Bill Text: OH SB261 | 2009-2010 | 128th General Assembly | Introduced

Bill Title: To permit the establishment of public college-preparatory boarding schools for at-risk students to be operated by private nonprofit entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-13 - To Education [SB261 Detail]

Download: Ohio-2009-SB261-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 261


Senator Cates 


A BILL
To amend sections 109.57, 3313.61, 3317.03, 3319.31, 1
3319.311, and 4117.01 and to enact sections 2
3328.01 to 3328.04, 3328.11 to 3328.15, 3328.17 to 3
3328.19, 3328.191, 3328.192, 3328.193, 3328.20 to 4
3328.26, 3328.31 to 3328.36, 3328.41, 3328.45, 5
3328.50, and 3328.99 of the Revised Code to permit 6
the establishment of public college-preparatory 7
boarding schools for at-risk students to be 8
operated by private nonprofit entities.9


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

       Section 1.  That sections 109.57, 3313.61, 3317.03, 3319.31, 10
3319.311, and 4117.01 be amended and sections 3328.01, 3328.02, 11
3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15, 12
3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20, 13
3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31, 14
3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45, 15
3328.50, and 3328.99 of the Revised Code be enacted to read as 16
follows:17

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 18
criminal identification and investigation shall procure from 19
wherever procurable and file for record photographs, pictures, 20
descriptions, fingerprints, measurements, and other information 21
that may be pertinent of all persons who have been convicted of 22
committing within this state a felony, any crime constituting a 23
misdemeanor on the first offense and a felony on subsequent 24
offenses, or any misdemeanor described in division (A)(1)(a), 25
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 26
of all children under eighteen years of age who have been 27
adjudicated delinquent children for committing within this state 28
an act that would be a felony or an offense of violence if 29
committed by an adult or who have been convicted of or pleaded 30
guilty to committing within this state a felony or an offense of 31
violence, and of all well-known and habitual criminals. The person 32
in charge of any county, multicounty, municipal, municipal-county, 33
or multicounty-municipal jail or workhouse, community-based 34
correctional facility, halfway house, alternative residential 35
facility, or state correctional institution and the person in 36
charge of any state institution having custody of a person 37
suspected of having committed a felony, any crime constituting a 38
misdemeanor on the first offense and a felony on subsequent 39
offenses, or any misdemeanor described in division (A)(1)(a), 40
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 41
having custody of a child under eighteen years of age with respect 42
to whom there is probable cause to believe that the child may have 43
committed an act that would be a felony or an offense of violence 44
if committed by an adult shall furnish such material to the 45
superintendent of the bureau. Fingerprints, photographs, or other 46
descriptive information of a child who is under eighteen years of 47
age, has not been arrested or otherwise taken into custody for 48
committing an act that would be a felony or an offense of violence 49
who is not in any other category of child specified in this 50
division, if committed by an adult, has not been adjudicated a 51
delinquent child for committing an act that would be a felony or 52
an offense of violence if committed by an adult, has not been 53
convicted of or pleaded guilty to committing a felony or an 54
offense of violence, and is not a child with respect to whom there 55
is probable cause to believe that the child may have committed an 56
act that would be a felony or an offense of violence if committed 57
by an adult shall not be procured by the superintendent or 58
furnished by any person in charge of any county, multicounty, 59
municipal, municipal-county, or multicounty-municipal jail or 60
workhouse, community-based correctional facility, halfway house, 61
alternative residential facility, or state correctional 62
institution, except as authorized in section 2151.313 of the 63
Revised Code.64

       (2) Every clerk of a court of record in this state, other 65
than the supreme court or a court of appeals, shall send to the 66
superintendent of the bureau a weekly report containing a summary 67
of each case involving a felony, involving any crime constituting 68
a misdemeanor on the first offense and a felony on subsequent 69
offenses, involving a misdemeanor described in division (A)(1)(a), 70
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 71
or involving an adjudication in a case in which a child under 72
eighteen years of age was alleged to be a delinquent child for 73
committing an act that would be a felony or an offense of violence 74
if committed by an adult. The clerk of the court of common pleas 75
shall include in the report and summary the clerk sends under this 76
division all information described in divisions (A)(2)(a) to (f) 77
of this section regarding a case before the court of appeals that 78
is served by that clerk. The summary shall be written on the 79
standard forms furnished by the superintendent pursuant to 80
division (B) of this section and shall include the following 81
information:82

       (a) The incident tracking number contained on the standard 83
forms furnished by the superintendent pursuant to division (B) of 84
this section;85

       (b) The style and number of the case;86

       (c) The date of arrest, offense, summons, or arraignment;87

       (d) The date that the person was convicted of or pleaded 88
guilty to the offense, adjudicated a delinquent child for 89
committing the act that would be a felony or an offense of 90
violence if committed by an adult, found not guilty of the 91
offense, or found not to be a delinquent child for committing an 92
act that would be a felony or an offense of violence if committed 93
by an adult, the date of an entry dismissing the charge, an entry 94
declaring a mistrial of the offense in which the person is 95
discharged, an entry finding that the person or child is not 96
competent to stand trial, or an entry of a nolle prosequi, or the 97
date of any other determination that constitutes final resolution 98
of the case;99

       (e) A statement of the original charge with the section of 100
the Revised Code that was alleged to be violated;101

       (f) If the person or child was convicted, pleaded guilty, or 102
was adjudicated a delinquent child, the sentence or terms of 103
probation imposed or any other disposition of the offender or the 104
delinquent child.105

       If the offense involved the disarming of a law enforcement 106
officer or an attempt to disarm a law enforcement officer, the 107
clerk shall clearly state that fact in the summary, and the 108
superintendent shall ensure that a clear statement of that fact is 109
placed in the bureau's records.110

       (3) The superintendent shall cooperate with and assist 111
sheriffs, chiefs of police, and other law enforcement officers in 112
the establishment of a complete system of criminal identification 113
and in obtaining fingerprints and other means of identification of 114
all persons arrested on a charge of a felony, any crime 115
constituting a misdemeanor on the first offense and a felony on 116
subsequent offenses, or a misdemeanor described in division 117
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 118
Revised Code and of all children under eighteen years of age 119
arrested or otherwise taken into custody for committing an act 120
that would be a felony or an offense of violence if committed by 121
an adult. The superintendent also shall file for record the 122
fingerprint impressions of all persons confined in a county, 123
multicounty, municipal, municipal-county, or multicounty-municipal 124
jail or workhouse, community-based correctional facility, halfway 125
house, alternative residential facility, or state correctional 126
institution for the violation of state laws and of all children 127
under eighteen years of age who are confined in a county, 128
multicounty, municipal, municipal-county, or multicounty-municipal 129
jail or workhouse, community-based correctional facility, halfway 130
house, alternative residential facility, or state correctional 131
institution or in any facility for delinquent children for 132
committing an act that would be a felony or an offense of violence 133
if committed by an adult, and any other information that the 134
superintendent may receive from law enforcement officials of the 135
state and its political subdivisions.136

       (4) The superintendent shall carry out Chapter 2950. of the 137
Revised Code with respect to the registration of persons who are 138
convicted of or plead guilty to a sexually oriented offense or a 139
child-victim oriented offense and with respect to all other duties 140
imposed on the bureau under that chapter.141

       (5) The bureau shall perform centralized recordkeeping 142
functions for criminal history records and services in this state 143
for purposes of the national crime prevention and privacy compact 144
set forth in section 109.571 of the Revised Code and is the 145
criminal history record repository as defined in that section for 146
purposes of that compact. The superintendent or the 147
superintendent's designee is the compact officer for purposes of 148
that compact and shall carry out the responsibilities of the 149
compact officer specified in that compact.150

       (B) The superintendent shall prepare and furnish to every 151
county, multicounty, municipal, municipal-county, or 152
multicounty-municipal jail or workhouse, community-based 153
correctional facility, halfway house, alternative residential 154
facility, or state correctional institution and to every clerk of 155
a court in this state specified in division (A)(2) of this section 156
standard forms for reporting the information required under 157
division (A) of this section. The standard forms that the 158
superintendent prepares pursuant to this division may be in a 159
tangible format, in an electronic format, or in both tangible 160
formats and electronic formats.161

       (C)(1) The superintendent may operate a center for 162
electronic, automated, or other data processing for the storage 163
and retrieval of information, data, and statistics pertaining to 164
criminals and to children under eighteen years of age who are 165
adjudicated delinquent children for committing an act that would 166
be a felony or an offense of violence if committed by an adult, 167
criminal activity, crime prevention, law enforcement, and criminal 168
justice, and may establish and operate a statewide communications 169
network to gather and disseminate information, data, and 170
statistics for the use of law enforcement agencies and for other 171
uses specified in this division. The superintendent may gather, 172
store, retrieve, and disseminate information, data, and statistics 173
that pertain to children who are under eighteen years of age and 174
that are gathered pursuant to sections 109.57 to 109.61 of the 175
Revised Code together with information, data, and statistics that 176
pertain to adults and that are gathered pursuant to those 177
sections. 178

       (2) The superintendent or the superintendent's designee shall 179
gather information of the nature described in division (C)(1) of 180
this section that pertains to the offense and delinquency history 181
of a person who has been convicted of, pleaded guilty to, or been 182
adjudicated a delinquent child for committing a sexually oriented 183
offense or a child-victim oriented offense for inclusion in the 184
state registry of sex offenders and child-victim offenders 185
maintained pursuant to division (A)(1) of section 2950.13 of the 186
Revised Code and in the internet database operated pursuant to 187
division (A)(13) of that section and for possible inclusion in the 188
internet database operated pursuant to division (A)(11) of that 189
section.190

        (3) In addition to any other authorized use of information, 191
data, and statistics of the nature described in division (C)(1) of 192
this section, the superintendent or the superintendent's designee 193
may provide and exchange the information, data, and statistics 194
pursuant to the national crime prevention and privacy compact as 195
described in division (A)(5) of this section.196

       (D) The information and materials furnished to the 197
superintendent pursuant to division (A) of this section and 198
information and materials furnished to any board or person under 199
division (F) or (G) of this section are not public records under 200
section 149.43 of the Revised Code. The superintendent or the 201
superintendent's designee shall gather and retain information so 202
furnished under division (A) of this section that pertains to the 203
offense and delinquency history of a person who has been convicted 204
of, pleaded guilty to, or been adjudicated a delinquent child for 205
committing a sexually oriented offense or a child-victim oriented 206
offense for the purposes described in division (C)(2) of this 207
section.208

       (E) The attorney general shall adopt rules, in accordance 209
with Chapter 119. of the Revised Code, setting forth the procedure 210
by which a person may receive or release information gathered by 211
the superintendent pursuant to division (A) of this section. A 212
reasonable fee may be charged for this service. If a temporary 213
employment service submits a request for a determination of 214
whether a person the service plans to refer to an employment 215
position has been convicted of or pleaded guilty to an offense 216
listed in division (A)(1), (3), (4), (5), or (6) of section 217
109.572 of the Revised Code, the request shall be treated as a 218
single request and only one fee shall be charged.219

       (F)(1) As used in division (F)(2) of this section, "head 220
start agency" means an entity in this state that has been approved 221
to be an agency for purposes of subchapter II of the "Community 222
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 223
as amended.224

       (2)(a) In addition to or in conjunction with any request that 225
is required to be made under section 109.572, 2151.86, 3301.32, 226
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 227
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 228
Code or that is made under section 3314.41, 3319.392, or 3326.25, 229
or 3328.20 of the Revised Code, the board of education of any 230
school district; the director of developmental disabilities; any 231
county board of developmental disabilities; any entity under 232
contract with a county board of developmental disabilities; the 233
chief administrator of any chartered nonpublic school; the chief 234
administrator of any home health agency; the chief administrator 235
of or person operating any child day-care center, type A family 236
day-care home, or type B family day-care home licensed or 237
certified under Chapter 5104. of the Revised Code; the 238
administrator of any type C family day-care home certified 239
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 240
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 241
assembly; the chief administrator of any head start agency; the 242
executive director of a public children services agency; a private 243
company described in section 3314.41, 3319.392, or 3326.25, or 244
3328.20 of the Revised Code; or an employer described in division 245
(J)(2) of section 3327.10 of the Revised Code may request that the 246
superintendent of the bureau investigate and determine, with 247
respect to any individual who has applied for employment in any 248
position after October 2, 1989, or any individual wishing to apply 249
for employment with a board of education may request, with regard 250
to the individual, whether the bureau has any information gathered 251
under division (A) of this section that pertains to that 252
individual. On receipt of the request, the superintendent shall 253
determine whether that information exists and, upon request of the 254
person, board, or entity requesting information, also shall 255
request from the federal bureau of investigation any criminal 256
records it has pertaining to that individual. The superintendent 257
or the superintendent's designee also may request criminal history 258
records from other states or the federal government pursuant to 259
the national crime prevention and privacy compact set forth in 260
section 109.571 of the Revised Code. Within thirty days of the 261
date that the superintendent receives a request, the 262
superintendent shall send to the board, entity, or person a report 263
of any information that the superintendent determines exists, 264
including information contained in records that have been sealed 265
under section 2953.32 of the Revised Code, and, within thirty days 266
of its receipt, shall send the board, entity, or person a report 267
of any information received from the federal bureau of 268
investigation, other than information the dissemination of which 269
is prohibited by federal law.270

       (b) When a board of education is required to receive 271
information under this section as a prerequisite to employment of 272
an individual pursuant to section 3319.39 of the Revised Code, it 273
may accept a certified copy of records that were issued by the 274
bureau of criminal identification and investigation and that are 275
presented by an individual applying for employment with the 276
district in lieu of requesting that information itself. In such a 277
case, the board shall accept the certified copy issued by the 278
bureau in order to make a photocopy of it for that individual's 279
employment application documents and shall return the certified 280
copy to the individual. In a case of that nature, a district only 281
shall accept a certified copy of records of that nature within one 282
year after the date of their issuance by the bureau.283

       (c) Notwithstanding division (F)(2)(a) of this section, in 284
the case of a request under section 3319.39, 3319.391, or 3327.10 285
of the Revised Code only for criminal records maintained by the 286
federal bureau of investigation, the superintendent shall not 287
determine whether any information gathered under division (A) of 288
this section exists on the person for whom the request is made.289

       (3) The state board of education may request, with respect to 290
any individual who has applied for employment after October 2, 291
1989, in any position with the state board or the department of 292
education, any information that a school district board of 293
education is authorized to request under division (F)(2) of this 294
section, and the superintendent of the bureau shall proceed as if 295
the request has been received from a school district board of 296
education under division (F)(2) of this section.297

       (4) When the superintendent of the bureau receives a request 298
for information under section 3319.291 of the Revised Code, the 299
superintendent shall proceed as if the request has been received 300
from a school district board of education and shall comply with 301
divisions (F)(2)(a) and (c) of this section.302

       (5) When a recipient of a classroom reading improvement grant 303
paid under section 3301.86 of the Revised Code requests, with 304
respect to any individual who applies to participate in providing 305
any program or service funded in whole or in part by the grant, 306
the information that a school district board of education is 307
authorized to request under division (F)(2)(a) of this section, 308
the superintendent of the bureau shall proceed as if the request 309
has been received from a school district board of education under 310
division (F)(2)(a) of this section.311

       (G) In addition to or in conjunction with any request that is 312
required to be made under section 3701.881, 3712.09, 3721.121, or 313
3722.151 of the Revised Code with respect to an individual who has 314
applied for employment in a position that involves providing 315
direct care to an older adult, the chief administrator of a home 316
health agency, hospice care program, home licensed under Chapter 317
3721. of the Revised Code, adult day-care program operated 318
pursuant to rules adopted under section 3721.04 of the Revised 319
Code, or adult care facility may request that the superintendent 320
of the bureau investigate and determine, with respect to any 321
individual who has applied after January 27, 1997, for employment 322
in a position that does not involve providing direct care to an 323
older adult, whether the bureau has any information gathered under 324
division (A) of this section that pertains to that individual.325

       In addition to or in conjunction with any request that is 326
required to be made under section 173.27 of the Revised Code with 327
respect to an individual who has applied for employment in a 328
position that involves providing ombudsperson services to 329
residents of long-term care facilities or recipients of 330
community-based long-term care services, the state long-term care 331
ombudsperson, ombudsperson's designee, or director of health may 332
request that the superintendent investigate and determine, with 333
respect to any individual who has applied for employment in a 334
position that does not involve providing such ombudsperson 335
services, whether the bureau has any information gathered under 336
division (A) of this section that pertains to that applicant.337

       In addition to or in conjunction with any request that is 338
required to be made under section 173.394 of the Revised Code with 339
respect to an individual who has applied for employment in a 340
position that involves providing direct care to an individual, the 341
chief administrator of a community-based long-term care agency may 342
request that the superintendent investigate and determine, with 343
respect to any individual who has applied for employment in a 344
position that does not involve providing direct care, whether the 345
bureau has any information gathered under division (A) of this 346
section that pertains to that applicant.347

       On receipt of a request under this division, the 348
superintendent shall determine whether that information exists 349
and, on request of the individual requesting information, shall 350
also request from the federal bureau of investigation any criminal 351
records it has pertaining to the applicant. The superintendent or 352
the superintendent's designee also may request criminal history 353
records from other states or the federal government pursuant to 354
the national crime prevention and privacy compact set forth in 355
section 109.571 of the Revised Code. Within thirty days of the 356
date a request is received, the superintendent shall send to the 357
requester a report of any information determined to exist, 358
including information contained in records that have been sealed 359
under section 2953.32 of the Revised Code, and, within thirty days 360
of its receipt, shall send the requester a report of any 361
information received from the federal bureau of investigation, 362
other than information the dissemination of which is prohibited by 363
federal law.364

       (H) Information obtained by a government entity or person 365
under this section is confidential and shall not be released or 366
disseminated.367

       (I) The superintendent may charge a reasonable fee for 368
providing information or criminal records under division (F)(2) or 369
(G) of this section.370

       (J) As used in this section, "sexually oriented offense" and 371
"child-victim oriented offense" have the same meanings as in 372
section 2950.01 of the Revised Code.373

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 374
education of any city, exempted village, or local school district 375
that operates a high school to any person to whom all of the 376
following apply:377

       (1) The person has successfully completed the curriculum in 378
any high school or the individualized education program developed 379
for the person by any high school pursuant to section 3323.08 of 380
the Revised Code, or has qualified under division (D) or (F) of 381
section 3313.603 of the Revised Code, provided that no school 382
district shall require a student to remain in school for any 383
specific number of semesters or other terms if the student 384
completes the required curriculum early;385

       (2) Subject to section 3313.614 of the Revised Code, the 386
person has met the assessment requirements of division (A)(2)(a) 387
or (b) of this section, as applicable.388

       (a) If the person entered the ninth grade prior to the date 389
prescribed by rule of the state board of education under division 390
(E)(2) of section 3301.0712 of the Revised Code, the person 391
either:392

       (i) Has attained at least the applicable scores designated 393
under division (B)(1) of section 3301.0710 of the Revised Code on 394
all the assessments required by that division unless the person 395
was excused from taking any such assessment pursuant to section 396
3313.532 of the Revised Code or unless division (H) or (L) of this 397
section applies to the person;398

       (ii) Has satisfied the alternative conditions prescribed in 399
section 3313.615 of the Revised Code.400

       (b) If the person entered the ninth grade on or after the 401
date prescribed by rule of the state board under division (E)(2) 402
of section 3301.0712 of the Revised Code, the person has attained 403
on the entire assessment system prescribed under division (B)(2) 404
of section 3301.0710 of the Revised Code at least the required 405
passing composite score, designated under division (C)(1) of 406
section 3301.0712 of the Revised Code, except to the extent that 407
the person is excused from some portion of that assessment system 408
pursuant to section 3313.532 of the Revised Code or division (H) 409
or (L) of this section.410

       (3) The person is not eligible to receive an honors diploma 411
granted pursuant to division (B) of this section.412

       Except as provided in divisions (C), (E), (J), and (L) of 413
this section, no diploma shall be granted under this division to 414
anyone except as provided under this division.415

       (B) In lieu of a diploma granted under division (A) of this 416
section, an honors diploma shall be granted, in accordance with 417
rules of the state board, by any such district board to anyone who 418
accomplishes all of the following:419

       (1) Successfully completes the curriculum in any high school 420
or the individualized education program developed for the person 421
by any high school pursuant to section 3323.08 of the Revised 422
Code;423

       (2) Subject to section 3313.614 of the Revised Code, has met 424
the assessment requirements of division (B)(2)(a) or (b) of this 425
section, as applicable.426

       (a) If the person entered the ninth grade prior to the date 427
prescribed by rule of the state board of education under division 428
(E)(2) of section 3301.0712 of the Revised Code, the person 429
either:430

       (i) Has attained at least the applicable scores designated 431
under division (B)(1) of section 3301.0710 of the Revised Code on 432
all the assessments required by that division;433

       (ii) Has satisfied the alternative conditions prescribed in 434
section 3313.615 of the Revised Code.435

       (b) If the person entered the ninth grade on or after the 436
date prescribed by rule of the state board under division (E)(2) 437
of section 3301.0712 of the Revised Code, the person has attained 438
on the entire assessment system prescribed under division (B)(2) 439
of section 3301.0710 of the Revised Code at least the required 440
passing composite score, designated under division (C)(1) of 441
section 3301.0712 of the Revised Code.442

       (3) Has met additional criteria established by the state 443
board for the granting of such a diploma. 444

        An honors diploma shall not be granted to a student who is 445
subject to the Ohio core curriculum prescribed in division (C) of 446
section 3313.603 of the Revised Code but elects the option of 447
division (D) or (F) of that section. Except as provided in 448
divisions (C), (E), and (J) of this section, no honors diploma 449
shall be granted to anyone failing to comply with this division 450
and no more than one honors diploma shall be granted to any 451
student under this division.452

       The state board shall adopt rules prescribing the granting of 453
honors diplomas under this division. These rules may prescribe the 454
granting of honors diplomas that recognize a student's achievement 455
as a whole or that recognize a student's achievement in one or 456
more specific subjects or both. The rules may prescribe the 457
granting of an honors diploma recognizing technical expertise for 458
a career-technical student. In any case, the rules shall designate 459
two or more criteria for the granting of each type of honors 460
diploma the board establishes under this division and the number 461
of such criteria that must be met for the granting of that type of 462
diploma. The number of such criteria for any type of honors 463
diploma shall be at least one less than the total number of 464
criteria designated for that type and no one or more particular 465
criteria shall be required of all persons who are to be granted 466
that type of diploma.467

       (C) Any district board administering any of the assessments 468
required by section 3301.0710 of the Revised Code to any person 469
requesting to take such assessment pursuant to division (B)(8)(b) 470
of section 3301.0711 of the Revised Code shall award a diploma to 471
such person if the person attains at least the applicable scores 472
designated under division (B)(1) of section 3301.0710 of the 473
Revised Code on all the assessments administered and if the person 474
has previously attained the applicable scores on all the other 475
assessments required by division (B)(1) of that section or has 476
been exempted or excused from attaining the applicable score on 477
any such assessment pursuant to division (H) or (L) of this 478
section or from taking any such assessment pursuant to section 479
3313.532 of the Revised Code.480

       (D) Each diploma awarded under this section shall be signed 481
by the president and treasurer of the issuing board, the 482
superintendent of schools, and the principal of the high school. 483
Each diploma shall bear the date of its issue, be in such form as 484
the district board prescribes, and be paid for out of the 485
district's general fund.486

       (E) A person who is a resident of Ohio and is eligible under 487
state board of education minimum standards to receive a high 488
school diploma based in whole or in part on credits earned while 489
an inmate of a correctional institution operated by the state or 490
any political subdivision thereof, shall be granted such diploma 491
by the correctional institution operating the programs in which 492
such credits were earned, and by the board of education of the 493
school district in which the inmate resided immediately prior to 494
the inmate's placement in the institution. The diploma granted by 495
the correctional institution shall be signed by the director of 496
the institution, and by the person serving as principal of the 497
institution's high school and shall bear the date of issue.498

       (F) Persons who are not residents of Ohio but who are inmates 499
of correctional institutions operated by the state or any 500
political subdivision thereof, and who are eligible under state 501
board of education minimum standards to receive a high school 502
diploma based in whole or in part on credits earned while an 503
inmate of the correctional institution, shall be granted a diploma 504
by the correctional institution offering the program in which the 505
credits were earned. The diploma granted by the correctional 506
institution shall be signed by the director of the institution and 507
by the person serving as principal of the institution's high 508
school and shall bear the date of issue.509

       (G) The state board of education shall provide by rule for 510
the administration of the assessments required by section 511
3301.0710 of the Revised Code to inmates of correctional 512
institutions.513

       (H) Any person to whom all of the following apply shall be 514
exempted from attaining the applicable score on the assessment in 515
social studies designated under division (B)(1) of section 516
3301.0710 of the Revised Code, any social studies end-of-course 517
examination required under division (B)(2) of that section if such 518
an exemption is prescribed by rule of the state board under 519
division (E)(4) of section 3301.0712 of the Revised Code, or the 520
test in citizenship designated under former division (B) of 521
section 3301.0710 of the Revised Code as it existed prior to 522
September 11, 2001:523

       (1) The person is not a citizen of the United States;524

       (2) The person is not a permanent resident of the United 525
States;526

       (3) The person indicates no intention to reside in the United 527
States after the completion of high school.528

       (I) Notwithstanding division (D) of section 3311.19 and 529
division (D) of section 3311.52 of the Revised Code, this section 530
and section 3311.611 of the Revised Code do not apply to the board 531
of education of any joint vocational school district or any 532
cooperative education school district established pursuant to 533
divisions (A) to (C) of section 3311.52 of the Revised Code.534

       (J) Upon receipt of a notice under division (D) of section 535
3325.08 or division (D) of section 3328.25 of the Revised Code 536
that a student has received a diploma under thateither section, 537
the board of education receiving the notice may grant a high 538
school diploma under this section to the student, except that such 539
board shall grant the student a diploma if the student meets the 540
graduation requirements that the student would otherwise have had 541
to meet to receive a diploma from the district. The diploma 542
granted under this section shall be of the same type the notice 543
indicates the student received under section 3325.08 or 3328.25 of 544
the Revised Code.545

       (K) As used in this division, "limited English proficient 546
student" has the same meaning as in division (C)(3) of section 547
3301.0711 of the Revised Code.548

        Notwithstanding division (C)(3) of section 3301.0711 of the 549
Revised Code, no limited English proficient student who has not 550
either attained the applicable scores designated under division 551
(B)(1) of section 3301.0710 of the Revised Code on all the 552
assessments required by that division, or attained the composite 553
score designated for the assessments required by division (B)(2) 554
of that section, shall be awarded a diploma under this section.555

       (L) Any student described by division (A)(1) of this section 556
may be awarded a diploma without attaining the applicable scores 557
designated on the assessments prescribed under division (B) of 558
section 3301.0710 of the Revised Code provided an individualized 559
education program specifically exempts the student from attaining 560
such scores. This division does not negate the requirement for 561
such a student to take all such assessments or alternate 562
assessments required by division (C)(1) of section 3301.0711 of 563
the Revised Code for the purpose of assessing student progress as 564
required by federal law.565

       Sec. 3317.03.  The information certified and verified under 566
this section shall be used to calculate payments under this 567
chapter and Chapter 3306. of the Revised Code.568

       (A) The superintendent of each city, local, and exempted 569
village school district and of each educational service center 570
shall, for the schools under the superintendent's supervision, 571
certify to the state board of education on or before the fifteenth 572
day of October in each year for the first full school week in 573
October the average daily membership of students receiving 574
services from schools under the superintendent's supervision, and 575
the numbers of other students entitled to attend school in the 576
district under section 3313.64 or 3313.65 of the Revised Code the 577
superintendent is required to report under this section, so that 578
the department of education can calculate the district's formula 579
ADM. If a school under the superintendent's supervision is closed 580
for one or more days during that week due to hazardous weather 581
conditions or other circumstances described in the first paragraph 582
of division (B) of section 3317.01 of the Revised Code, the 583
superintendent may apply to the superintendent of public 584
instruction for a waiver, under which the superintendent of public 585
instruction may exempt the district superintendent from certifying 586
the average daily membership for that school for that week and 587
specify an alternate week for certifying the average daily 588
membership of that school.589

       The average daily membership during such week shall consist 590
of the sum of the following:591

       (1) On an FTE basis, the number of students in grades 592
kindergarten through twelve receiving any educational services 593
from the district, except that the following categories of 594
students shall not be included in the determination:595

       (a) Students enrolled in adult education classes;596

       (b) Adjacent or other district students enrolled in the 597
district under an open enrollment policy pursuant to section 598
3313.98 of the Revised Code;599

       (c) Students receiving services in the district pursuant to a 600
compact, cooperative education agreement, or a contract, but who 601
are entitled to attend school in another district pursuant to 602
section 3313.64 or 3313.65 of the Revised Code;603

       (d) Students for whom tuition is payable pursuant to sections 604
3317.081 and 3323.141 of the Revised Code;605

       (e) Students receiving services in the district through a 606
scholarship awarded under section 3310.41 of the Revised Code.607

       (2) On an FTE basis, the number of students entitled to 608
attend school in the district pursuant to section 3313.64 or 609
3313.65 of the Revised Code, but receiving educational services in 610
grades kindergarten through twelve from one or more of the 611
following entities:612

       (a) A community school pursuant to Chapter 3314. of the 613
Revised Code, including any participation in a college pursuant to 614
Chapter 3365. of the Revised Code while enrolled in such community 615
school;616

       (b) An alternative school pursuant to sections 3313.974 to 617
3313.979 of the Revised Code as described in division (I)(2)(a) or 618
(b) of this section;619

       (c) A college pursuant to Chapter 3365. of the Revised Code, 620
except when the student is enrolled in the college while also 621
enrolled in a community school pursuant to Chapter 3314. or a 622
science, technology, engineering, and mathematics school 623
established under Chapter 3326. of the Revised Code;624

       (d) An adjacent or other school district under an open 625
enrollment policy adopted pursuant to section 3313.98 of the 626
Revised Code;627

       (e) An educational service center or cooperative education 628
district;629

       (f) Another school district under a cooperative education 630
agreement, compact, or contract;631

       (g) A chartered nonpublic school with a scholarship paid 632
under section 3310.08 of the Revised Code;633

        (h) An alternative public provider or a registered private 634
provider with a scholarship awarded under section 3310.41 of the 635
Revised Code. 636

       As used in this section, "alternative public provider" and 637
"registered private provider" have the same meanings as in section 638
3310.41 of the Revised Code.639

       (i) A science, technology, engineering, and mathematics 640
school established under Chapter 3326. of the Revised Code, 641
including any participation in a college pursuant to Chapter 3365. 642
of the Revised Code while enrolled in the school;643

       (j) A college-preparatory boarding school established under 644
Chapter 3328. of the Revised Code.645

       (3) The number of students enrolled in a joint vocational 646
school district or under a vocational education compact, excluding 647
any students entitled to attend school in the district under 648
section 3313.64 or 3313.65 of the Revised Code who are enrolled in 649
another school district through an open enrollment policy as 650
reported under division (A)(2)(d) of this section and then enroll 651
in a joint vocational school district or under a vocational 652
education compact;653

       (4) The number of children with disabilities, other than 654
preschool children with disabilities, entitled to attend school in 655
the district pursuant to section 3313.64 or 3313.65 of the Revised 656
Code who are placed by the district with a county DD board, minus 657
the number of such children placed with a county DD board in 658
fiscal year 1998. If this calculation produces a negative number, 659
the number reported under division (A)(4) of this section shall be 660
zero.661

       (B) To enable the department of education to obtain the data 662
needed to complete the calculation of payments pursuant to this 663
chapter and Chapter 3306. of the Revised Code, in addition to the 664
average daily membership, each superintendent shall report 665
separately the following student counts for the same week for 666
which average daily membership is certified:667

       (1) The total average daily membership in regular learning 668
day classes included in the report under division (A)(1) or (2) of 669
this section for each of the individual grades kindergarten 670
through twelve in schools under the superintendent's supervision;671

       (2) The number of all preschool children with disabilities 672
enrolled as of the first day of December in classes in the 673
district that are eligible for approval under division (B) of 674
section 3317.05 of the Revised Code and the number of those 675
classes, which shall be reported not later than the fifteenth day 676
of December, in accordance with rules adopted under that section;677

       (3) The number of children entitled to attend school in the 678
district pursuant to section 3313.64 or 3313.65 of the Revised 679
Code who are:680

       (a) Participating in a pilot project scholarship program 681
established under sections 3313.974 to 3313.979 of the Revised 682
Code as described in division (I)(2)(a) or (b) of this section;683

       (b) Enrolled in a college under Chapter 3365. of the Revised 684
Code, except when the student is enrolled in the college while 685
also enrolled in a community school pursuant to Chapter 3314. or a 686
science, technology, engineering, and mathematics school 687
established under Chapter 3326. of the Revised Code;688

       (c) Enrolled in an adjacent or other school district under 689
section 3313.98 of the Revised Code;690

       (d) Enrolled in a community school established under Chapter 691
3314. of the Revised Code that is not an internet- or 692
computer-based community school as defined in section 3314.02 of 693
the Revised Code, including any participation in a college 694
pursuant to Chapter 3365. of the Revised Code while enrolled in 695
such community school;696

       (e) Enrolled in an internet- or computer-based community 697
school, as defined in section 3314.02 of the Revised Code, 698
including any participation in a college pursuant to Chapter 3365. 699
of the Revised Code while enrolled in the school;700

        (f) Enrolled in a chartered nonpublic school with a 701
scholarship paid under section 3310.08 of the Revised Code;702

       (g) Enrolled in kindergarten through grade twelve in an 703
alternative public provider or a registered private provider with 704
a scholarship awarded under section 3310.41 of the Revised Code;705

        (h) Enrolled as a preschool child with a disability in an 706
alternative public provider or a registered private provider with 707
a scholarship awarded under section 3310.41 of the Revised Code;708

       (i) Participating in a program operated by a county DD board 709
or a state institution;710

       (j) Enrolled in a science, technology, engineering, and 711
mathematics school established under Chapter 3326. of the Revised 712
Code, including any participation in a college pursuant to Chapter 713
3365. of the Revised Code while enrolled in the school;714

       (k) Enrolled in a college-preparatory boarding school 715
established under Chapter 3328. of the Revised Code.716

       (4) The number of pupils enrolled in joint vocational 717
schools;718

       (5) The average daily membership of children with 719
disabilities reported under division (A)(1) or (2) of this section 720
receiving special education services for the category one 721
disability described in division (D)(1) of section 3306.02 of the 722
Revised Code;723

       (6) The average daily membership of children with 724
disabilities reported under division (A)(1) or (2) of this section 725
receiving special education services for category two disabilities 726
described in division (D)(2) of section 3306.02 of the Revised 727
Code;728

       (7) The average daily membership of children with 729
disabilities reported under division (A)(1) or (2) of this section 730
receiving special education services for category three 731
disabilities described in division (D)(3) of section 3306.02 of 732
the Revised Code;733

       (8) The average daily membership of children with 734
disabilities reported under division (A)(1) or (2) of this section 735
receiving special education services for category four 736
disabilities described in division (D)(4) of section 3306.02 of 737
the Revised Code;738

       (9) The average daily membership of children with 739
disabilities reported under division (A)(1) or (2) of this section 740
receiving special education services for the category five 741
disabilities described in division (D)(5) of section 3306.02 of 742
the Revised Code;743

       (10) The combined average daily membership of children with 744
disabilities reported under division (A)(1) or (2) and under 745
division (B)(3)(h) of this section receiving special education 746
services for category six disabilities described in division 747
(D)(6) of section 3306.02 of the Revised Code, including children 748
attending a special education program operated by an alternative 749
public provider or a registered private provider with a 750
scholarship awarded under section 3310.41 of the Revised Code;751

       (11) The average daily membership of pupils reported under 752
division (A)(1) or (2) of this section enrolled in category one 753
vocational education programs or classes, described in division 754
(A) of section 3317.014 of the Revised Code, operated by the 755
school district or by another district, other than a joint 756
vocational school district, or by an educational service center, 757
excluding any student reported under division (B)(3)(e) of this 758
section as enrolled in an internet- or computer-based community 759
school, notwithstanding division (C) of section 3317.02 of the 760
Revised Code and division (C)(3) of this section;761

       (12) The average daily membership of pupils reported under 762
division (A)(1) or (2) of this section enrolled in category two 763
vocational education programs or services, described in division 764
(B) of section 3317.014 of the Revised Code, operated by the 765
school district or another school district, other than a joint 766
vocational school district, or by an educational service center, 767
excluding any student reported under division (B)(3)(e) of this 768
section as enrolled in an internet- or computer-based community 769
school, notwithstanding division (C) of section 3317.02 of the 770
Revised Code and division (C)(3) of this section;771

       Beginning with fiscal year 2010, vocational education ADM 772
shall not be used to calculate a district's funding but shall be 773
reported under divisions (B)(11) and (12) of this section for 774
statistical purposes.775

       (13) The average number of children transported by the school 776
district on board-owned or contractor-owned and -operated buses, 777
reported in accordance with rules adopted by the department of 778
education;779

       (14)(a) The number of children, other than preschool children 780
with disabilities, the district placed with a county DD board in 781
fiscal year 1998;782

       (b) The number of children with disabilities, other than 783
preschool children with disabilities, placed with a county DD 784
board in the current fiscal year to receive special education 785
services for the category one disability described in division 786
(D)(1) of section 3306.02 of the Revised Code;787

       (c) The number of children with disabilities, other than 788
preschool children with disabilities, placed with a county DD 789
board in the current fiscal year to receive special education 790
services for category two disabilities described in division 791
(D)(2) of section 3306.02 of the Revised Code;792

       (d) The number of children with disabilities, other than 793
preschool children with disabilities, placed with a county DD 794
board in the current fiscal year to receive special education 795
services for category three disabilities described in division 796
(D)(3) of section 3306.02 of the Revised Code;797

       (e) The number of children with disabilities, other than 798
preschool children with disabilities, placed with a county DD 799
board in the current fiscal year to receive special education 800
services for category four disabilities described in division 801
(D)(4) of section 3306.02 of the Revised Code;802

       (f) The number of children with disabilities, other than 803
preschool children with disabilities, placed with a county DD 804
board in the current fiscal year to receive special education 805
services for the category five disabilities described in division 806
(D)(5) of section 3306.02 of the Revised Code;807

       (g) The number of children with disabilities, other than 808
preschool children with disabilities, placed with a county DD 809
board in the current fiscal year to receive special education 810
services for category six disabilities described in division 811
(D)(6) of section 3306.02 of the Revised Code.812

       (C)(1) The average daily membership in divisions (B)(1) to 813
(12) of this section shall be based upon the number of full-time 814
equivalent students. The state board of education shall adopt 815
rules defining full-time equivalent students and for determining 816
the average daily membership therefrom for the purposes of 817
divisions (A), (B), and (D) of this section. Each student enrolled 818
in kindergarten shall be counted as one full-time equivalent 819
student regardless of whether the student is enrolled in a 820
part-day or all-day kindergarten class.821

       (2) A student enrolled in a community school established 822
under Chapter 3314. or; a science, technology, engineering, and 823
mathematics school established under Chapter 3326.; or a 824
college-preparatory boarding school established under Chapter 825
3328. of the Revised Code shall be counted in the formula ADM and, 826
if applicable, the category one, two, three, four, five, or six 827
special education ADM of the school district in which the student 828
is entitled to attend school under section 3313.64 or 3313.65 of 829
the Revised Code for the same proportion of the school year that 830
the student is counted in the enrollment of the community school 831
or the; science, technology, engineering, and mathematics school; 832
or college-preparatory boarding school for purposes of section 833
3314.08 or, 3326.33, or 3328.34 of the Revised Code. 834
Notwithstanding the number of students reported pursuant to 835
division (B)(3)(d), (e), or (j), or (k) of this section, the 836
department may adjust the formula ADM of a school district to 837
account for students entitled to attend school in the district 838
under section 3313.64 or 3313.65 of the Revised Code who are 839
enrolled in a community school or a; science, technology, 840
engineering, and mathematics school; or college-preparatory 841
boarding school for only a portion of the school year.842

        (3) No child shall be counted as more than a total of one 843
child in the sum of the average daily memberships of a school 844
district under division (A), divisions (B)(1) to (12), or division 845
(D) of this section, except as follows:846

       (a) A child with a disability described in division (D) of 847
section 3306.02 of the Revised Code may be counted both in formula 848
ADM and in category one, two, three, four, five, or six special 849
education ADM and, if applicable, in category one or two 850
vocational education ADM. As provided in division (C) of section 851
3317.02 of the Revised Code, such a child shall be counted in 852
category one, two, three, four, five, or six special education ADM 853
in the same proportion that the child is counted in formula ADM.854

       (b) A child enrolled in vocational education programs or 855
classes described in section 3317.014 of the Revised Code may be 856
counted both in formula ADM and category one or two vocational 857
education ADM and, if applicable, in category one, two, three, 858
four, five, or six special education ADM. Such a child shall be 859
counted in category one or two vocational education ADM in the 860
same proportion as the percentage of time that the child spends in 861
the vocational education programs or classes.862

       (4) Based on the information reported under this section, the 863
department of education shall determine the total student count, 864
as defined in section 3301.011 of the Revised Code, for each 865
school district.866

       (D)(1) The superintendent of each joint vocational school 867
district shall certify to the superintendent of public instruction 868
on or before the fifteenth day of October in each year for the 869
first full school week in October the formula ADM, for purposes of 870
section 3318.42 of the Revised Code and for any other purpose 871
prescribed by law for which "formula ADM" of the joint vocational 872
district is a factor. If a school operated by the joint vocational 873
school district is closed for one or more days during that week 874
due to hazardous weather conditions or other circumstances 875
described in the first paragraph of division (B) of section 876
3317.01 of the Revised Code, the superintendent may apply to the 877
superintendent of public instruction for a waiver, under which the 878
superintendent of public instruction may exempt the district 879
superintendent from certifying the formula ADM for that school for 880
that week and specify an alternate week for certifying the formula 881
ADM of that school.882

       The formula ADM, except as otherwise provided in this 883
division, shall consist of the average daily membership during 884
such week, on an FTE basis, of the number of students receiving 885
any educational services from the district, including students 886
enrolled in a community school established under Chapter 3314. or 887
a science, technology, engineering, and mathematics school 888
established under Chapter 3326. of the Revised Code who are 889
attending the joint vocational district under an agreement between 890
the district board of education and the governing authority of the 891
community school or the governing body of the science, technology, 892
engineering, and mathematics school and are entitled to attend 893
school in a city, local, or exempted village school district whose 894
territory is part of the territory of the joint vocational 895
district. 896

        The following categories of students shall not be included in 897
the determination made under division (D)(1) of this section:898

       (a) Students enrolled in adult education classes;899

       (b) Adjacent or other district joint vocational students 900
enrolled in the district under an open enrollment policy pursuant 901
to section 3313.98 of the Revised Code;902

       (c) Students receiving services in the district pursuant to a 903
compact, cooperative education agreement, or a contract, but who 904
are entitled to attend school in a city, local, or exempted 905
village school district whose territory is not part of the 906
territory of the joint vocational district;907

       (d) Students for whom tuition is payable pursuant to sections 908
3317.081 and 3323.141 of the Revised Code.909

       (2) In addition to the formula ADM, each superintendent shall 910
report separately the average daily membership included in the 911
report under division (D)(1) of this section for each of the 912
following categories of students for the same week for which 913
formula ADM is certified:914

       (a) Students enrolled in each individual grade included in 915
the joint vocational district schools;916

       (b) Children with disabilities receiving special education 917
services for the category one disability described in division 918
(D)(1) of section 3306.02 of the Revised Code;919

       (c) Children with disabilities receiving special education 920
services for the category two disabilities described in division 921
(D)(2) of section 3306.02 of the Revised Code;922

       (d) Children with disabilities receiving special education 923
services for category three disabilities described in division 924
(D)(3) of section 3306.02 of the Revised Code;925

       (e) Children with disabilities receiving special education 926
services for category four disabilities described in division 927
(D)(4) of section 3306.02 of the Revised Code;928

       (f) Children with disabilities receiving special education 929
services for the category five disabilities described in division 930
(D)(5) of section 3306.02 of the Revised Code;931

       (g) Children with disabilities receiving special education 932
services for category six disabilities described in division 933
(D)(6) of section 3306.02 of the Revised Code;934

       (h) Students receiving category one vocational education 935
services, described in division (A) of section 3317.014 of the 936
Revised Code;937

       (i) Students receiving category two vocational education 938
services, described in division (B) of section 3317.014 of the 939
Revised Code.940

       The superintendent of each joint vocational school district 941
shall also indicate the city, local, or exempted village school 942
district in which each joint vocational district pupil is entitled 943
to attend school pursuant to section 3313.64 or 3313.65 of the 944
Revised Code.945

       (E) In each school of each city, local, exempted village, 946
joint vocational, and cooperative education school district there 947
shall be maintained a record of school membership, which record 948
shall accurately show, for each day the school is in session, the 949
actual membership enrolled in regular day classes. For the purpose 950
of determining average daily membership, the membership figure of 951
any school shall not include any pupils except those pupils 952
described by division (A) of this section. The record of 953
membership for each school shall be maintained in such manner that 954
no pupil shall be counted as in membership prior to the actual 955
date of entry in the school and also in such manner that where for 956
any cause a pupil permanently withdraws from the school that pupil 957
shall not be counted as in membership from and after the date of 958
such withdrawal. There shall not be included in the membership of 959
any school any of the following:960

       (1) Any pupil who has graduated from the twelfth grade of a 961
public or nonpublic high school;962

       (2) Any pupil who is not a resident of the state;963

       (3) Any pupil who was enrolled in the schools of the district 964
during the previous school year when assessments were administered 965
under section 3301.0711 of the Revised Code but did not take one 966
or more of the assessments required by that section and was not 967
excused pursuant to division (C)(1) or (3) of that section;968

       (4) Any pupil who has attained the age of twenty-two years, 969
except for veterans of the armed services whose attendance was 970
interrupted before completing the recognized twelve-year course of 971
the public schools by reason of induction or enlistment in the 972
armed forces and who apply for reenrollment in the public school 973
system of their residence not later than four years after 974
termination of war or their honorable discharge.975

       If, however, any veteran described by division (E)(4) of this 976
section elects to enroll in special courses organized for veterans 977
for whom tuition is paid under the provisions of federal laws, or 978
otherwise, that veteran shall not be included in average daily 979
membership.980

       Notwithstanding division (E)(3) of this section, the 981
membership of any school may include a pupil who did not take an 982
assessment required by section 3301.0711 of the Revised Code if 983
the superintendent of public instruction grants a waiver from the 984
requirement to take the assessment to the specific pupil and a 985
parent is not paying tuition for the pupil pursuant to section 986
3313.6410 of the Revised Code. The superintendent may grant such a 987
waiver only for good cause in accordance with rules adopted by the 988
state board of education.989

       Except as provided in divisions (B)(2) and (F) of this 990
section, the average daily membership figure of any local, city, 991
exempted village, or joint vocational school district shall be 992
determined by dividing the figure representing the sum of the 993
number of pupils enrolled during each day the school of attendance 994
is actually open for instruction during the week for which the 995
average daily membership is being certified by the total number of 996
days the school was actually open for instruction during that 997
week. For purposes of state funding, "enrolled" persons are only 998
those pupils who are attending school, those who have attended 999
school during the current school year and are absent for 1000
authorized reasons, and those children with disabilities currently 1001
receiving home instruction.1002

       The average daily membership figure of any cooperative 1003
education school district shall be determined in accordance with 1004
rules adopted by the state board of education.1005

       (F)(1) If the formula ADM for the first full school week in 1006
February is at least three per cent greater than that certified 1007
for the first full school week in the preceding October, the 1008
superintendent of schools of any city, exempted village, or joint 1009
vocational school district or educational service center shall 1010
certify such increase to the superintendent of public instruction. 1011
Such certification shall be submitted no later than the fifteenth 1012
day of February. For the balance of the fiscal year, beginning 1013
with the February payments, the superintendent of public 1014
instruction shall use the increased formula ADM in calculating or 1015
recalculating the amounts to be allocated in accordance with 1016
section 3317.022 or 3317.16 of the Revised Code. In no event shall 1017
the superintendent use an increased membership certified to the 1018
superintendent after the fifteenth day of February. Division 1019
(F)(1) of this section does not apply after fiscal year 2006.1020

       (2) If on the first school day of April the total number of 1021
classes or units for preschool children with disabilities that are 1022
eligible for approval under division (B) of section 3317.05 of the 1023
Revised Code exceeds the number of units that have been approved 1024
for the year under that division, the superintendent of schools of 1025
any city, exempted village, or cooperative education school 1026
district or educational service center shall make the 1027
certifications required by this section for that day. If the 1028
department determines additional units can be approved for the 1029
fiscal year within any limitations set forth in the acts 1030
appropriating moneys for the funding of such units, the department 1031
shall approve additional units for the fiscal year on the basis of 1032
such average daily membership. For each unit so approved, the 1033
department shall pay an amount computed in the manner prescribed 1034
in section 3317.052 or 3317.19 and section 3317.053 of the Revised 1035
Code.1036

       (3) If a student attending a community school under Chapter 1037
3314. or; a science, technology, engineering, and mathematics 1038
school established under Chapter 3326.; or a college-preparatory 1039
boarding school established under Chapter 3328. of the Revised 1040
Code is not included in the formula ADM certified for the school 1041
district in which the student is entitled to attend school under 1042
section 3313.64 or 3313.65 of the Revised Code, the department of 1043
education shall adjust the formula ADM of that school district to 1044
include the student in accordance with division (C)(2) of this 1045
section, and shall recalculate the school district's payments 1046
under this chapter and Chapter 3306. of the Revised Code for the 1047
entire fiscal year on the basis of that adjusted formula ADM. This 1048
requirement applies regardless of whether the student was 1049
enrolled, as defined in division (E) of this section, in the 1050
community school or the; science, technology, engineering, and 1051
mathematics school; or college-preparatory boarding school during 1052
the week for which the formula ADM is being certified.1053

       (4) If a student awarded an educational choice scholarship is 1054
not included in the formula ADM of the school district from which 1055
the department deducts funds for the scholarship under section 1056
3310.08 of the Revised Code, the department shall adjust the 1057
formula ADM of that school district to include the student to the 1058
extent necessary to account for the deduction, and shall 1059
recalculate the school district's payments under this chapter and 1060
Chapter 3306. of the Revised Code for the entire fiscal year on 1061
the basis of that adjusted formula ADM. This requirement applies 1062
regardless of whether the student was enrolled, as defined in 1063
division (E) of this section, in the chartered nonpublic school, 1064
the school district, or a community school during the week for 1065
which the formula ADM is being certified.1066

       (G)(1)(a) The superintendent of an institution operating a 1067
special education program pursuant to section 3323.091 of the 1068
Revised Code shall, for the programs under such superintendent's 1069
supervision, certify to the state board of education, in the 1070
manner prescribed by the superintendent of public instruction, 1071
both of the following:1072

       (i) The average daily membership of all children with 1073
disabilities other than preschool children with disabilities 1074
receiving services at the institution for each category of 1075
disability described in divisions (D)(1) to (6) of section 3306.02 1076
of the Revised Code;1077

       (ii) The average daily membership of all preschool children 1078
with disabilities in classes or programs approved annually by the 1079
department of education for unit funding under section 3317.05 of 1080
the Revised Code.1081

       (b) The superintendent of an institution with vocational 1082
education units approved under division (A) of section 3317.05 of 1083
the Revised Code shall, for the units under the superintendent's 1084
supervision, certify to the state board of education the average 1085
daily membership in those units, in the manner prescribed by the 1086
superintendent of public instruction.1087

       (2) The superintendent of each county DD board that maintains 1088
special education classes under section 3317.20 of the Revised 1089
Code or units approved pursuant to section 3317.05 of the Revised 1090
Code shall do both of the following:1091

       (a) Certify to the state board, in the manner prescribed by 1092
the board, the average daily membership in classes under section 1093
3317.20 of the Revised Code for each school district that has 1094
placed children in the classes;1095

       (b) Certify to the state board, in the manner prescribed by 1096
the board, the number of all preschool children with disabilities 1097
enrolled as of the first day of December in classes eligible for 1098
approval under division (B) of section 3317.05 of the Revised 1099
Code, and the number of those classes.1100

       (3)(a) If on the first school day of April the number of 1101
classes or units maintained for preschool children with 1102
disabilities by the county DD board that are eligible for approval 1103
under division (B) of section 3317.05 of the Revised Code is 1104
greater than the number of units approved for the year under that 1105
division, the superintendent shall make the certification required 1106
by this section for that day.1107

       (b) If the department determines that additional classes or 1108
units can be approved for the fiscal year within any limitations 1109
set forth in the acts appropriating moneys for the funding of the 1110
classes and units described in division (G)(3)(a) of this section, 1111
the department shall approve and fund additional units for the 1112
fiscal year on the basis of such average daily membership. For 1113
each unit so approved, the department shall pay an amount computed 1114
in the manner prescribed in sections 3317.052 and 3317.053 of the 1115
Revised Code.1116

       (H) Except as provided in division (I) of this section, when 1117
any city, local, or exempted village school district provides 1118
instruction for a nonresident pupil whose attendance is 1119
unauthorized attendance as defined in section 3327.06 of the 1120
Revised Code, that pupil's membership shall not be included in 1121
that district's membership figure used in the calculation of that 1122
district's formula ADM or included in the determination of any 1123
unit approved for the district under section 3317.05 of the 1124
Revised Code. The reporting official shall report separately the 1125
average daily membership of all pupils whose attendance in the 1126
district is unauthorized attendance, and the membership of each 1127
such pupil shall be credited to the school district in which the 1128
pupil is entitled to attend school under division (B) of section 1129
3313.64 or section 3313.65 of the Revised Code as determined by 1130
the department of education.1131

       (I)(1) A city, local, exempted village, or joint vocational 1132
school district admitting a scholarship student of a pilot project 1133
district pursuant to division (C) of section 3313.976 of the 1134
Revised Code may count such student in its average daily 1135
membership.1136

       (2) In any year for which funds are appropriated for pilot 1137
project scholarship programs, a school district implementing a 1138
state-sponsored pilot project scholarship program that year 1139
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 1140
count in average daily membership:1141

       (a) All children residing in the district and utilizing a 1142
scholarship to attend kindergarten in any alternative school, as 1143
defined in section 3313.974 of the Revised Code;1144

       (b) All children who were enrolled in the district in the 1145
preceding year who are utilizing a scholarship to attend any such 1146
alternative school.1147

       (J) The superintendent of each cooperative education school 1148
district shall certify to the superintendent of public 1149
instruction, in a manner prescribed by the state board of 1150
education, the applicable average daily memberships for all 1151
students in the cooperative education district, also indicating 1152
the city, local, or exempted village district where each pupil is 1153
entitled to attend school under section 3313.64 or 3313.65 of the 1154
Revised Code.1155

       (K) If the superintendent of public instruction determines 1156
that a component of the average daily membership certified or 1157
reported by a district superintendent, or other reporting entity, 1158
is not correct, the superintendent of public instruction may order 1159
that the formula ADM used for the purposes of payments under any 1160
section of Title XXXIII of the Revised Code be adjusted in the 1161
amount of the error.1162

       Sec. 3319.31.  (A) As used in this section and sections 1163
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" 1164
means a certificate, license, or permit described in this chapter 1165
or in division (B) of section 3301.071 or in section 3301.074 of 1166
the Revised Code.1167

       (B) For any of the following reasons, the state board of 1168
education, in accordance with Chapter 119. and section 3319.311 of 1169
the Revised Code, may refuse to issue a license to an applicant; 1170
may limit a license it issues to an applicant; may suspend, 1171
revoke, or limit a license that has been issued to any person; or 1172
may revoke a license that has been issued to any person and has 1173
expired:1174

       (1) Engaging in an immoral act, incompetence, negligence, or 1175
conduct that is unbecoming to the applicant's or person's 1176
position;1177

       (2) A plea of guilty to, a finding of guilt by a jury or 1178
court of, or a conviction of any of the following:1179

       (a) A felony other than a felony listed in division (C) of 1180
this section;1181

       (b) An offense of violence other than an offense of violence 1182
listed in division (C) of this section;1183

       (c) A theft offense, as defined in section 2913.01 of the 1184
Revised Code, other than a theft offense listed in division (C) of 1185
this section;1186

       (d) A drug abuse offense, as defined in section 2925.01 of 1187
the Revised Code, that is not a minor misdemeanor, other than a 1188
drug abuse offense listed in division (C) of this section;1189

       (e) A violation of an ordinance of a municipal corporation 1190
that is substantively comparable to an offense listed in divisions 1191
(B)(2)(a) to (d) of this section.1192

       (3) A judicial finding of eligibility for intervention in 1193
lieu of conviction under section 2951.041 of the Revised Code, or 1194
agreeing to participate in a pre-trial diversion program under 1195
section 2935.36 of the Revised Code, or a similar diversion 1196
program under rules of a court, for any offense listed in division 1197
(B)(2) or (C) of this section;1198

       (4) Failure to comply with section 3314.40, 3319.313, 1199
3326.24, 3328.19, or 5126.253 of the Revised Code.1200

       (C) Upon learning of a plea of guilty to, a finding of guilt 1201
by a jury or court of, or a conviction of any of the offenses 1202
listed in this division by a person who holds a current or expired 1203
license or is an applicant for a license or renewal of a license, 1204
the state board or the superintendent of public instruction, if 1205
the state board has delegated the duty pursuant to division (D) of 1206
this section, shall by a written order revoke the person's license 1207
or deny issuance or renewal of the license to the person. The 1208
state board or the superintendent shall revoke a license that has 1209
been issued to a person to whom this division applies and has 1210
expired in the same manner as a license that has not expired.1211

       Revocation of a license or denial of issuance or renewal of a 1212
license under this division is effective immediately at the time 1213
and date that the board or superintendent issues the written order 1214
and is not subject to appeal in accordance with Chapter 119. of 1215
the Revised Code. Revocation of a license or denial of issuance or 1216
renewal of license under this division remains in force during the 1217
pendency of an appeal by the person of the plea of guilty, finding 1218
of guilt, or conviction that is the basis of the action taken 1219
under this division.1220

       The state board or superintendent shall take the action 1221
required by this division for a violation of division (B)(1), (2), 1222
(3), or (4) of section 2919.22 of the Revised Code; a violation of 1223
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 1224
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 1225
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 1226
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 1227
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22, 1228
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44, 1229
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121, 1230
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 1231
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 1232
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 1233
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 1234
of the Revised Code; a violation of section 2905.04 of the Revised 1235
Code as it existed prior to July 1, 1996; a violation of section 1236
2919.23 of the Revised Code that would have been a violation of 1237
section 2905.04 of the Revised Code as it existed prior to July 1, 1238
1996, had the violation been committed prior to that date; 1239
felonious sexual penetration in violation of former section 1240
2907.12 of the Revised Code; or a violation of an ordinance of a 1241
municipal corporation that is substantively comparable to an 1242
offense listed in this paragraph.1243

       (D) The state board may delegate to the superintendent of 1244
public instruction the authority to revoke a person's license or 1245
to deny issuance or renewal of a license to a person under 1246
division (C) or (F) of this section.1247

       (E)(1) If the plea of guilty, finding of guilt, or conviction 1248
that is the basis of the action taken under division (B)(2) or (C) 1249
of this section, or under the version of division (F) of section 1250
3319.311 of the Revised Code in effect prior to the effective date 1251
of this amendmentSeptember 12, 2008, is overturned on appeal, 1252
upon exhaustion of the criminal appeal, the clerk of the court 1253
that overturned the plea, finding, or conviction or, if 1254
applicable, the clerk of the court that accepted an appeal from 1255
the court that overturned the plea, finding, or conviction, shall 1256
notify the state board that the plea, finding, or conviction has 1257
been overturned. Within thirty days after receiving the 1258
notification, the state board shall initiate proceedings to 1259
reconsider the revocation or denial of the person's license in 1260
accordance with division (E)(2) of this section. In addition, the 1261
person whose license was revoked or denied may file with the state 1262
board a petition for reconsideration of the revocation or denial 1263
along with appropriate court documents.1264

       (2) Upon receipt of a court notification or a petition and 1265
supporting court documents under division (E)(1) of this section, 1266
the state board, after offering the person an opportunity for an 1267
adjudication hearing under Chapter 119. of the Revised Code, shall 1268
determine whether the person committed the act in question in the 1269
prior criminal action against the person that is the basis of the 1270
revocation or denial and may continue the revocation or denial, 1271
may reinstate the person's license, with or without limits, or may 1272
grant the person a new license, with or without limits. The 1273
decision of the board shall be based on grounds for revoking, 1274
denying, suspending, or limiting a license adopted by rule under 1275
division (G) of this section and in accordance with the 1276
evidentiary standards the board employs for all other licensure 1277
hearings. The decision of the board under this division is subject 1278
to appeal under Chapter 119. of the Revised Code.1279

       (3) A person whose license is revoked or denied under 1280
division (C) of this section shall not apply for any license if 1281
the plea of guilty, finding of guilt, or conviction that is the 1282
basis of the revocation or denial, upon completion of the criminal 1283
appeal, either is upheld or is overturned but the state board 1284
continues the revocation or denial under division (E)(2) of this 1285
section and that continuation is upheld on final appeal.1286

       (F) The state board may take action under division (B) of 1287
this section, and the state board or the superintendent shall take 1288
the action required under division (C) of this section, on the 1289
basis of substantially comparable conduct occurring in a 1290
jurisdiction outside this state or occurring before a person 1291
applies for or receives any license.1292

       (G) The state board may adopt rules in accordance with 1293
Chapter 119. of the Revised Code to carry out this section and 1294
section 3319.311 of the Revised Code.1295

       Sec. 3319.311.  (A)(1) The state board of education, or the 1296
superintendent of public instruction on behalf of the board, may 1297
investigate any information received about a person that 1298
reasonably appears to be a basis for action under section 3319.31 1299
of the Revised Code, including information received pursuant to 1300
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253, 1301
or 5153.176 of the Revised Code. Except as provided in division 1302
(A)(2) of this section, the board shall contract with the office 1303
of the Ohio attorney general to conduct any investigation of that 1304
nature. The board shall pay for the costs of the contract only 1305
from moneys in the state board of education licensure fund 1306
established under section 3319.51 of the Revised Code. Except as 1307
provided in division (A)(2) of this section, all information 1308
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24, 1309
3328.19, 5126.253, or 5153.176 of the Revised Code, and all 1310
information obtained during an investigation is confidential and 1311
is not a public record under section 149.43 of the Revised Code. 1312
If an investigation is conducted under this division regarding 1313
information received about a person and no action is taken against 1314
the person under this section or section 3319.31 of the Revised 1315
Code within two years of the completion of the investigation, all 1316
records of the investigation shall be expunged.1317

       (2) In the case of a person about whom the board has learned 1318
of a plea of guilty to, finding of guilt by a jury or court of, or 1319
a conviction of an offense listed in division (C) of section 1320
3319.31 of the Revised Code, or substantially comparable conduct 1321
occurring in a jurisdiction outside this state, the board or the 1322
superintendent of public instruction need not conduct any further 1323
investigation and shall take the action required by division (C) 1324
or (F) of that section. Except as provided in division (G) of this 1325
section, all information obtained by the board or the 1326
superintendent of public instruction pertaining to the action is a 1327
public record under section 149.43 of the Revised Code.1328

       (B) The superintendent of public instruction shall review the 1329
results of each investigation of a person conducted under division 1330
(A)(1) of this section and shall determine, on behalf of the state 1331
board, whether the results warrant initiating action under 1332
division (B) of section 3319.31 of the Revised Code. The 1333
superintendent shall advise the board of such determination at a 1334
meeting of the board. Within fourteen days of the next meeting of 1335
the board, any member of the board may ask that the question of 1336
initiating action under section 3319.31 of the Revised Code be 1337
placed on the board's agenda for that next meeting. Prior to 1338
initiating that action against any person, the person's name and 1339
any other personally identifiable information shall remain 1340
confidential.1341

       (C) The board shall take no action against a person under 1342
division (B) of section 3319.31 of the Revised Code without 1343
providing the person with written notice of the charges and with 1344
an opportunity for a hearing in accordance with Chapter 119. of 1345
the Revised Code.1346

       (D) For purposes of an investigation under division (A)(1) of 1347
this section or a hearing under division (C) of this section or 1348
under division (E)(2) of section 3319.31 of the Revised Code, the 1349
board, or the superintendent on behalf of the board, may 1350
administer oaths, order the taking of depositions, issue 1351
subpoenas, and compel the attendance of witnesses and the 1352
production of books, accounts, papers, records, documents, and 1353
testimony. The issuance of subpoenas under this division may be by 1354
certified mail or personal delivery to the person.1355

       (E) The superintendent, on behalf of the board, may enter 1356
into a consent agreement with a person against whom action is 1357
being taken under division (B) of section 3319.31 of the Revised 1358
Code. The board may adopt rules governing the superintendent's 1359
action under this division.1360

       (F) No surrender of a license shall be effective until the 1361
board takes action to accept the surrender unless the surrender is 1362
pursuant to a consent agreement entered into under division (E) of 1363
this section.1364

       (G) The name of any person who is not required to report 1365
information under section 3314.40, 3319.313, 3326.24, 3328.19,1366
5126.253, or 5153.176 of the Revised Code, but who in good faith 1367
provides information to the state board or superintendent of 1368
public instruction about alleged misconduct committed by a person 1369
who holds a license or has applied for issuance or renewal of a 1370
license, shall be confidential and shall not be released. Any such 1371
person shall be immune from any civil liability that otherwise 1372
might be incurred or imposed for injury, death, or loss to person 1373
or property as a result of the provision of that information.1374

       (H)(1) No person shall knowingly make a false report to the 1375
superintendent of public instruction or the state board of 1376
education alleging misconduct by an employee of a public or 1377
chartered nonpublic school or an employee of the operator of a 1378
community school established under Chapter 3314. or a 1379
college-preparatory boarding school established under Chapter 1380
3328. of the Revised Code.1381

       (2)(a) In any civil action brought against a person in which 1382
it is alleged and proved that the person violated division (H)(1) 1383
of this section, the court shall award the prevailing party 1384
reasonable attorney's fees and costs that the prevailing party 1385
incurred in the civil action or as a result of the false report 1386
that was the basis of the violation.1387

       (b) If a person is convicted of or pleads guilty to a 1388
violation of division (H)(1) of this section, if the subject of 1389
the false report that was the basis of the violation was charged 1390
with any violation of a law or ordinance as a result of the false 1391
report, and if the subject of the false report is found not to be 1392
guilty of the charges brought against the subject as a result of 1393
the false report or those charges are dismissed, the court that 1394
sentences the person for the violation of division (H)(1) of this 1395
section, as part of the sentence, shall order the person to pay 1396
restitution to the subject of the false report, in an amount equal 1397
to reasonable attorney's fees and costs that the subject of the 1398
false report incurred as a result of or in relation to the 1399
charges.1400

       Sec. 3328.01.  As used in this chapter:1401

       (A) "Child with a disability," "IEP," and "school district of 1402
residence" have the same meanings as in section 3323.01 of the 1403
Revised Code.1404

       (B) "Eligible student" means a student who is entitled to 1405
attend school in a participating school district; is at risk of 1406
academic failure; is from a family whose income is below two 1407
hundred fifty per cent of the federal poverty guidelines, as 1408
defined in section 5101.46 of the Revised Code; and meets at least 1409
two of the following additional conditions:1410

       (1) The student has a record of repeated in-school 1411
disciplinary actions, suspensions, expulsions, or truancy.1412

       (2) The student has not attained at least a proficient score 1413
on the state achievement assessments in English language arts, 1414
reading, or mathematics prescribed under section 3301.0710 of the 1415
Revised Code, after those assessments have been administered to 1416
the student at least once, or the student has not attained at 1417
least a score designated by the board of trustees of the 1418
college-preparatory boarding school in which the student seeks 1419
enrollment under this chapter on an end-of-course examination in 1420
English language arts or mathematics prescribed under section 1421
3301.0712 of the Revised Code.1422

       (3) The student is a child with a disability.1423

       (4) The student has been referred for academic intervention 1424
services.1425

       (5) The student's parent is a single parent.1426

       (6) The student does not live with the student's custodial 1427
parent.1428

       (7) A member of the student's family has been imprisoned, as 1429
defined in section 1.05 of the Revised Code.1430

       (8) The student meets any additional criteria prescribed by 1431
agreement between the state board of education and the operator of 1432
the college-preparatory boarding school in which the student seeks 1433
enrollment under this chapter.1434

       (C) "Entitled to attend school" means entitled to attend 1435
school in a school district under section 3313.64 or 3313.65 of 1436
the Revised Code.1437

       (D) "Formula ADM" and "category one through six special 1438
education ADM" have the same meanings as in section 3306.02 of the 1439
Revised Code.1440

       (E) "Operator" means the operator of a college-preparatory 1441
boarding school selected under section 3328.11 of the Revised 1442
Code.1443

       (F) "Participating school district" means either of the 1444
following: 1445

       (1) The school district in which a college-preparatory 1446
boarding school established under this chapter is located;1447

       (2) A school district other than one described in division 1448
(F)(1) of this section that, pursuant to procedures adopted by the 1449
state board of education under section 3328.04 of the Revised 1450
Code, agrees to be a participating school district so that 1451
eligible students entitled to attend school in that district may 1452
enroll in a college-preparatory boarding school established under 1453
this chapter.1454

       (G) "State education aid" has the same meaning as in section 1455
3317.02 of the Revised Code.1456

       Sec. 3328.02. Each college-preparatory boarding school 1457
established under this chapter is a public school and is part of 1458
the state's program of education, subject to a charter granted by 1459
the state board of education under section 3301.16 of the Revised 1460
Code.1461

       Sec. 3328.03. In accordance with Section 22 of Article II, 1462
Ohio Constitution, no agreement or contract entered into under 1463
this chapter shall create an obligation of state funds for a 1464
period longer than two years; however, the general assembly, every 1465
two years, may authorize renewal of any such obligation.1466

       Sec. 3328.04.  The city, exempted village, or local school 1467
district in which a college-preparatory boarding school 1468
established under this chapter is located is a participating 1469
school district under this chapter. Any other city, exempted 1470
village, or local school district may agree to be a participating 1471
school district. The state board of education shall adopt 1472
procedures for districts to agree to be participating school 1473
districts.1474

       Sec. 3328.11. (A) In accordance with the procedures 1475
prescribed in division (B) of this section, the state board of 1476
education shall select a private nonprofit corporation that meets 1477
the following qualifications to operate each college-preparatory 1478
boarding school established under this chapter:1479

       (1) The corporation has experience operating a school or 1480
program similar to the schools authorized under this chapter.1481

       (2) The school or program described in division (A)(1) of 1482
this section has demonstrated to the satisfaction of the state 1483
board success in improving the academic performance of students.1484

       (3) The corporation has demonstrated to the satisfaction of 1485
the state board the following:1486

       (a) That the corporation has the capacity to finance and 1487
secure private funds for the development of the school authorized 1488
under this chapter;1489

       (b) That, unless the department of education has secured 1490
federal funds to support the school's initial operations, the 1491
corporation will apply for, and is reasonably expected to secure, 1492
federal funds for that purpose.1493

       (B)(1) Not later than sixty days after the effective date of 1494
this section, the state board shall issue a request for proposals 1495
from private nonprofit corporations interested in operating a 1496
college-preparatory boarding school established under this 1497
chapter. If the state board subsequently determines that the 1498
establishment of one or more additional college-preparatory 1499
boarding schools is advisable, the state board shall issue 1500
requests for proposals from private nonprofit corporations 1501
interested in operating those additional schools.1502

       In all cases, the state board shall select the school's 1503
operator from among the qualified responders within one hundred 1504
eighty days after the issuance of the request for proposals. If no 1505
qualified responder submits a proposal, the state board may issue 1506
another request for proposals.1507

       (2) Each proposal submitted to the state board shall contain 1508
the following information:1509

       (a) The proposed location of the college-preparatory boarding 1510
school, which may differ from any location recommended by the 1511
state board in the request for proposals;1512

       (b) A plan for offering grade five or six in the school's 1513
initial year of operation and a plan for increasing the grade 1514
levels offered by the school in subsequent years;1515

       (c) Any other information about the proposed educational 1516
program, facilities, or operations of the school considered 1517
necessary by the state board.1518

       Sec. 3328.12.  The state board of education shall enter into 1519
a contract with the operator of each college-preparatory boarding 1520
school established under this chapter. The contract shall 1521
stipulate the following:1522

       (A) The school shall not be established if the operator fails 1523
to secure federal funds to support the school's initial 1524
operations, unless the department of education has secured federal 1525
funds for that purpose.1526

       (B) The school may operate only if and to the extent the 1527
school holds a valid charter granted by the state board, under 1528
section 3301.16 of the Revised Code.1529

       (C) The operator shall finance and oversee the acquisition of 1530
a facility for the school.1531

       (D) The operator shall operate the school in accordance with 1532
the terms of the proposal accepted by the state board under 1533
section 3328.11 of the Revised Code, including the plan for 1534
increasing the grade levels offered by the school.1535

       (E) The school shall comply with the provisions of this 1536
chapter.1537

       (F) The school shall comply with any other provisions of law 1538
specified in the contract, the charter granted by the state board, 1539
and the rules adopted by the state board under section 3328.50 of 1540
the Revised Code.1541

       (G) The school shall comply with the bylaws adopted by the 1542
operator under section 3328.13 of the Revised Code.1543

       (H) The school shall meet the academic goals and other 1544
performance standards specified in the contract. 1545

       (I) The state board or the operator may terminate the 1546
contract in accordance with the procedures specified in the 1547
contract, which shall include at least a requirement that the 1548
party seeking termination give prior notice of the intent to 1549
terminate the contract and a requirement that the party receiving 1550
such notice be granted an opportunity to redress any grievances 1551
cited in the notice prior to the termination.1552

       (J) If the school closes for any reason, the school's board 1553
of trustees shall execute the closing in the manner specified in 1554
the contract.1555

       Sec. 3328.13. Each operator of a college-preparatory boarding 1556
school established under this chapter shall adopt bylaws for the 1557
oversight and operation of the school that are consistent with the 1558
provisions of this chapter, the rules adopted under section 1559
3328.50 of the Revised Code, the contract between the operator and 1560
the state board of education, and the charter granted to the 1561
school by the state board. The bylaws shall include procedures for 1562
the appointment of members of the school's board of trustees, 1563
whose terms of office shall be as prescribed in section 3328.15 of 1564
the Revised Code. The bylaws also shall include standards for the 1565
admission of students to the school and their dismissal from the 1566
school. The bylaws shall be subject to the approval of the state 1567
board.1568

       Sec. 3328.14. Each operator of a college-preparatory boarding 1569
school established under this chapter shall adopt a program of 1570
outreach to inform educators, administrators, boards of education, 1571
parents, and students in every city, local, and exempted village 1572
school district about the school and the procedures for admission 1573
to the school and for becoming a participating school district.1574

       Sec. 3328.15.  (A) Each college-preparatory boarding school 1575
established under this chapter shall be governed by a board of 1576
trustees consisting of up to twenty-five members. Five of those 1577
members shall be appointed by the governor, with the advice and 1578
consent of the senate. The governor's appointments may be based on 1579
nonbinding recommendations made by the superintendent of public 1580
instruction. The remaining members shall be appointed pursuant to 1581
the bylaws adopted under section 3328.13 of the Revised Code.1582

       (B) The terms of office of the initial members shall be as 1583
follows:1584

       (1) Two members appointed by the governor shall serve for an 1585
initial term of three years.1586

       (2) Two members appointed by the governor shall serve for an 1587
initial term of two years.1588

       (3) One member appointed by the governor shall serve for an 1589
initial term of one year.1590

       (4) One-third of the members appointed pursuant to the 1591
bylaws, rounded down to the nearest whole number, shall serve for 1592
an initial term of three years.1593

       (5) One-third of the members appointed pursuant to the 1594
bylaws, rounded down to the nearest whole number, shall serve for 1595
an initial term of two years.1596

       (6) One-third of the members appointed pursuant to the 1597
bylaws, rounded down to the nearest whole number, shall serve for 1598
an initial term of one year.1599

       (7) Any remaining members appointed pursuant to the bylaws 1600
shall serve for an initial term of one year.1601

       Thereafter the terms of office of all members shall be for 1602
three years.1603

       The beginning date and ending date of terms of office shall 1604
be as prescribed in the bylaws adopted under section 3328.13 of 1605
the Revised Code.1606

       (C) Vacancies on the board shall be filled in the same manner 1607
as the initial appointments. A member appointed to an unexpired 1608
term shall serve for the remainder of that term and may be 1609
reappointed subject to division (D) of this section.1610

       (D) No member may serve for more than three consecutive 1611
three-year terms.1612

       (E) The officers of the board shall be selected by and from 1613
among the members of the board.1614

       (F) Compensation for the members of the board, if any, shall 1615
be as prescribed in the bylaws adopted under section 3328.13 of 1616
the Revised Code.1617

       Sec. 3328.17. Employees of a college-preparatory boarding 1618
school established under this chapter may organize and 1619
collectively bargain pursuant to Chapter 4117. of the Revised 1620
Code. Notwithstanding division (D)(1) of section 4117.06 of the 1621
Revised Code, a unit containing teaching and nonteaching employees 1622
employed under this section may be considered an appropriate unit.1623

       Sec. 3328.18. (A) As used in this section, "license" has the 1624
same meaning as in section 3319.31 of the Revised Code.1625

       (B) If a person who is employed by a college-preparatory 1626
boarding school established under this chapter or its operator is 1627
arrested, summoned, or indicted for an alleged violation of an 1628
offense listed in division (C) of section 3319.31 of the Revised 1629
Code, if the person holds a license, or an offense listed in 1630
division (B)(1) of section 3319.39 of the Revised Code, if the 1631
person does not hold a license, the chief administrator of the 1632
school in which that person works shall suspend that person from 1633
all duties that require the care, custody, or control of a child 1634
during the pendency of the criminal action against the person. If 1635
the person who is arrested, summoned, or indicted for an alleged 1636
violation of an offense listed in division (C) of section 3319.31 1637
or division (B)(1) of section 3319.39 of the Revised Code is the 1638
chief administrator of the school, the board of trustees of the 1639
school shall suspend the chief administrator from all duties that 1640
require the care, custody, or control of a child.1641

       (C) When a person who holds a license is suspended in 1642
accordance with this section, the chief administrator or board 1643
that imposed the suspension promptly shall report the person's 1644
suspension to the department of education. The report shall 1645
include the offense for which the person was arrested, summoned, 1646
or indicted.1647

       Sec. 3328.19.  (A) As used in this section:1648

       (1) "Conduct unbecoming to the teaching profession" shall be 1649
as described in rules adopted by the state board of education.1650

       (2) "Intervention in lieu of conviction" means intervention 1651
in lieu of conviction under section 2951.041 of the Revised Code.1652

       (3) "License" has the same meaning as in section 3319.31 of 1653
the Revised Code.1654

       (4) "Pre-trial diversion program" means a pre-trial diversion 1655
program under section 2935.36 of the Revised Code or a similar 1656
diversion program under rules of a court.1657

       (B) The chief administrator of each college-preparatory 1658
boarding school established under this chapter, or the president 1659
or chairperson of the board of trustees of the school if division 1660
(C) of this section applies, shall promptly submit to the 1661
superintendent of public instruction the information prescribed in 1662
division (D) of this section when any of the following conditions 1663
applies to a person employed to work in the school who holds a 1664
license issued by the state board of education:1665

       (1) The chief administrator, or president or chairperson, 1666
knows that the employee has pleaded guilty to, has been found 1667
guilty by a jury or court of, has been convicted of, has been 1668
found to be eligible for intervention in lieu of conviction for, 1669
or has agreed to participate in a pre-trial diversion program for 1670
an offense described in division (B)(2) or (C) of section 3319.31 1671
or division (B)(1) of section 3319.39 of the Revised Code.1672

       (2) The board of trustees of the school, or the operator, has 1673
initiated termination or nonrenewal proceedings against, has 1674
terminated, or has not renewed the contract of the employee 1675
because the board or operator has reasonably determined that the 1676
employee has committed an act that is unbecoming to the teaching 1677
profession or an offense described in division (B)(2) or (C) of 1678
section 3319.31 or division (B)(1) of section 3319.39 of the 1679
Revised Code.1680

       (3) The employee has resigned under threat of termination or 1681
nonrenewal as described in division (B)(2) of this section.1682

       (4) The employee has resigned because of or in the course of 1683
an investigation by the board or operator regarding whether the 1684
employee has committed an act that is unbecoming to the teaching 1685
profession or an offense described in division (B)(2) or (C) of 1686
section 3319.31 or division (B)(1) of section 3319.39 of the 1687
Revised Code.1688

       (C) If the employee to whom any of the conditions prescribed 1689
in divisions (B)(1) to (4) of this section applies is the chief 1690
administrator of the school, the president or chairperson of the 1691
board of trustees of the school shall make the report required 1692
under this section.1693

       (D) If a report is required under this section, the chief 1694
administrator, or president or chairperson, shall submit to the 1695
superintendent of public instruction the name and social security 1696
number of the employee about whom the information is required and 1697
a factual statement regarding any of the conditions prescribed in 1698
divisions (B)(1) to (4) of this section that apply to the 1699
employee.1700

       (E) A determination made by the board or operator as 1701
described in division (B)(2) of this section or a termination, 1702
nonrenewal, resignation, or other separation described in 1703
divisions (B)(2) to (4) of this section does not create a 1704
presumption of the commission or lack of the commission by the 1705
employee of an act unbecoming to the teaching profession or an 1706
offense described in division (B)(2) or (C) of section 3319.31 or 1707
division (B)(1) of section 3319.39 of the Revised Code.1708

       (F) No individual required to submit a report under division 1709
(B) of this section shall knowingly fail to comply with that 1710
division.1711

       (G) An individual who provides information to the 1712
superintendent of public instruction in accordance with this 1713
section in good faith shall be immune from any civil liability 1714
that otherwise might be incurred or imposed for injury, death, or 1715
loss to person or property as a result of the provision of that 1716
information.1717

       Sec. 3328.191.  The board of trustees of each 1718
college-preparatory boarding school established under this chapter 1719
shall require that the reports of any investigation by the board 1720
or by the school's operator of an employee who works in the 1721
school, regarding whether the employee has committed an act or 1722
offense for which the chief administrator of the school or the 1723
president or chairperson of the board is required to make a report 1724
to the superintendent of public instruction under section 3328.19 1725
of the Revised Code, be kept in the employee's personnel file. If, 1726
after an investigation under division (A) of section 3319.311 of 1727
the Revised Code, the superintendent of public instruction 1728
determines that the results of that investigation do not warrant 1729
initiating action under section 3319.31 of the Revised Code, the 1730
board shall require the reports of the investigation to be moved 1731
from the employee's personnel file to a separate public file.1732

       Sec. 3328.192.  Notwithstanding any provision to the contrary 1733
in Chapter 4117. of the Revised Code, the provisions of sections 1734
3328.19 and 3328.191 of the Revised Code prevail over any 1735
conflicting provisions of a collective bargaining agreement or 1736
contract for employment entered into on or after the effective 1737
date of this section.1738

       Sec. 3328.193.  (A) As used in this section, "license" has 1739
the same meaning as in section 3319.31 of the Revised Code.1740

       (B) No employee of a college-preparatory boarding school 1741
established under this chapter or its operator shall do either of 1742
the following:1743

       (1) Knowingly make a false report to the chief administrator 1744
of the school, or the chief administrator's designee, alleging 1745
misconduct by another employee of the school or its operator;1746

       (2) Knowingly cause the chief administrator, or the chief 1747
administrator's designee, to make a false report of the alleged 1748
misconduct to the superintendent of public instruction or the 1749
state board of education.1750

       (C) Any employee of a college-preparatory boarding school 1751
established under this chapter or its operator who in good faith 1752
reports to the chief administrator of the school, or the chief 1753
administrator's designee, information about alleged misconduct 1754
committed by another employee of the school or operator shall be 1755
immune from any civil liability that otherwise might be incurred 1756
or imposed for injury, death, or loss to person or property as a 1757
result of the reporting of that information.1758

       If the alleged misconduct involves a person who holds a 1759
license but the chief administrator is not required to submit a 1760
report to the superintendent of public instruction under section 1761
3328.19 of the Revised Code and the chief administrator, or the 1762
chief administrator's designee, in good faith reports the alleged 1763
misconduct to the superintendent of public instruction or the 1764
state board, the chief administrator, or the chief administrator's 1765
designee, shall be immune from any civil liability that otherwise 1766
might be incurred or imposed for injury, death, or loss to person 1767
or property as a result of the reporting of that information.1768

       (D)(1) In any civil action brought against a person in which 1769
it is alleged and proved that the person violated division (B) of 1770
this section, the court shall award the prevailing party 1771
reasonable attorney's fees and costs that the prevailing party 1772
incurred in the civil action or as a result of the false report 1773
that was the basis of the violation.1774

       (2) If a person is convicted of or pleads guilty to a 1775
violation of division (B) of this section, if the subject of the 1776
false report that was the basis of the violation was charged with 1777
any violation of a law or ordinance as a result of the false 1778
report, and if the subject of the false report is found not to be 1779
guilty of the charges brought against the subject as a result of 1780
the false report or those charges are dismissed, the court that 1781
sentences the person for the violation of division (B) of this 1782
section, as part of the sentence, shall order the person to pay 1783
restitution to the subject of the false report, in an amount equal 1784
to reasonable attorney's fees and costs that the subject of the 1785
false report incurred as a result of or in relation to the 1786
charges.1787

       Sec. 3328.20. (A) As used in this section:1788

       (1) "Designated official" means the chief administrator of a 1789
college-preparatory boarding school established under this 1790
chapter, or the chief administrator's designee.1791

       (2) "Essential school services" means services provided by a 1792
private company under contract with a college-preparatory boarding 1793
school established under this chapter that the chief administrator 1794
of the school has determined are necessary for the operation of 1795
the school and that would need to be provided by persons employed 1796
by the school or its operator if the services were not provided by 1797
the private company.1798

       (3) "License" has the same meaning as in section 3319.31 of 1799
the Revised Code.1800

       (B) This section applies to any person who is an employee of 1801
a private company under contract with a college-preparatory 1802
boarding school established under this chapter to provide 1803
essential school services and who will work in the school in a 1804
position that does not require a license issued by the state board 1805
of education, is not for the operation of a vehicle for pupil 1806
transportation, and that involves routine interaction with a child 1807
or regular responsibility for the care, custody, or control of a 1808
child.1809

       (C) No college-preparatory boarding school established under 1810
this chapter shall permit a person to whom this section applies to 1811
work in the school, unless one of the following applies to the 1812
person:1813

       (1) The person's employer presents proof of both of the 1814
following to the designated official:1815

       (a) That the person has been the subject of a criminal 1816
records check conducted in accordance with division (D) of this 1817
section within the five-year period immediately prior to the date 1818
on which the person will begin working in the school;1819

       (b) That the criminal records check indicates that the person 1820
has not been convicted of or pleaded guilty to any offense 1821
described in division (B)(1) of section 3319.39 of the Revised 1822
Code.1823

       (2) During any period of time in which the person will have 1824
routine interaction with a child or regular responsibility for the 1825
care, custody, or control of a child, the designated official has 1826
arranged for an employee of the school to be present in the same 1827
room with the child or, if outdoors, to be within a thirty-yard 1828
radius of the child or to have visual contact with the child.1829

       (D) Any private company that has been hired or seeks to be 1830
hired by a college-preparatory boarding school established under 1831
this chapter to provide essential school services may request the 1832
bureau of criminal identification and investigation to conduct a 1833
criminal records check of any of its employees for the purpose of 1834
complying with division (C)(1) of this section. Each request for a 1835
criminal records check under this division shall be made to the 1836
superintendent of the bureau in the manner prescribed in section 1837
3319.39 of the Revised Code. Upon receipt of a request, the bureau 1838
shall conduct the criminal records check in accordance with 1839
section 109.572 of the Revised Code as if the request had been 1840
made under section 3319.39 of the Revised Code.1841

       Notwithstanding division (H) of section 109.57 of the Revised 1842
Code, the private company may share the results of any criminal 1843
records check conducted under this division with the designated 1844
official for the purpose of complying with division (C)(1) of this 1845
section, but in no case shall the designated official release that 1846
information to any other person.1847

       Sec. 3328.21. (A) Any eligible student may apply for 1848
admission to a college-preparatory boarding school established 1849
under this chapter in a grade level offered by the school that is 1850
appropriate for the student and shall be admitted to the school in 1851
that grade level to the extent the student's admission is within 1852
the capacity of the school as established by the school's board of 1853
trustees, subject to division (B) of this section. If more 1854
eligible students apply for admission than the number of students 1855
permitted by the capacity established by the board of trustees, 1856
admission shall be by lot.1857

       (B) In the first year of operation, each school established 1858
under this chapter shall offer only grade five or six and shall 1859
not admit more than eighty students to the school. In each 1860
subsequent year of operation, the school may add additional grade 1861
levels as specified in the contract under section 3328.12 of the 1862
Revised Code, but at no time shall the school's total student 1863
population exceed four hundred students.1864

       Sec. 3328.22.  The educational program of a 1865
college-preparatory boarding school established under this chapter 1866
shall include at least all of the following:1867

       (A) A remedial curriculum for students in grades lower than 1868
grade nine;1869

       (B) A college-preparatory curriculum for high school students 1870
that, at a minimum, shall comply with section 3313.603 of the 1871
Revised Code as that section applies to school districts;1872

       (C) Extracurricular activities, including athletic and 1873
cultural activities;1874

       (D) College admission counseling;1875

       (E) Health and mental health services;1876

       (F) Tutoring services;1877

       (G) Community services opportunities;1878

       (H) A residential student life program.1879

       Sec. 3328.23.  (A) A college-preparatory boarding school 1880
established under this chapter and the school's operator shall 1881
comply with Chapter 3323. of the Revised Code as if the school 1882
were a school district. For each child with a disability enrolled 1883
in the school for whom an IEP has been developed, the school and 1884
its operator shall verify in the manner prescribed by the 1885
department of education that the school is providing the services 1886
required under the child's IEP.1887

       (B) The school district in which a child with a disability 1888
enrolled in the college-preparatory boarding school is entitled to 1889
attend school and the child's school district of residence, if 1890
different, are not obligated to provide the student with a free 1891
appropriate public education under Chapter 3323. of the Revised 1892
Code for as long as the child is enrolled in the 1893
college-preparatory boarding school.1894

       Sec. 3328.24. A college-preparatory boarding school 1895
established under this chapter, its operator, and its board of 1896
trustees shall comply with sections 3301.0710, 3301.0711, 1897
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as 1898
if the school and the operator were a school district and the 1899
school's board of trustees were a district board of education.1900

       Sec. 3328.25.  (A) The board of trustees of a 1901
college-preparatory boarding school established under this chapter 1902
shall grant a diploma to any student enrolled in the school to 1903
whom all of the following apply:1904

       (1) The student has successfully completed the school's high 1905
school curriculum or the IEP developed for the student by the 1906
school pursuant to section 3323.08 of the Revised Code or has 1907
qualified under division (D) or (F) of section 3313.603 of the 1908
Revised Code, provided that the school shall not require a student 1909
to remain in school for any specific number of semesters or other 1910
terms if the student completes the required curriculum early;1911

       (2) Subject to section 3313.614 of the Revised Code, the 1912
student has met the assessment requirements of division (A)(2)(a) 1913
or (b) of this section, as applicable.1914

       (a) If the student entered ninth grade prior to the date 1915
prescribed by rule of the state board of education under division 1916
(E)(2) of section 3301.0712 of the Revised Code, the student 1917
either:1918

       (i) Has attained at least the applicable scores designated 1919
under division (B)(1) of section 3301.0710 of the Revised Code on 1920
all the assessments prescribed by that division unless division 1921
(L) of section 3313.61 of the Revised Code applies to the student;1922

       (ii) Has satisfied the alternative conditions prescribed in 1923
section 3313.615 of the Revised Code.1924

       (b) If the person entered ninth grade on or after the date 1925
prescribed by rule of the state board under division (E)(2) of 1926
section 3301.0712 of the Revised Code, the student has attained on 1927
the entire assessment system prescribed under division (B)(2) of 1928
section 3301.0710 of the Revised Code at least the required 1929
passing composite score, designated under division (C)(1) of 1930
section 3301.0712 of the Revised Code, except to the extent that 1931
the student is excused from some portion of that assessment system 1932
pursuant to division (L) of section 3313.61 of the Revised Code.1933

       (3) The student is not eligible to receive an honors diploma 1934
granted under division (B) of this section.1935

       No diploma shall be granted under this division to anyone 1936
except as provided in this division.1937

       (B) In lieu of a diploma granted under division (A) of this 1938
section, the board of trustees shall grant an honors diploma, in 1939
the same manner that boards of education of school districts grant 1940
honors diplomas under division (B) of section 3313.61 of the 1941
Revised Code, to any student enrolled in the school who 1942
accomplishes all of the following:1943

       (1) Successfully completes the school's high school 1944
curriculum or the IEP developed for the student by the school 1945
pursuant to section 3323.08 of the Revised Code;1946

       (2) Subject to section 3313.614 of the Revised Code, has met 1947
the assessment requirements of division (B)(2)(a) or (b) of this 1948
section, as applicable.1949

       (a) If the student entered ninth grade prior to the date 1950
prescribed by rule of the state board under division (E)(2) of 1951
section 3301.0712 of the Revised Code, the student either:1952

       (i) Has attained at least the applicable scores designated 1953
under division (B)(1) of section 3301.0710 of the Revised Code on 1954
all the assessments prescribed under that division;1955

       (ii) Has satisfied the alternative conditions prescribed in 1956
section 3313.615 of the Revised Code.1957

       (b) If the person entered ninth grade on or after the date 1958
prescribed by rule of the state board under division (E)(2) of 1959
section 3301.0712 of the Revised Code, the student has attained on 1960
the entire assessment system prescribed under division (B)(2) of 1961
section 3301.0710 of the Revised Code at least the required 1962
passing composite score, designated under division (C)(1) of 1963
section 3301.0712 of the Revised Code.1964

       (3) Has met the additional criteria for granting an honors 1965
diploma prescribed by the state board under division (B) of 1966
section 3313.61 of the Revised Code for the granting of honors 1967
diplomas by school districts.1968

       An honors diploma shall not be granted to a student who is 1969
subject to the Ohio core curriculum prescribed in division (C) of 1970
section 3313.603 of the Revised Code but elects the option of 1971
division (D) or (F) of that section. No honors diploma shall be 1972
granted to anyone failing to comply with this division and not 1973
more than one honors diploma shall be granted to any student under 1974
this division.1975

       (C) A diploma or honors diploma awarded under this section 1976
shall be signed by the presiding officer of the board of trustees. 1977
Each diploma shall bear the date of its issue and be in such form 1978
as the board of trustees prescribes.1979

       (D) Upon granting a diploma to a student under this section, 1980
the presiding officer of the board of trustees shall provide 1981
notice of receipt of the diploma to the board of education of the 1982
city, exempted village, or local school district where the student 1983
is entitled to attend school when not residing at the 1984
college-preparatory boarding school. The notice shall indicate the 1985
type of diploma granted.1986

       Sec. 3328.26.  (A) The department of education shall issue an 1987
annual report card for each college-preparatory boarding school 1988
established under this chapter that includes all information 1989
applicable to school buildings under section 3302.03 of the 1990
Revised Code.1991

       (B) For each student enrolled in the school, the department 1992
shall combine data regarding the academic performance of that 1993
student with comparable data from the school district in which the 1994
student is entitled to attend school for the purpose of 1995
calculating the performance of the district as a whole on the 1996
report card issued for the district under section 3302.03 of the 1997
Revised Code.1998

       (C) Each college-preparatory boarding school and its operator 1999
shall comply with sections 3302.04 and 3302.041 of the Revised 2000
Code, except that any action required to be taken by a school 2001
district pursuant to those sections shall be taken by the school.2002

       Sec. 3328.31.  Each college-preparatory boarding school 2003
established under this chapter shall report to the department of 2004
education, in the form and manner prescribed by the department, 2005
the following information:2006

       (A) The total number of students enrolled in the school;2007

       (B) The number of students enrolled in the school who are 2008
receiving special education and related services pursuant to an 2009
IEP; 2010

       (C) The city, exempted village, or local school district in 2011
which each student reported under division (A) of this section is 2012
entitled to attend school;2013

       (D) Any additional information the department determines 2014
necessary to make payments to the school under this chapter.2015

       Sec. 3328.32.  The city, exempted village, or local school 2016
district in which each child enrolled in a college-preparatory 2017
boarding school established under this chapter is entitled to 2018
attend school shall count that child in the district's average 2019
daily membership and in the district's category one through six 2020
special education ADM, as appropriate, as reported under divisions 2021
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.2022

       The department of education shall count that child in the 2023
district's formula ADM.2024

       Sec. 3328.33.  For each child enrolled in a 2025
college-preparatory boarding school, as reported under section 2026
3328.31 of the Revised Code, the department of education shall 2027
deduct from the state education aid and, if necessary, from the 2028
payment under sections 321.24 and 323.156 of the Revised Code, for 2029
the city, exempted village, or local school district in which the 2030
child is entitled to attend school an amount equal to eighty-five 2031
per cent of the operating expenditure per pupil of that district.2032

       As used in this section, a district's "operating expenditure 2033
per pupil" is the total amount of state payments and other 2034
nonfederal revenue spent by the district for operating expenses 2035
during the previous fiscal year, divided by the district's formula 2036
ADM for the previous fiscal year.2037

       Sec. 3328.34.  (A) For each child enrolled in a 2038
college-preparatory boarding school, as reported under section 2039
3328.31 of the Revised Code, the department of education shall pay 2040
to the school the sum of the amount deducted from a participating 2041
school district's account for that child under section 3328.33 of 2042
the Revised Code plus the per-pupil boarding amount specified in 2043
division (B) of this section.2044

       (B) For the first fiscal year in which a college-preparatory 2045
boarding school may be established under this chapter, the 2046
"per-pupil boarding amount" is twenty-five thousand dollars. For 2047
each fiscal year thereafter, that amount shall be adjusted by the 2048
rate of inflation, as measured by the consumer price index (all 2049
urban consumers, all items) prepared by the bureau of labor 2050
statistics of the United States department of labor, for the 2051
previous twelve-month period.2052

       (C)(1) Notwithstanding division (A) of this section, if, in 2053
any fiscal year, the operator of a college-preparatory boarding 2054
school receives federal funds for the purpose of supporting the 2055
school's operations, the amount of those federal funds shall be 2056
deducted from the total per-pupil boarding amount for all enrolled 2057
students paid by the department to the school for that fiscal 2058
year. Any portion of the total per-pupil boarding amount for all 2059
enrolled students remaining after the deduction of the federal 2060
funds shall be paid by the department to the school from state 2061
funds appropriated to the department.2062

       (2) Notwithstanding division (A) of this section, if, in any 2063
fiscal year, the department receives federal funds for the purpose 2064
of supporting the operations of a college-preparatory boarding 2065
school, the department shall use those federal funds first to pay 2066
the school the total per-pupil boarding amount for all enrolled 2067
students for that fiscal year. Any portion of the total per-pupil 2068
boarding amount for all enrolled students remaining after the use 2069
of the federal funds shall be paid by the department to the school 2070
from state funds appropriated to the department.2071

       (3) If any federal funds are used for the purpose prescribed 2072
in division (C)(1) or (2) of this section, the department shall 2073
comply with all requirements upon which the acceptance of the 2074
federal funds is conditioned, including any requirements set forth 2075
in the funding application submitted by the operator or the 2076
department and, to the extent sufficient funds are appropriated by 2077
the general assembly, any requirements regarding maintenance of 2078
effort in expenditures.2079

       Sec. 3328.35.  To the extent permitted by federal law, the 2080
department of education shall include college-preparatory boarding 2081
schools established under this chapter in its annual allocation of 2082
federal moneys under Title I of the "Elementary and Secondary 2083
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may 2084
apply for any other federal moneys that may be used to support the 2085
operations of college-preparatory boarding schools established 2086
under this chapter.2087

       Sec. 3328.36.  A college-preparatory boarding school 2088
established under this chapter shall be considered a school 2089
district and its board of trustees, on behalf of the school's 2090
operator, shall be considered a board of education for the purpose 2091
of applying to any state or federal agency for grants that a 2092
school district or public school may receive under federal or 2093
state law or any appropriations act of the general assembly. The 2094
college-preparatory boarding school and its operator may apply to 2095
any private entity for funds.2096

       Sec. 3328.41.  Each participating school district shall 2097
provide transportation on a weekly basis for each student enrolled 2098
in a college-preparatory boarding school established under this 2099
chapter who is entitled to attend school in the district to and 2100
from that college-preparatory boarding school.2101

       Sec. 3328.45.  If the state board of education determines 2102
that a college-preparatory boarding school established under this 2103
chapter is not in compliance with any provision of this chapter or 2104
the terms of the contract entered into under section 3328.12 of 2105
the Revised Code, or that the school has failed to meet the 2106
academic goals or performance standards specified in that 2107
contract, the state board may initiate the termination procedures 2108
specified in the contract. No termination shall take effect prior 2109
to the end of a school year. Upon the effective date of a 2110
termination, the school shall close.2111

       (B) If a college-preparatory boarding school is required to 2112
close under division (A) of this section or closes for any other 2113
reason, the school's board of trustees shall execute the closing 2114
as provided in the contract under section 3328.12 of the Revised 2115
Code.2116

       Sec. 3328.50.  The state board of education shall adopt rules 2117
in accordance with Chapter 119. of the Revised Code prescribing 2118
procedures necessary for the implementation of this chapter.2119

       Sec. 3328.99. (A) Whoever violates division (F) of section 2120
3328.19 of the Revised Code shall be punished as follows:2121

       (1) Except as otherwise provided in division (A)(2) of this 2122
section, the person is guilty of a misdemeanor of the fourth 2123
degree.2124

       (2) The person is guilty of a misdemeanor of the first degree 2125
if both of the following conditions apply:2126

       (a) The employee who is the subject of the report that the 2127
person fails to submit was required to be reported for the 2128
commission or alleged commission of an act or offense involving 2129
the infliction on a child of any physical or mental wound, injury, 2130
disability, or condition of a nature that constitutes abuse or 2131
neglect of the child.2132

       (b) During the period between the violation of division (F) 2133
of section 3328.19 of the Revised Code and the conviction of or 2134
plea of guilty by the person for that violation, the employee who 2135
is the subject of the report that the person fails to submit 2136
inflicts on any child attending a school district, educational 2137
service center, public or nonpublic school, or county board of 2138
developmental disabilities where the employee works any physical 2139
or mental wound, injury, disability, or condition of a nature that 2140
constitutes abuse or neglect of the child.2141

       (B) Whoever violates division (B) of section 3328.193 of the 2142
Revised Code is guilty of a misdemeanor of the first degree.2143

       Sec. 4117.01.  As used in this chapter:2144

       (A) "Person," in addition to those included in division (C) 2145
of section 1.59 of the Revised Code, includes employee 2146
organizations, public employees, and public employers.2147

       (B) "Public employer" means the state or any political 2148
subdivision of the state located entirely within the state, 2149
including, without limitation, any municipal corporation with a 2150
population of at least five thousand according to the most recent 2151
federal decennial census; county; township with a population of at 2152
least five thousand in the unincorporated area of the township 2153
according to the most recent federal decennial census; school 2154
district; governing authority of a community school established 2155
under Chapter 3314. of the Revised Code; a college-preparatory 2156
boarding school established under Chapter 3328. of the Revised 2157
Code or its operator; state institution of higher learning; public 2158
or special district; state agency, authority, commission, or 2159
board; or other branch of public employment.2160

       (C) "Public employee" means any person holding a position by 2161
appointment or employment in the service of a public employer, 2162
including any person working pursuant to a contract between a 2163
public employer and a private employer and over whom the national 2164
labor relations board has declined jurisdiction on the basis that 2165
the involved employees are employees of a public employer, except:2166

       (1) Persons holding elective office;2167

       (2) Employees of the general assembly and employees of any 2168
other legislative body of the public employer whose principal 2169
duties are directly related to the legislative functions of the 2170
body;2171

       (3) Employees on the staff of the governor or the chief 2172
executive of the public employer whose principal duties are 2173
directly related to the performance of the executive functions of 2174
the governor or the chief executive;2175

       (4) Persons who are members of the Ohio organized militia, 2176
while training or performing duty under section 5919.29 or 5923.12 2177
of the Revised Code;2178

       (5) Employees of the state employment relations board, 2179
including those employees of the state employment relations board 2180
utilized by the state personnel board of review in the exercise of 2181
the powers and the performance of the duties and functions of the 2182
state personnel board of review;2183

       (6) Confidential employees;2184

       (7) Management level employees;2185

       (8) Employees and officers of the courts, assistants to the 2186
attorney general, assistant prosecuting attorneys, and employees 2187
of the clerks of courts who perform a judicial function;2188

       (9) Employees of a public official who act in a fiduciary 2189
capacity, appointed pursuant to section 124.11 of the Revised 2190
Code;2191

       (10) Supervisors;2192

       (11) Students whose primary purpose is educational training, 2193
including graduate assistants or associates, residents, interns, 2194
or other students working as part-time public employees less than 2195
fifty per cent of the normal year in the employee's bargaining 2196
unit;2197

       (12) Employees of county boards of election;2198

       (13) Seasonal and casual employees as determined by the state 2199
employment relations board;2200

       (14) Part-time faculty members of an institution of higher 2201
education;2202

       (15) Participants in a work activity, developmental activity, 2203
or alternative work activity under sections 5107.40 to 5107.69 of 2204
the Revised Code who perform a service for a public employer that 2205
the public employer needs but is not performed by an employee of 2206
the public employer if the participant is not engaged in paid 2207
employment or subsidized employment pursuant to the activity;2208

       (16) Employees included in the career professional service of 2209
the department of transportation under section 5501.20 of the 2210
Revised Code;2211

       (17) Employees of community-based correctional facilities and 2212
district community-based correctional facilities created under 2213
sections 2301.51 to 2301.58 of the Revised Code who are not 2214
subject to a collective bargaining agreement on June 1, 2005;.2215

       (D) "Employee organization" means any labor or bona fide 2216
organization in which public employees participate and that exists 2217
for the purpose, in whole or in part, of dealing with public 2218
employers concerning grievances, labor disputes, wages, hours, 2219
terms, and other conditions of employment.2220

       (E) "Exclusive representative" means the employee 2221
organization certified or recognized as an exclusive 2222
representative under section 4117.05 of the Revised Code.2223

       (F) "Supervisor" means any individual who has authority, in 2224
the interest of the public employer, to hire, transfer, suspend, 2225
lay off, recall, promote, discharge, assign, reward, or discipline 2226
other public employees; to responsibly direct them; to adjust 2227
their grievances; or to effectively recommend such action, if the 2228
exercise of that authority is not of a merely routine or clerical 2229
nature, but requires the use of independent judgment, provided 2230
that:2231

       (1) Employees of school districts who are department 2232
chairpersons or consulting teachers shall not be deemed 2233
supervisors;2234

       (2) With respect to members of a police or fire department, 2235
no person shall be deemed a supervisor except the chief of the 2236
department or those individuals who, in the absence of the chief, 2237
are authorized to exercise the authority and perform the duties of 2238
the chief of the department. Where prior to June 1, 1982, a public 2239
employer pursuant to a judicial decision, rendered in litigation 2240
to which the public employer was a party, has declined to engage 2241
in collective bargaining with members of a police or fire 2242
department on the basis that those members are supervisors, those 2243
members of a police or fire department do not have the rights 2244
specified in this chapter for the purposes of future collective 2245
bargaining. The state employment relations board shall decide all 2246
disputes concerning the application of division (F)(2) of this 2247
section.2248

       (3) With respect to faculty members of a state institution of 2249
higher education, heads of departments or divisions are 2250
supervisors; however, no other faculty member or group of faculty 2251
members is a supervisor solely because the faculty member or group 2252
of faculty members participate in decisions with respect to 2253
courses, curriculum, personnel, or other matters of academic 2254
policy;2255

       (4) No teacher as defined in section 3319.09 of the Revised 2256
Code shall be designated as a supervisor or a management level 2257
employee unless the teacher is employed under a contract governed 2258
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and 2259
is assigned to a position for which a license deemed to be for 2260
administrators under state board rules is required pursuant to 2261
section 3319.22 of the Revised Code.2262

       (G) "To bargain collectively" means to perform the mutual 2263
obligation of the public employer, by its representatives, and the 2264
representatives of its employees to negotiate in good faith at 2265
reasonable times and places with respect to wages, hours, terms, 2266
and other conditions of employment and the continuation, 2267
modification, or deletion of an existing provision of a collective 2268
bargaining agreement, with the intention of reaching an agreement, 2269
or to resolve questions arising under the agreement. "To bargain 2270
collectively" includes executing a written contract incorporating 2271
the terms of any agreement reached. The obligation to bargain 2272
collectively does not mean that either party is compelled to agree 2273
to a proposal nor does it require the making of a concession.2274

       (H) "Strike" means continuous concerted action in failing to 2275
report to duty; willful absence from one's position; or stoppage 2276
of work in whole from the full, faithful, and proper performance 2277
of the duties of employment, for the purpose of inducing, 2278
influencing, or coercing a change in wages, hours, terms, and 2279
other conditions of employment. "Strike" does not include a 2280
stoppage of work by employees in good faith because of dangerous 2281
or unhealthful working conditions at the place of employment that 2282
are abnormal to the place of employment.2283

       (I) "Unauthorized strike" includes, but is not limited to, 2284
concerted action during the term or extended term of a collective 2285
bargaining agreement or during the pendency of the settlement 2286
procedures set forth in section 4117.14 of the Revised Code in 2287
failing to report to duty; willful absence from one's position; 2288
stoppage of work; slowdown, or abstinence in whole or in part from 2289
the full, faithful, and proper performance of the duties of 2290
employment for the purpose of inducing, influencing, or coercing a 2291
change in wages, hours, terms, and other conditions of employment. 2292
"Unauthorized strike" includes any such action, absence, stoppage, 2293
slowdown, or abstinence when done partially or intermittently, 2294
whether during or after the expiration of the term or extended 2295
term of a collective bargaining agreement or during or after the 2296
pendency of the settlement procedures set forth in section 4117.14 2297
of the Revised Code.2298

       (J) "Professional employee" means any employee engaged in 2299
work that is predominantly intellectual, involving the consistent 2300
exercise of discretion and judgment in its performance and 2301
requiring knowledge of an advanced type in a field of science or 2302
learning customarily acquired by a prolonged course in an 2303
institution of higher learning or a hospital, as distinguished 2304
from a general academic education or from an apprenticeship; or an 2305
employee who has completed the courses of specialized intellectual 2306
instruction and is performing related work under the supervision 2307
of a professional person to become qualified as a professional 2308
employee.2309

       (K) "Confidential employee" means any employee who works in 2310
the personnel offices of a public employer and deals with 2311
information to be used by the public employer in collective 2312
bargaining; or any employee who works in a close continuing 2313
relationship with public officers or representatives directly 2314
participating in collective bargaining on behalf of the employer.2315

       (L) "Management level employee" means an individual who 2316
formulates policy on behalf of the public employer, who 2317
responsibly directs the implementation of policy, or who may 2318
reasonably be required on behalf of the public employer to assist 2319
in the preparation for the conduct of collective negotiations, 2320
administer collectively negotiated agreements, or have a major 2321
role in personnel administration. Assistant superintendents, 2322
principals, and assistant principals whose employment is governed 2323
by section 3319.02 of the Revised Code are management level 2324
employees. With respect to members of a faculty of a state 2325
institution of higher education, no person is a management level 2326
employee because of the person's involvement in the formulation or 2327
implementation of academic or institution policy.2328

       (M) "Wages" means hourly rates of pay, salaries, or other 2329
forms of compensation for services rendered.2330

       (N) "Member of a police department" means a person who is in 2331
the employ of a police department of a municipal corporation as a 2332
full-time regular police officer as the result of an appointment 2333
from a duly established civil service eligibility list or under 2334
section 737.15 or 737.16 of the Revised Code, a full-time deputy 2335
sheriff appointed under section 311.04 of the Revised Code, a 2336
township constable appointed under section 509.01 of the Revised 2337
Code, or a member of a township police district police department 2338
appointed under section 505.49 of the Revised Code.2339

       (O) "Members of the state highway patrol" means highway 2340
patrol troopers and radio operators appointed under section 2341
5503.01 of the Revised Code.2342

       (P) "Member of a fire department" means a person who is in 2343
the employ of a fire department of a municipal corporation or a 2344
township as a fire cadet, full-time regular firefighter, or 2345
promoted rank as the result of an appointment from a duly 2346
established civil service eligibility list or under section 2347
505.38, 709.012, or 737.22 of the Revised Code.2348

       (Q) "Day" means calendar day.2349

       Section 2.  That existing sections 109.57, 3313.61, 3317.03, 2350
3319.31, 3319.311, and 4117.01 of the Revised Code are hereby 2351
repealed.2352

       Section 3.  Sections 109.57 and 3317.03 of the Revised Code 2353
are presented in this act as composites of the sections as amended 2354
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General 2355
Assembly. The General Assembly, applying the principle stated in 2356
division (B) of section 1.52 of the Revised Code that amendments 2357
are to be harmonized if reasonably capable of simultaneous 2358
operation, finds that the composites are the resulting versions of 2359
the sections in effect prior to the effective date of the sections 2360
as presented in this act.2361

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