 |
preschool children with disabilities, placed with a county MR/DD | 1711 |
board in the current fiscal year to receive special education | 1712 |
services for category three disabilities described in division | 1713 |
(C) of section 3317.013 of the Revised Code; | 1714 |
(e) The number of children with disabilities, other than | 1715 |
preschool children with disabilities, placed with a county MR/DD | 1716 |
board in the current fiscal year to receive special education | 1717 |
services for category four disabilities described in division (D) | 1718 |
of section 3317.013 of the Revised Code; | 1719 |
(f) The number of children with disabilities, other than | 1720 |
preschool children with disabilities, placed with a county MR/DD | 1721 |
board in the current fiscal year to receive special education | 1722 |
services for the category five disabilities described in division | 1723 |
(E) of section 3317.013 of the Revised Code; | 1724 |
(g) The number of children with disabilities, other than | 1725 |
preschool children with disabilities, placed with a county MR/DD | 1726 |
board in the current fiscal year to receive special education | 1727 |
services for category six disabilities described in division (F) | 1728 |
of section 3317.013 of the Revised Code. | 1729 |
(C)(1) | 1730 |
1731 | |
divisions (B)(1) to (12) of this section shall be based upon the | 1732 |
number of full-time equivalent students. The state board of | 1733 |
education shall adopt rules defining full-time equivalent students | 1734 |
and for determining the average daily membership therefrom for the | 1735 |
purposes of divisions (A), (B), and (D) of this section. | 1736 |
(2) A student enrolled in a community school established | 1737 |
under Chapter 3314. or a science, technology, engineering, and | 1738 |
mathematics school established under Chapter 3326. of the Revised | 1739 |
Code shall be counted in the formula ADM and, if applicable, the | 1740 |
category one, two, three, four, five, or six special education ADM | 1741 |
of the school district in which the student is entitled to attend | 1742 |
school under section 3313.64 or 3313.65 of the Revised Code for | 1743 |
the same proportion of the school year that the student is counted | 1744 |
in the enrollment of the community school or the science, | 1745 |
technology, engineering, and mathematics school for purposes of | 1746 |
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding | 1747 |
the number of students reported pursuant to division (B)(3)(d), | 1748 |
(e), or (j) of this section, the department may adjust the | 1749 |
formula ADM of a school district to account for students entitled | 1750 |
to attend school in the district under section 3313.64 or 3313.65 | 1751 |
of the Revised Code who are enrolled in a community school or a | 1752 |
science, technology, engineering, and mathematics school for only | 1753 |
a portion of the school year. | 1754 |
(3) No child shall be counted as more than a total of one | 1755 |
child in the sum of the average daily memberships of a school | 1756 |
district under division (A), divisions (B)(1) to (12), or division | 1757 |
(D) of this section, except as follows: | 1758 |
(a) A child with a disability described in section 3317.013 | 1759 |
of the Revised Code may be counted both in formula ADM and in | 1760 |
category one, two, three, four, five, or six special education | 1761 |
ADM and, if applicable, in category one or two vocational | 1762 |
education ADM. As provided in division (C) of section 3317.02 of | 1763 |
the Revised Code, such a child shall be counted in category one, | 1764 |
two, three, four, five, or six special education ADM in the same | 1765 |
proportion that the child is counted in formula ADM. | 1766 |
(b) A child enrolled in vocational education programs or | 1767 |
classes described in section 3317.014 of the Revised Code may be | 1768 |
counted both in formula ADM and category one or two vocational | 1769 |
education ADM and, if applicable, in category one, two, three, | 1770 |
four, five, or six special education ADM. Such a child shall be | 1771 |
counted in category one or two vocational education ADM in the | 1772 |
same proportion as the percentage of time that the child spends in | 1773 |
the vocational education programs or classes. | 1774 |
(4) Based on the information reported under this section, the | 1775 |
department of education shall determine the total student count, | 1776 |
as defined in section 3301.011 of the Revised Code, for each | 1777 |
school district. | 1778 |
(D)(1) The superintendent of each joint vocational school | 1779 |
district shall certify to the superintendent of public instruction | 1780 |
on or before the fifteenth day of October in each year for the | 1781 |
first full school week in October the formula ADM. Beginning in | 1782 |
fiscal year 2007, each superintendent also shall certify to the | 1783 |
state superintendent the formula ADM for the first full week in | 1784 |
February. If a school operated by the joint vocational school | 1785 |
district is closed for one or more days during that week due to | 1786 |
hazardous weather conditions or other circumstances described in | 1787 |
the first paragraph of division (B) of section 3317.01 of the | 1788 |
Revised Code, the superintendent may apply to the superintendent | 1789 |
of public instruction for a waiver, under which the superintendent | 1790 |
of public instruction may exempt the district superintendent from | 1791 |
certifying the formula ADM for that school for that week and | 1792 |
specify an alternate week for certifying the formula ADM of that | 1793 |
school. | 1794 |
The formula ADM, except as otherwise provided in this | 1795 |
division, shall consist of the average daily membership during | 1796 |
such week, on an FTE basis, of the number of students receiving | 1797 |
any educational services from the district, including students | 1798 |
enrolled in a community school established under Chapter 3314. or | 1799 |
a science, technology, engineering, and mathematics school | 1800 |
established under Chapter 3326. of the Revised Code who are | 1801 |
attending the joint vocational district under an agreement | 1802 |
between the district board of education and the governing | 1803 |
authority of the community school or the science, technology, | 1804 |
engineering, and mathematics school and are entitled to attend | 1805 |
school in a city, local, or exempted village school district whose | 1806 |
territory is part of the territory of the joint vocational | 1807 |
district. Beginning in fiscal year 2007, in the case of the | 1808 |
report submitted for the first week in February, or the | 1809 |
alternative week if specified by the superintendent of public | 1810 |
instruction, the superintendent of the joint vocational school | 1811 |
district may include the number of students reported under | 1812 |
division (D)(1) of this section for the first full week of the | 1813 |
preceding October but who since that week have received high | 1814 |
school diplomas. | 1815 |
The following categories of students shall not be included in | 1816 |
the determination made under division (D)(1) of this section: | 1817 |
(a) Students enrolled in adult education classes; | 1818 |
(b) Adjacent or other district joint vocational students | 1819 |
enrolled in the district under an open enrollment policy pursuant | 1820 |
to section 3313.98 of the Revised Code; | 1821 |
(c) Students receiving services in the district pursuant to a | 1822 |
compact, cooperative education agreement, or a contract, but who | 1823 |
are entitled to attend school in a city, local, or exempted | 1824 |
village school district whose territory is not part of the | 1825 |
territory of the joint vocational district; | 1826 |
(d) Students for whom tuition is payable pursuant to sections | 1827 |
3317.081 and 3323.141 of the Revised Code. | 1828 |
(2) To enable the department of education to obtain the data | 1829 |
needed to complete the calculation of payments pursuant to this | 1830 |
chapter, in addition to the formula ADM, each superintendent shall | 1831 |
report separately the average daily membership included in the | 1832 |
report under division (D)(1) of this section for each of the | 1833 |
following categories of students for the same week for which | 1834 |
formula ADM is certified: | 1835 |
(a) Students enrolled in each grade included in the joint | 1836 |
vocational district schools; | 1837 |
(b) Children with disabilities receiving special education | 1838 |
services for the category one disability described in division | 1839 |
(A) of section 3317.013 of the Revised Code; | 1840 |
(c) Children with disabilities receiving special education | 1841 |
services for the category two disabilities described in division | 1842 |
(B) of section 3317.013 of the Revised Code; | 1843 |
(d) Children with disabilities receiving special education | 1844 |
services for category three disabilities described in division (C) | 1845 |
of section 3317.013 of the Revised Code; | 1846 |
(e) Children with disabilities receiving special education | 1847 |
services for category four disabilities described in division (D) | 1848 |
of section 3317.013 of the Revised Code; | 1849 |
(f) Children with disabilities receiving special education | 1850 |
services for the category five disabilities described in division | 1851 |
(E) of section 3317.013 of the Revised Code; | 1852 |
(g) Children with disabilities receiving special education | 1853 |
services for category six disabilities described in division (F) | 1854 |
of section 3317.013 of the Revised Code; | 1855 |
(h) Students receiving category one vocational education | 1856 |
services, described in division (A) of section 3317.014 of the | 1857 |
Revised Code; | 1858 |
(i) Students receiving category two vocational education | 1859 |
services, described in division (B) of section 3317.014 of the | 1860 |
Revised Code. | 1861 |
The superintendent of each joint vocational school district | 1862 |
shall also indicate the city, local, or exempted village school | 1863 |
district in which each joint vocational district pupil is entitled | 1864 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 1865 |
Revised Code. | 1866 |
(E) In each school of each city, local, exempted village, | 1867 |
joint vocational, and cooperative education school district there | 1868 |
shall be maintained a record of school membership, which record | 1869 |
shall accurately show, for each day the school is in session, the | 1870 |
actual membership enrolled in regular day classes. For the purpose | 1871 |
of determining average daily membership, the membership figure of | 1872 |
any school shall not include any pupils except those pupils | 1873 |
described by division (A) of this section. The record of | 1874 |
membership for each school shall be maintained in such manner that | 1875 |
no pupil shall be counted as in membership prior to the actual | 1876 |
date of entry in the school and also in such manner that where for | 1877 |
any cause a pupil permanently withdraws from the school that pupil | 1878 |
shall not be counted as in membership from and after the date of | 1879 |
such withdrawal. There shall not be included in the membership of | 1880 |
any school any of the following: | 1881 |
(1) Any pupil who has graduated from the twelfth grade of a | 1882 |
public or nonpublic high school; | 1883 |
(2) Any pupil who is not a resident of the state; | 1884 |
(3) Any pupil who was enrolled in the schools of the district | 1885 |
during the previous school year when tests were administered under | 1886 |
section 3301.0711 of the Revised Code but did not take one or more | 1887 |
of the tests required by that section and was not excused pursuant | 1888 |
to division (C)(1) or (3) of that section; | 1889 |
(4) Any pupil who has attained the age of twenty-two years, | 1890 |
except for veterans of the armed services whose attendance was | 1891 |
interrupted before completing the recognized twelve-year course of | 1892 |
the public schools by reason of induction or enlistment in the | 1893 |
armed forces and who apply for reenrollment in the public school | 1894 |
system of their residence not later than four years after | 1895 |
termination of war or their honorable discharge. | 1896 |
If, however, any veteran described by division (E)(4) of this | 1897 |
section elects to enroll in special courses organized for veterans | 1898 |
for whom tuition is paid under the provisions of federal laws, or | 1899 |
otherwise, that veteran shall not be included in average daily | 1900 |
membership. | 1901 |
Notwithstanding division (E)(3) of this section, the | 1902 |
membership of any school may include a pupil who did not take a | 1903 |
test required by section 3301.0711 of the Revised Code if the | 1904 |
superintendent of public instruction grants a waiver from the | 1905 |
requirement to take the test to the specific pupil and a parent is | 1906 |
not paying tuition for the pupil pursuant to section 3313.6410 of | 1907 |
the Revised Code. The superintendent may grant such a waiver only | 1908 |
for good cause in accordance with rules adopted by the state board | 1909 |
of education. | 1910 |
Except as provided in divisions (B)(2) and (F) of this | 1911 |
section, the average daily membership figure of any local, city, | 1912 |
exempted village, or joint vocational school district shall be | 1913 |
determined by dividing the figure representing the sum of the | 1914 |
number of pupils enrolled during each day the school of attendance | 1915 |
is actually open for instruction during the week for which the | 1916 |
formula ADM is being certified by the total number of days the | 1917 |
school was actually open for instruction during that week. For | 1918 |
purposes of state funding, "enrolled" persons are only those | 1919 |
pupils who are attending school, those who have attended school | 1920 |
during the current school year and are absent for authorized | 1921 |
reasons, and those children with disabilities currently receiving | 1922 |
home instruction. | 1923 |
The average daily membership figure of any cooperative | 1924 |
education school district shall be determined in accordance with | 1925 |
rules adopted by the state board of education. | 1926 |
(F)(1) If the formula ADM for the first full school week in | 1927 |
February is at least three per cent greater than that certified | 1928 |
for the first full school week in the preceding October, the | 1929 |
superintendent of schools of any city, exempted village, or joint | 1930 |
vocational school district or educational service center shall | 1931 |
certify such increase to the superintendent of public instruction. | 1932 |
Such certification shall be submitted no later than the fifteenth | 1933 |
day of February. For the balance of the fiscal year, beginning | 1934 |
with the February payments, the superintendent of public | 1935 |
instruction shall use the increased formula ADM in calculating or | 1936 |
recalculating the amounts to be allocated in accordance with | 1937 |
section 3317.022 or 3317.16 of the Revised Code. In no event shall | 1938 |
the superintendent use an increased membership certified to the | 1939 |
superintendent after the fifteenth day of February. Division | 1940 |
(F)(1) of this section does not apply after fiscal year 2006. | 1941 |
(2) If on the first school day of April the total number of | 1942 |
classes or units for preschool children with disabilities that | 1943 |
are eligible for approval under division (B) of section 3317.05 | 1944 |
of the Revised Code exceeds the number of units that have been | 1945 |
approved for the year under that division, the superintendent of | 1946 |
schools of any city, exempted village, or cooperative education | 1947 |
school district or educational service center shall make the | 1948 |
certifications required by this section for that day. If the | 1949 |
department determines additional units can be approved for the | 1950 |
fiscal year within any limitations set forth in the acts | 1951 |
appropriating moneys for the funding of such units, the | 1952 |
department shall approve additional units for the fiscal year on | 1953 |
the basis of such average daily membership. For each unit so | 1954 |
approved, the department shall pay an amount computed in the | 1955 |
manner prescribed in section 3317.052 or 3317.19 and section | 1956 |
3317.053 of the Revised Code. | 1957 |
(3) If a student attending a community school under Chapter | 1958 |
3314. or a science, technology, engineering, and mathematics | 1959 |
school established under Chapter 3326. of the Revised Code is not | 1960 |
included in the formula ADM certified for the school district in | 1961 |
which the student is entitled to attend school under section | 1962 |
3313.64 or 3313.65 of the Revised Code, the department of | 1963 |
education shall adjust the formula ADM of that school district to | 1964 |
include the student in accordance with division (C)(2) of this | 1965 |
section, and shall recalculate the school district's payments | 1966 |
under this chapter for the entire fiscal year on the basis of | 1967 |
that adjusted formula ADM. This requirement applies regardless of | 1968 |
whether the student was enrolled, as defined in division (E) of | 1969 |
this section, in the community school or the science, | 1970 |
technology, engineering, and mathematics school during the week | 1971 |
for which the formula ADM is being certified. | 1972 |
(4) If a student awarded an educational choice scholarship is | 1973 |
not included in the formula ADM of the school district from which | 1974 |
the department deducts funds for the scholarship under section | 1975 |
3310.08 of the Revised Code, the department shall adjust the | 1976 |
formula ADM of that school district to include the student to the | 1977 |
extent necessary to account for the deduction, and shall | 1978 |
recalculate the school district's payments under this chapter for | 1979 |
the entire fiscal year on the basis of that adjusted formula ADM. | 1980 |
This requirement applies regardless of whether the student was | 1981 |
enrolled, as defined in division (E) of this section, in the | 1982 |
chartered nonpublic school, the school district, or a community | 1983 |
school during the week for which the formula ADM is being | 1984 |
certified. | 1985 |
(G)(1)(a) The superintendent of an institution operating a | 1986 |
special education program pursuant to section 3323.091 of the | 1987 |
Revised Code shall, for the programs under such superintendent's | 1988 |
supervision, certify to the state board of education, in the | 1989 |
manner prescribed by the superintendent of public instruction, | 1990 |
both of the following: | 1991 |
(i) The average daily membership of all children with | 1992 |
disabilities other than preschool children with disabilities | 1993 |
receiving services at the institution for each category of | 1994 |
disability described in divisions (A) to (F) of section 3317.013 | 1995 |
of the Revised Code; | 1996 |
(ii) The average daily membership of all preschool children | 1997 |
with disabilities in classes or programs approved annually by the | 1998 |
department of education for unit funding under section 3317.05 of | 1999 |
the Revised Code. | 2000 |
(b) The superintendent of an institution with vocational | 2001 |
education units approved under division (A) of section 3317.05 of | 2002 |
the Revised Code shall, for the units under the superintendent's | 2003 |
supervision, certify to the state board of education the average | 2004 |
daily membership in those units, in the manner prescribed by the | 2005 |
superintendent of public instruction. | 2006 |
(2) The superintendent of each county MR/DD board that | 2007 |
maintains special education classes under section 3317.20 of the | 2008 |
Revised Code or units approved pursuant to section 3317.05 of the | 2009 |
Revised Code shall do both of the following: | 2010 |
(a) Certify to the state board, in the manner prescribed by | 2011 |
the board, the average daily membership in classes under section | 2012 |
3317.20 of the Revised Code for each school district that has | 2013 |
placed children in the classes; | 2014 |
(b) Certify to the state board, in the manner prescribed by | 2015 |
the board, the number of all preschool children with disabilities | 2016 |
enrolled as of the first day of December in classes eligible for | 2017 |
approval under division (B) of section 3317.05 of the Revised | 2018 |
Code, and the number of those classes. | 2019 |
(3)(a) If on the first school day of April the number of | 2020 |
classes or units maintained for preschool children with | 2021 |
disabilities by the county MR/DD board that are eligible for | 2022 |
approval under division (B) of section 3317.05 of the Revised Code | 2023 |
is greater than the number of units approved for the year under | 2024 |
that division, the superintendent shall make the certification | 2025 |
required by this section for that day. | 2026 |
(b) If the department determines that additional classes or | 2027 |
units can be approved for the fiscal year within any limitations | 2028 |
set forth in the acts appropriating moneys for the funding of the | 2029 |
classes and units described in division (G)(3)(a) of this section, | 2030 |
the department shall approve and fund additional units for the | 2031 |
fiscal year on the basis of such average daily membership. For | 2032 |
each unit so approved, the department shall pay an amount computed | 2033 |
in the manner prescribed in sections 3317.052 and 3317.053 of the | 2034 |
Revised Code. | 2035 |
(H) Except as provided in division (I) of this section, when | 2036 |
any city, local, or exempted village school district provides | 2037 |
instruction for a nonresident pupil whose attendance is | 2038 |
unauthorized attendance as defined in section 3327.06 of the | 2039 |
Revised Code, that pupil's membership shall not be included in | 2040 |
that district's membership figure used in the calculation of that | 2041 |
district's formula ADM or included in the determination of any | 2042 |
unit approved for the district under section 3317.05 of the | 2043 |
Revised Code. The reporting official shall report separately the | 2044 |
average daily membership of all pupils whose attendance in the | 2045 |
district is unauthorized attendance, and the membership of each | 2046 |
such pupil shall be credited to the school district in which the | 2047 |
pupil is entitled to attend school under division (B) of section | 2048 |
3313.64 or section 3313.65 of the Revised Code as determined by | 2049 |
the department of education. | 2050 |
(I)(1) A city, local, exempted village, or joint vocational | 2051 |
school district admitting a scholarship student of a pilot project | 2052 |
district pursuant to division (C) of section 3313.976 of the | 2053 |
Revised Code may count such student in its average daily | 2054 |
membership. | 2055 |
(2) In any year for which funds are appropriated for pilot | 2056 |
project scholarship programs, a school district implementing a | 2057 |
state-sponsored pilot project scholarship program that year | 2058 |
pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 2059 |
count in average daily membership: | 2060 |
(a) All children residing in the district and utilizing a | 2061 |
scholarship to attend kindergarten in any alternative school, as | 2062 |
defined in section 3313.974 of the Revised Code; | 2063 |
(b) All children who were enrolled in the district in the | 2064 |
preceding year who are utilizing a scholarship to attend any such | 2065 |
alternative school. | 2066 |
(J) The superintendent of each cooperative education school | 2067 |
district shall certify to the superintendent of public | 2068 |
instruction, in a manner prescribed by the state board of | 2069 |
education, the applicable average daily memberships for all | 2070 |
students in the cooperative education district, also indicating | 2071 |
the city, local, or exempted village district where each pupil is | 2072 |
entitled to attend school under section 3313.64 or 3313.65 of the | 2073 |
Revised Code. | 2074 |
(K) If the superintendent of public instruction determines | 2075 |
that a component of the formula ADM certified or reported by a | 2076 |
district superintendent, or other reporting entity, is not | 2077 |
correct, the superintendent of public instruction may order that | 2078 |
the formula ADM used for the purposes of payments under any | 2079 |
section of Title XXXIII of the Revised Code be adjusted in the | 2080 |
amount of the error. | 2081 |
Sec. 3321.01. (A)(1) As used in this chapter, "parent," | 2082 |
"guardian," or "other person having charge or care of a child" | 2083 |
means either parent unless the parents are separated or divorced | 2084 |
or their marriage has been dissolved or annulled, in which case | 2085 |
"parent" means the parent who is the residential parent and legal | 2086 |
custodian of the child. If the child is in the legal or permanent | 2087 |
custody of a person or government agency, "parent" means that | 2088 |
person or government agency. When a child is a resident of a home, | 2089 |
as defined in section 3313.64 of the Revised Code, and the child's | 2090 |
parent is not a resident of this state, "parent," "guardian," or | 2091 |
"other person having charge or care of a child" means the head of | 2092 |
the home. | 2093 |
A child between six and eighteen years of age is "of | 2094 |
compulsory school age" for the purpose of sections 3321.01 to | 2095 |
3321.13 of the Revised Code. A child under six years of age who | 2096 |
has been enrolled in kindergarten also shall be considered "of | 2097 |
compulsory school age" for the purpose of sections 3321.01 to | 2098 |
3321.13 of the Revised Code unless at any time the child's parent | 2099 |
or guardian, at the parent's or guardian's discretion and in | 2100 |
consultation with the child's teacher and principal, formally | 2101 |
withdraws the child from kindergarten. The compulsory school age | 2102 |
of a child shall not commence until the beginning of the term of | 2103 |
such schools, or other time in the school year fixed by the rules | 2104 |
of the board of the district in which the child resides. | 2105 |
(2) No child shall be admitted to a kindergarten or a first | 2106 |
grade of a public school in a district in which all children are | 2107 |
admitted to kindergarten and the first grade in August or | 2108 |
September unless the child is five or six years of age, | 2109 |
respectively, by the thirtieth day of September of the year of | 2110 |
admittance, or by the first day of a term or semester other than | 2111 |
one beginning in August or September in school districts granting | 2112 |
admittance at the beginning of such term or semester, except that | 2113 |
in those school districts using or obtaining educationally | 2114 |
accepted standardized testing programs for determining entrance, | 2115 |
as approved by the board of education of such districts, the board | 2116 |
shall admit a child to kindergarten or the first grade who fails | 2117 |
to meet the age requirement, provided the child meets necessary | 2118 |
standards as determined by such standardized testing programs. If | 2119 |
the board of education has not established a standardized testing | 2120 |
program, the board shall designate the necessary standards and a | 2121 |
testing program it will accept for the purpose of admitting a | 2122 |
child to kindergarten or first grade who fails to meet the age | 2123 |
requirement. Each child who will be the proper age for entrance to | 2124 |
kindergarten or first grade by the first day of January of the | 2125 |
school year for which admission is requested shall be so tested | 2126 |
upon the request of the child's parent. | 2127 |
(3) Notwithstanding divisions (A)(2) and (D) of this section, | 2128 |
beginning with the school year that starts in 2001 and continuing | 2129 |
thereafter the board of education of any district may adopt a | 2130 |
resolution establishing the first day of August in lieu of the | 2131 |
thirtieth day of September as the required date by which students | 2132 |
must have attained the age specified in those divisions. | 2133 |
(B) As used in divisions (C) and (D) of this section, | 2134 |
"successfully completed kindergarten" and "successful completion | 2135 |
of kindergarten" mean that the child has completed the | 2136 |
kindergarten requirements at one of the following: | 2137 |
(1) A public or chartered nonpublic school; | 2138 |
(2) A kindergarten class that is both of the following: | 2139 |
(a) Offered by a day-care provider licensed under Chapter | 2140 |
5104. of the Revised Code; | 2141 |
(b) If offered after July 1, 1991, is directly taught by a | 2142 |
teacher who holds one of the following: | 2143 |
(i) A valid educator license issued under section 3319.22 of | 2144 |
the Revised Code; | 2145 |
(ii) A Montessori preprimary credential or age-appropriate | 2146 |
diploma granted by the American Montessori society or the | 2147 |
association Montessori internationale; | 2148 |
(iii) Certification determined under division (G) of this | 2149 |
section to be equivalent to that described in division | 2150 |
(B)(2)(b)(ii) of this section; | 2151 |
(iv) Certification for teachers in nontax-supported schools | 2152 |
pursuant to section 3301.071 of the Revised Code. | 2153 |
(C) Except as provided in division (D) of this section, no | 2154 |
school district shall admit to the first grade any child who has | 2155 |
not successfully completed kindergarten. | 2156 |
(D) Upon request of a parent, the requirement of division (C) | 2157 |
of this section may be waived by the district's pupil personnel | 2158 |
services committee in the case of a child who is at least six | 2159 |
years of age by the thirtieth day of September of the year of | 2160 |
admittance and who demonstrates to the satisfaction of the | 2161 |
committee the possession of the social, emotional, and cognitive | 2162 |
skills necessary for first grade. | 2163 |
The board of education of each city, local, and exempted | 2164 |
village school district shall establish a pupil personnel services | 2165 |
committee. The committee shall be composed of all of the following | 2166 |
to the extent such personnel are either employed by the district | 2167 |
or employed by the governing board of the educational service | 2168 |
center within whose territory the district is located and the | 2169 |
educational service center generally furnishes the services of | 2170 |
such personnel to the district: | 2171 |
(1) The director of pupil personnel services; | 2172 |
(2) An elementary school counselor; | 2173 |
(3) An elementary school principal; | 2174 |
(4) A school psychologist; | 2175 |
(5) A teacher assigned to teach first grade; | 2176 |
(6) A gifted coordinator. | 2177 |
The responsibilities of the pupil personnel services | 2178 |
committee shall be limited to the issuing of waivers allowing | 2179 |
admittance to the first grade without the successful completion of | 2180 |
kindergarten. The committee shall have no other authority except | 2181 |
as specified in this section. | 2182 |
(E) The scheduling of times for kindergarten classes and | 2183 |
length of the school day for kindergarten shall be determined by | 2184 |
the board of education of a city, exempted village, or local | 2185 |
school district. | 2186 |
(F) Any kindergarten class offered by a day-care provider or | 2187 |
school described by division (B)(1) or (B)(2)(a) of this section | 2188 |
shall be developmentally appropriate. | 2189 |
(G) Upon written request of a day-care provider described by | 2190 |
division (B)(2)(a) of this section, the department of education | 2191 |
shall determine whether certification held by a teacher employed | 2192 |
by the provider meets the requirement of division (B)(2)(b)(iii) | 2193 |
of this section and, if so, shall furnish the provider a statement | 2194 |
to that effect. | 2195 |
| 2196 |
2197 |
| 2198 |
2199 | |
2200 | |
2201 | |
2202 | |
2203 | |
2204 |
| 2205 |
2206 | |
2207 |
| 2208 |
2209 |
| 2210 |
| 2211 |
2212 | |
2213 | |
2214 | |
2215 | |
2216 |
| 2217 |
2218 |
| 2219 |
2220 | |
2221 |
| 2222 |
2223 | |
2224 | |
2225 | |
2226 |
Sec. 5727.84. (A) As used in this section and sections | 2227 |
5727.85, 5727.86, and 5727.87 of the Revised Code: | 2228 |
(1) "School district" means a city, local, or exempted | 2229 |
village school district. | 2230 |
(2) "Joint vocational school district" means a joint | 2231 |
vocational school district created under section 3311.16 of the | 2232 |
Revised Code, and includes a cooperative education school district | 2233 |
created under section 3311.52 or 3311.521 of the Revised Code and | 2234 |
a county school financing district created under section 3311.50 | 2235 |
of the Revised Code. | 2236 |
(3) "Local taxing unit" means a subdivision or taxing unit, | 2237 |
as defined in section 5705.01 of the Revised Code, a park district | 2238 |
created under Chapter 1545. of the Revised Code, or a township | 2239 |
park district established under section 511.23 of the Revised | 2240 |
Code, but excludes school districts and joint vocational school | 2241 |
districts. | 2242 |
(4) "State education aid," for a school district, means the | 2243 |
sum of state aid amounts computed for the district under | 2244 |
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section | 2245 |
3317.022; divisions (B), (C), and (D) of section 3317.023; | 2246 |
divisions (G), (L), and (N) of section 3317.024; and sections | 2247 |
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and | 2248 |
3317.053 of the Revised Code; and the adjustments required by: | 2249 |
division (C) of section 3310.08; division (C)(2) of section | 2250 |
3310.41; division (C) of section 3314.08; division (D)(2) of | 2251 |
section 3314.091; | 2252 |
(K), (L), (M), and (N) of section 3317.023; division (C) of | 2253 |
section 3317.20; and sections 3313.979 and 3313.981 of the | 2254 |
Revised Code. However, when calculating state education aid for | 2255 |
a school district for fiscal years 2008 and 2009, include the | 2256 |
amount computed for the district under Section 269.20.80 of | 2257 |
H.B. 119 of the 127th general assembly, as subsequently | 2258 |
amended, instead of division (D) of section 3317.022 of the | 2259 |
Revised Code; and include amounts calculated under Section | 2260 |
269.30.80 of this
act, as subsequently amended | 2261 |
2262 | |
2263 |
(5) "State education aid," for a joint vocational school | 2264 |
district, means the sum of the state aid amounts computed for the | 2265 |
district under division (N) of section 3317.024 and section | 2266 |
3317.16 of the Revised Code. However, when calculating state | 2267 |
education aid for a joint vocational school district for fiscal | 2268 |
years 2008 and 2009, include the amount computed for the district | 2269 |
under Section 269.30.90 of H.B. 119 of the 127th general | 2270 |
assembly, as subsequently amended. | 2271 |
(6) "State education aid offset" means the amount determined | 2272 |
for each school district or joint vocational school district under | 2273 |
division (A)(1) of section 5727.85 of the Revised Code. | 2274 |
(7) "Recognized valuation" has the same meaning as in section | 2275 |
3317.02 of the Revised Code. | 2276 |
(8) "Electric company tax value loss" means the amount | 2277 |
determined under division (D) of this section. | 2278 |
(9) "Natural gas company tax value loss" means the amount | 2279 |
determined under division (E) of this section. | 2280 |
(10) "Tax value loss" means the sum of the electric company | 2281 |
tax value loss and the natural gas company tax value loss. | 2282 |
(11) "Fixed-rate levy" means any tax levied on property other | 2283 |
than a fixed-sum levy. | 2284 |
(12) "Fixed-rate levy loss" means the amount determined under | 2285 |
division (G) of this section. | 2286 |
(13) "Fixed-sum levy" means a tax levied on property at | 2287 |
whatever rate is required to produce a specified amount of tax | 2288 |
money or levied in excess of the ten-mill limitation to pay debt | 2289 |
charges, and includes school district emergency levies imposed | 2290 |
pursuant to section 5705.194 of the Revised Code. | 2291 |
(14) "Fixed-sum levy loss" means the amount determined under | 2292 |
division (H) of this section. | 2293 |
(15) "Consumer price index" means the consumer price index | 2294 |
(all items, all urban consumers) prepared by the bureau of labor | 2295 |
statistics of the United States department of labor. | 2296 |
(B) The kilowatt-hour tax receipts fund is hereby created in | 2297 |
the state treasury and shall consist of money arising from the tax | 2298 |
imposed by section 5727.81 of the Revised Code. All money in the | 2299 |
kilowatt-hour tax receipts fund shall be credited as follows: | 2300 |
(1) Sixty-three per cent shall be credited to the general | 2301 |
revenue fund. | 2302 |
(2) Twenty-five and four-tenths per cent shall be credited to | 2303 |
the school district property tax replacement fund, which is hereby | 2304 |
created in the state treasury for the purpose of making the | 2305 |
payments described in section 5727.85 of the Revised Code. | 2306 |
(3) Eleven and six-tenths per cent shall be credited to the | 2307 |
local government property tax replacement fund, which is hereby | 2308 |
created in the state treasury for the purpose of making the | 2309 |
payments described in section 5727.86 of the Revised Code. | 2310 |
(C) The natural gas tax receipts fund is hereby created in | 2311 |
the state treasury and shall consist of money arising from the tax | 2312 |
imposed by section 5727.811 of the Revised Code. All money in the | 2313 |
fund shall be credited as follows: | 2314 |
(1) Sixty-eight and seven-tenths per cent shall be credited | 2315 |
to the school district property tax replacement fund for the | 2316 |
purpose of making the payments described in section 5727.85 of the | 2317 |
Revised Code. | 2318 |
(2) Thirty-one and three-tenths per cent shall be credited | 2319 |
to the local government property tax replacement fund for the | 2320 |
purpose of making the payments described in section 5727.86 of | 2321 |
the Revised Code. | 2322 |
(D) Not later than January 1, 2002, the tax commissioner | 2323 |
shall determine for each taxing district its electric company tax | 2324 |
value loss, which is the sum of the applicable amounts described | 2325 |
in divisions (D)(1) to (4) of this section: | 2326 |
(1) The difference obtained by subtracting the amount | 2327 |
described in division (D)(1)(b) from the amount described in | 2328 |
division (D)(1)(a) of this section. | 2329 |
(a) The value of electric company and rural electric company | 2330 |
tangible personal property as assessed by the tax commissioner for | 2331 |
tax year 1998 on a preliminary assessment, or an amended | 2332 |
preliminary assessment if issued prior to March 1, 1999, and as | 2333 |
apportioned to the taxing district for tax year 1998; | 2334 |
(b) The value of electric company and rural electric company | 2335 |
tangible personal property as assessed by the tax commissioner for | 2336 |
tax year 1998 had the property been apportioned to the taxing | 2337 |
district for tax year 2001, and assessed at the rates in effect | 2338 |
for tax year 2001. | 2339 |
(2) The difference obtained by subtracting the amount | 2340 |
described in division (D)(2)(b) from the amount described in | 2341 |
division (D)(2)(a) of this section. | 2342 |
(a) The three-year average for tax years 1996, 1997, and 1998 | 2343 |
of the assessed value from nuclear fuel materials and assemblies | 2344 |
assessed against a person under Chapter 5711. of the Revised Code | 2345 |
from the leasing of them to an electric company for those | 2346 |
respective tax years, as reflected in the preliminary assessments; | 2347 |
(b) The three-year average assessed value from nuclear fuel | 2348 |
materials and assemblies assessed under division (D)(2)(a) of this | 2349 |
section for tax years 1996, 1997, and 1998, as reflected in the | 2350 |
preliminary assessments, using an assessment rate of twenty-five | 2351 |
per cent. | 2352 |
(3) In the case of a taxing district having a nuclear power | 2353 |
plant within its territory, any amount, resulting in an electric | 2354 |
company tax value loss, obtained by subtracting the amount | 2355 |
described in division (D)(1) of this section from the difference | 2356 |
obtained by subtracting the amount described in division (D)(3)(b) | 2357 |
of this section from the amount described in division (D)(3)(a) of | 2358 |
this section. | 2359 |
(a) The value of electric company tangible personal property | 2360 |
as assessed by the tax commissioner for tax year 2000 on a | 2361 |
preliminary assessment, or an amended preliminary assessment if | 2362 |
issued prior to March 1, 2001, and as apportioned to the taxing | 2363 |
district for tax year 2000; | 2364 |
(b) The value of electric company tangible personal property | 2365 |
as assessed by the tax commissioner for tax year 2001 on a | 2366 |
preliminary assessment, or an amended preliminary assessment if | 2367 |
issued prior to March 1, 2002, and as apportioned to the taxing | 2368 |
district for tax year 2001. | 2369 |
(4) In the case of a taxing district having a nuclear power | 2370 |
plant within its territory, the difference obtained by subtracting | 2371 |
the amount described in division (D)(4)(b) of this section from | 2372 |
the amount described in division (D)(4)(a) of this section, | 2373 |
provided that such difference is greater than ten per cent of the | 2374 |
amount described in division (D)(4)(a) of this section. | 2375 |
(a) The value of electric company tangible personal property | 2376 |
as assessed by the tax commissioner for tax year 2005 on a | 2377 |
preliminary assessment, or an amended preliminary assessment if | 2378 |
issued prior to March 1, 2006, and as apportioned to the taxing | 2379 |
district for tax year 2005; | 2380 |
(b) The value of electric company tangible personal property | 2381 |
as assessed by the tax commissioner for tax year 2006 on a | 2382 |
preliminary assessment, or an amended preliminary assessment if | 2383 |
issued prior to March 1, 2007, and as apportioned to the taxing | 2384 |
district for tax year 2006. | 2385 |
(E) Not later than January 1, 2002, the tax commissioner | 2386 |
shall determine for each taxing district its natural gas company | 2387 |
tax value loss, which is the sum of the amounts described in | 2388 |
divisions (E)(1) and (2) of this section: | 2389 |
(1) The difference obtained by subtracting the amount | 2390 |
described in division (E)(1)(b) from the amount described in | 2391 |
division (E)(1)(a) of this section. | 2392 |
(a) The value of all natural gas company tangible personal | 2393 |
property, other than property described in division (E)(2) of this | 2394 |
section, as assessed by the tax commissioner for tax year 1999 on | 2395 |
a preliminary assessment, or an amended preliminary assessment if | 2396 |
issued prior to March 1, 2000, and apportioned to the taxing | 2397 |
district for tax year 1999; | 2398 |
(b) The value of all natural gas company tangible personal | 2399 |
property, other than property described in division (E)(2) of this | 2400 |
section, as assessed by the tax commissioner for tax year 1999 had | 2401 |
the property been apportioned to the taxing district for tax year | 2402 |
2001, and assessed at the rates in effect for tax year 2001. | 2403 |
(2) The difference in the value of current gas obtained by | 2404 |
subtracting the amount described in division (E)(2)(b) from the | 2405 |
amount described in division (E)(2)(a) of this section. | 2406 |
(a) The three-year average assessed value of current gas as | 2407 |
assessed by the tax commissioner for tax years 1997, 1998, and | 2408 |
1999 on a preliminary assessment, or an amended preliminary | 2409 |
assessment if issued prior to March 1, 2001, and as apportioned in | 2410 |
the taxing district for those respective years; | 2411 |
(b) The three-year average assessed value from current gas | 2412 |
under division (E)(2)(a) of this section for tax years 1997, 1998, | 2413 |
and 1999, as reflected in the preliminary assessment, using an | 2414 |
assessment rate of twenty-five per cent. | 2415 |
(F) The tax commissioner may request that natural gas | 2416 |
companies, electric companies, and rural electric companies file a | 2417 |
report to help determine the tax value loss under divisions (D) | 2418 |
and (E) of this section. The report shall be filed within thirty | 2419 |
days of the commissioner's request. A company that fails to file | 2420 |
the report or does not timely file the report is subject to the | 2421 |
penalty in section 5727.60 of the Revised Code. | 2422 |
(G) Not later than January 1, 2002, the tax commissioner | 2423 |
shall determine for each school district, joint vocational school | 2424 |
district, and local taxing unit its fixed-rate levy loss, which is | 2425 |
the sum of its electric company tax value loss multiplied by the | 2426 |
tax rate in effect in tax year 1998 for fixed-rate levies and its | 2427 |
natural gas company tax value loss multiplied by the tax rate in | 2428 |
effect in tax year 1999 for fixed-rate levies. | 2429 |
(H) Not later than January 1, 2002, the tax commissioner | 2430 |
shall determine for each school district, joint vocational school | 2431 |
district, and local taxing unit its fixed-sum levy loss, which is | 2432 |
the amount obtained by subtracting the amount described in | 2433 |
division (H)(2) of this section from the amount described in | 2434 |
division (H)(1) of this section: | 2435 |
(1) The sum of the electric company tax value loss multiplied | 2436 |
by the tax rate in effect in tax year 1998, and the natural gas | 2437 |
company tax value loss multiplied by the tax rate in effect in tax | 2438 |
year 1999, for fixed-sum levies for all taxing districts within | 2439 |
each school district, joint vocational school district, and local | 2440 |
taxing unit. For the years 2002 through 2006, this computation | 2441 |
shall include school district emergency levies that existed in | 2442 |
1998 in the case of the electric company tax value loss, and 1999 | 2443 |
in the case of the natural gas company tax value loss, and all | 2444 |
other fixed-sum levies that existed in 1998 in the case of the | 2445 |
electric company tax value loss and 1999 in the case of the | 2446 |
natural gas company tax value loss and continue to be charged in | 2447 |
the tax year preceding the distribution year. For the years 2007 | 2448 |
through 2016 in the case of school district emergency levies, and | 2449 |
for all years after 2006 in the case of all other fixed-sum | 2450 |
levies, this computation shall exclude all fixed-sum levies that | 2451 |
existed in 1998 in the case of the electric company tax value loss | 2452 |
and 1999 in the case of the natural gas company tax value loss, | 2453 |
but are no longer in effect in the tax year preceding the | 2454 |
distribution year. For the purposes of this section, an emergency | 2455 |
levy that existed in 1998 in the case of the electric company tax | 2456 |
value loss, and 1999 in the case of the natural gas company tax | 2457 |
value loss, continues to exist in a year beginning on or after | 2458 |
January 1, 2007, but before January 1, 2017, if, in that year, | 2459 |
the board of education levies a school district emergency levy | 2460 |
for an annual sum at least equal to the annual sum levied by the | 2461 |
board in tax year 1998 or 1999, respectively, less the amount of | 2462 |
the payment certified under this division for 2002. | 2463 |
(2) The total taxable value in tax year 1999 less the tax | 2464 |
value loss in each school district, joint vocational school | 2465 |
district, and local taxing unit multiplied by one-fourth of one | 2466 |
mill. | 2467 |
If the amount computed under division (H) of this section for | 2468 |
any school district, joint vocational school district, or local | 2469 |
taxing unit is greater than zero, that amount shall equal the | 2470 |
fixed-sum levy loss reimbursed pursuant to division (E) of section | 2471 |
5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 2472 |
of the Revised Code, and the one-fourth of one mill that is | 2473 |
subtracted under division (H)(2) of this section shall be | 2474 |
apportioned among all contributing fixed-sum levies in the | 2475 |
proportion of each levy to the sum of all fixed-sum levies within | 2476 |
each school district, joint vocational school district, or local | 2477 |
taxing unit. | 2478 |
(I) Notwithstanding divisions (D), (E), (G), and (H) of this | 2479 |
section, in computing the tax value loss, fixed-rate levy loss, | 2480 |
and fixed-sum levy loss, the tax commissioner shall use the | 2481 |
greater of the 1998 tax rate or the 1999 tax rate in the case of | 2482 |
levy losses associated with the electric company tax value loss, | 2483 |
but the 1999 tax rate shall not include for this purpose any tax | 2484 |
levy approved by the voters after June 30, 1999, and the tax | 2485 |
commissioner shall use the greater of the 1999 or the 2000 tax | 2486 |
rate in the case of levy losses associated with the natural gas | 2487 |
company tax value loss. | 2488 |
(J) Not later than January 1, 2002, the tax commissioner | 2489 |
shall certify to the department of education the tax value loss | 2490 |
determined under divisions (D) and (E) of this section for each | 2491 |
taxing district, the fixed-rate levy loss calculated under | 2492 |
division (G) of this section, and the fixed-sum levy loss | 2493 |
calculated under division (H) of this section. The calculations | 2494 |
under divisions (G) and (H) of this section shall separately | 2495 |
display the levy loss for each levy eligible for reimbursement. | 2496 |
(K) Not later than September 1, 2001, the tax commissioner | 2497 |
shall certify the amount of the fixed-sum levy loss to the county | 2498 |
auditor of each county in which a school district with a fixed-sum | 2499 |
levy loss has territory. | 2500 |
Section 2. That existing sections 3314.08, 3314.084, 3314.26, | 2501 |
3317.016, 3317.017, 3317.02, 3317.029, 3317.03, 3321.01, and | 2502 |
5727.84 and section 3314.13 of the Revised Code are hereby | 2503 |
repealed. | 2504 |
Section 3. Sections 1 and 2 of this act take effect July 1, | 2505 |
2009. | 2506 |