Bill Text: OH SB6 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To create the Special Education Scholarship Pilot Program.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2009-02-10 - To Education [SB6 Detail]

Download: Ohio-2009-SB6-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 6

Senator Coughlin 

Cosponsors: Senators Buehrer, Gibbs, Wagoner, Seitz 

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A BILL

To amend sections 109.57, 109.572, 3301.0714,

1

3317.022, 3317.03, 4776.01, and 5727.84 and to

2

enact sections 3310.51, 3310.52, 3310.521, 3310.53

3

to 3310.64, and 3323.052 of the Revised Code to

4

create the Special Education Scholarship Pilot

5

Program.

6

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

Section 1. That sections 109.57, 109.572, 3301.0714,	7
3317.022, 3317.03, 4776.01, and 5727.84 be amended and sections	8
3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56,	9
3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63,	10
3310.64, and 3323.052 of the Revised Code be enacted to read as	11
follows:	12

Sec. 109.57.  (A)(1) The superintendent of the bureau of	13
criminal identification and investigation shall procure from	14
wherever procurable and file for record photographs, pictures,	15
descriptions, fingerprints, measurements, and other information	16
that may be pertinent of all persons who have been convicted of	17
committing within this state a felony, any crime constituting a	18
misdemeanor on the first offense and a felony on subsequent	19
offenses, or any misdemeanor described in division (A)(1)(a),	20
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	21
of all children under eighteen years of age who have been	22
adjudicated delinquent children for committing within this state	23
an act that would be a felony or an offense of violence if	24
committed by an adult or who have been convicted of or pleaded	25
guilty to committing within this state a felony or an offense of	26
violence, and of all well-known and habitual criminals. The	27
person in charge of any county, multicounty, municipal,	28
municipal-county, or multicounty-municipal jail or workhouse,	29
community-based correctional facility, halfway house, alternative	30
residential facility, or state correctional institution and the	31
person in charge of any state institution having custody of a	32
person suspected of having committed a felony, any crime	33
constituting a misdemeanor on the first offense and a felony on	34
subsequent offenses, or any misdemeanor described in division	35
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	36
Revised Code or having custody of a child under eighteen years of	37
age with respect to whom there is probable cause to believe that	38
the child may have committed an act that would be a felony or an	39
offense of violence if committed by an adult shall furnish such	40
material to the superintendent of the bureau. Fingerprints,	41
photographs, or other descriptive information of a child who is	42
under eighteen years of age, has not been arrested or otherwise	43
taken into custody for committing an act that would be a felony	44
or an offense of violence who is not in any other category of	45
child specified in this division, if committed by an adult, has	46
not been adjudicated a delinquent child for committing an act	47
that would be a felony or an offense of violence if committed by	48
an adult, has not been convicted of or pleaded guilty to	49
committing a felony or an offense of violence, and is not a child	50
with respect to whom there is probable cause to believe that the	51
child may have committed an act that would be a felony or an	52
offense of violence if committed by an adult shall not be	53
procured by the superintendent or furnished by any person in	54
charge of any county, multicounty, municipal, municipal-county,	55
or multicounty-municipal jail or workhouse, community-based	56
correctional facility, halfway house, alternative residential	57
facility, or state correctional institution, except as authorized	58
in section 2151.313 of the Revised Code.	59

(2) Every clerk of a court of record in this state, other	60
than the supreme court or a court of appeals, shall send to the	61
superintendent of the bureau a weekly report containing a summary	62
of each case involving a felony, involving any crime constituting	63
a misdemeanor on the first offense and a felony on subsequent	64
offenses, involving a misdemeanor described in division (A)(1)(a),	65
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	66
or involving an adjudication in a case in which a child under	67
eighteen years of age was alleged to be a delinquent child for	68
committing an act that would be a felony or an offense of	69
violence if committed by an adult. The clerk of the court of	70
common pleas shall include in the report and summary the clerk	71
sends under this division all information described in divisions	72
(A)(2)(a) to (f) of this section regarding a case before the	73
court of appeals that is served by that clerk. The summary shall	74
be written on the standard forms furnished by the superintendent	75
pursuant to division (B) of this section and shall include the	76
following information:	77

(a) The incident tracking number contained on the standard	78
forms furnished by the superintendent pursuant to division (B) of	79
this section;	80

(b) The style and number of the case;

81

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

82

(d) The date that the person was convicted of or pleaded	83
guilty to the offense, adjudicated a delinquent child for	84
committing the act that would be a felony or an offense of	85
violence if committed by an adult, found not guilty of the	86
offense, or found not to be a delinquent child for committing an	87
act that would be a felony or an offense of violence if committed	88
by an adult, the date of an entry dismissing the charge, an entry	89
declaring a mistrial of the offense in which the person is	90
discharged, an entry finding that the person or child is not	91
competent to stand trial, or an entry of a nolle prosequi, or the	92
date of any other determination that constitutes final resolution	93
of the case;	94

(e) A statement of the original charge with the section of	95
the Revised Code that was alleged to be violated;	96

(f) If the person or child was convicted, pleaded guilty, or	97
was adjudicated a delinquent child, the sentence or terms of	98
probation imposed or any other disposition of the offender or the	99
delinquent child.	100

If the offense involved the disarming of a law enforcement	101
officer or an attempt to disarm a law enforcement officer, the	102
clerk shall clearly state that fact in the summary, and the	103
superintendent shall ensure that a clear statement of that fact is	104
placed in the bureau's records.	105

(3) The superintendent shall cooperate with and assist	106
sheriffs, chiefs of police, and other law enforcement officers in	107
the establishment of a complete system of criminal identification	108
and in obtaining fingerprints and other means of identification of	109
all persons arrested on a charge of a felony, any crime	110
constituting a misdemeanor on the first offense and a felony on	111
subsequent offenses, or a misdemeanor described in division	112
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	113
Revised Code and of all children under eighteen years of age	114
arrested or otherwise taken into custody for committing an act	115
that would be a felony or an offense of violence if committed by	116
an adult. The superintendent also shall file for record the	117
fingerprint impressions of all persons confined in a county,	118
multicounty, municipal, municipal-county, or multicounty-municipal	119
jail or workhouse, community-based correctional facility, halfway	120
house, alternative residential facility, or state correctional	121
institution for the violation of state laws and of all children	122
under eighteen years of age who are 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 or in any facility for delinquent children for	127
committing an act that would be a felony or an offense of violence	128
if committed by an adult, and any other information that the	129
superintendent may receive from law enforcement officials of the	130
state and its political subdivisions.	131

(4) The superintendent shall carry out Chapter 2950. of the	132
Revised Code with respect to the registration of persons who are	133
convicted of or plead guilty to a sexually oriented offense or a	134
child-victim oriented offense and with respect to all other duties	135
imposed on the bureau under that chapter.	136

(5) The bureau shall perform centralized recordkeeping	137
functions for criminal history records and services in this state	138
for purposes of the national crime prevention and privacy compact	139
set forth in section 109.571 of the Revised Code and is the	140
criminal history record repository as defined in that section for	141
purposes of that compact. The superintendent or the	142
superintendent's designee is the compact officer for purposes of	143
that compact and shall carry out the responsibilities of the	144
compact officer specified in that compact.	145

(B) The superintendent shall prepare and furnish to every	146
county, multicounty, municipal, municipal-county, or	147
multicounty-municipal jail or workhouse, community-based	148
correctional facility, halfway house, alternative residential	149
facility, or state correctional institution and to every clerk of	150
a court in this state specified in division (A)(2) of this section	151
standard forms for reporting the information required under	152
division (A) of this section. The standard forms that the	153
superintendent prepares pursuant to this division may be in a	154
tangible format, in an electronic format, or in both tangible	155
formats and electronic formats.	156

(C)(1) The superintendent may operate a center for	157
electronic, automated, or other data processing for the storage	158
and retrieval of information, data, and statistics pertaining to	159
criminals and to children under eighteen years of age who are	160
adjudicated delinquent children for committing an act that would	161
be a felony or an offense of violence if committed by an adult,	162
criminal activity, crime prevention, law enforcement, and criminal	163
justice, and may establish and operate a statewide communications	164
network to gather and disseminate information, data, and	165
statistics for the use of law enforcement agencies and for other	166
uses specified in this division. The superintendent may gather,	167
store, retrieve, and disseminate information, data, and statistics	168
that pertain to children who are under eighteen years of age and	169
that are gathered pursuant to sections 109.57 to 109.61 of the	170
Revised Code together with information, data, and statistics that	171
pertain to adults and that are gathered pursuant to those	172
sections.	173

(2) The superintendent or the superintendent's designee shall	174
gather information of the nature described in division (C)(1) of	175
this section that pertains to the offense and delinquency history	176
of a person who has been convicted of, pleaded guilty to, or been	177
adjudicated a delinquent child for committing a sexually oriented	178
offense or a child-victim oriented offense for inclusion in the	179
state registry of sex offenders and child-victim offenders	180
maintained pursuant to division (A)(1) of section 2950.13 of the	181
Revised Code and in the internet database operated pursuant to	182
division (A)(13) of that section and for possible inclusion in the	183
internet database operated pursuant to division (A)(11) of that	184
section.	185

(3) In addition to any other authorized use of information,	186
data, and statistics of the nature described in division (C)(1)	187
of this section, the superintendent or the superintendent's	188
designee may provide and exchange the information, data, and	189
statistics pursuant to the national crime prevention and privacy	190
compact as described in division (A)(5) of this section.	191

(D) The information and materials furnished to the	192
superintendent pursuant to division (A) of this section and	193
information and materials furnished to any board or person under	194
division (F) or (G) of this section are not public records under	195
section 149.43 of the Revised Code. The superintendent or the	196
superintendent's designee shall gather and retain information so	197
furnished under division (A) of this section that pertains to the	198
offense and delinquency history of a person who has been convicted	199
of, pleaded guilty to, or been adjudicated a delinquent child for	200
committing a sexually oriented offense or a child-victim oriented	201
offense for the purposes described in division (C)(2) of this	202
section.	203

(E) The attorney general shall adopt rules, in accordance	204
with Chapter 119. of the Revised Code, setting forth the procedure	205
by which a person may receive or release information gathered by	206
the superintendent pursuant to division (A) of this section. A	207
reasonable fee may be charged for this service. If a temporary	208
employment service submits a request for a determination of	209
whether a person the service plans to refer to an employment	210
position has been convicted of or pleaded guilty to an offense	211
listed in division (A)(1), (3), (4), (5), or (6) of section	212
109.572 of the Revised Code, the request shall be treated as a	213
single request and only one fee shall be charged.	214

(F)(1) As used in division (F)(2) of this section, "head	215
start agency" means an entity in this state that has been approved	216
to be an agency for purposes of subchapter II of the "Community	217
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	218
as amended.	219

(2)(a) In addition to or in conjunction with any request that	220
is required to be made under section 109.572, 2151.86, 3301.32, or	221
3301.541, division (C) of section 3310.58, or section 3319.39,	222
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	223
5126.28, 5126.281, or 5153.111 of the Revised Code or that is	224
made under section 3314.41, 3319.392, or 3326.25 of the Revised	225
Code, the board of education of any school district; the	226
director of mental retardation and developmental disabilities;	227
any county board of mental retardation and developmental	228
disabilities; any entity under contract with a county board of	229
mental retardation and developmental disabilities; the chief	230
administrator of any chartered nonpublic school; the chief	231
administrator of a registered private provider that is not also a	232
chartered nonpublic school; the chief administrator of any home	233
health agency; the chief administrator of or person operating any	234
child day-care center, type A family day-care home, or type B	235
family day-care home licensed or certified under Chapter 5104. of	236
the Revised Code; the administrator of any type C family day-care	237
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	238
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	239
general assembly; the chief administrator of any head start	240
agency; the executive director of a public children services	241
agency; a private company described in section 3314.41, 3319.392,	242
or 3326.25 of the Revised Code; or an employer described in	243
division (J)(2) of section 3327.10 of the Revised Code may	244
request that the superintendent of the bureau investigate and	245
determine, with respect to any individual who has applied for	246
employment in any position after October 2, 1989, or any	247
individual wishing to apply for employment with a board of	248
education may request, with regard to the individual, whether the	249
bureau has any information gathered under division (A) of this	250
section that pertains to that individual. On receipt of the	251
request, the superintendent shall determine whether that	252
information exists and, upon request of the person, board, or	253
entity requesting information, also shall request from the	254
federal bureau of investigation any criminal records it has	255
pertaining to that individual. The superintendent or the	256
superintendent's designee also may request criminal history	257
records from other states or the federal government pursuant to	258
the national crime prevention and privacy compact set forth in	259
section 109.571 of the Revised Code. Within thirty days of the	260
date that the superintendent receives a request, the	261
superintendent shall send to the board, entity, or person a	262
report of any information that the superintendent determines	263
exists, including information contained in records that have been	264
sealed under section 2953.32 of the Revised Code, and, within	265
thirty days of its receipt, shall send the board, entity, or	266
person a report of any information received from the federal	267
bureau of investigation, other than information the dissemination	268
of which is prohibited by federal law.	269

(b) When a board of education or a registered private	270
provider is required to receive information under this section as	271
a prerequisite to employment of an individual pursuant to	272
division (C) of section 3310.58 or section 3319.39 of the Revised	273
Code, it may accept a certified copy of records that were issued	274
by the bureau of criminal identification and investigation and	275
that are presented by an individual applying for employment with	276
the district in lieu of requesting that information itself. In	277
such a case, the board or provider shall accept the certified	278
copy issued by the bureau in order to make a photocopy of it for	279
that individual's employment application documents and shall	280
return the certified copy to the individual. In a case of that	281
nature, a district or provider only shall accept a certified copy	282
of records of that nature within one year after the date of their	283
issuance by the bureau.	284

(3) The state board of education may request, with respect to	285
any individual who has applied for employment after October 2,	286
1989, in any position with the state board or the department of	287
education, any information that a school district board of	288
education is authorized to request under division (F)(2) of this	289
section, and the superintendent of the bureau shall proceed as if	290
the request has been received from a school district board of	291
education under division (F)(2) of this section.	292

(4) When the superintendent of the bureau receives a request	293
for information under section 3319.291 of the Revised Code, the	294
superintendent shall proceed as if the request has been received	295
from a school district board of education under division (F)(2) of	296
this section.	297

(5) When a recipient of a classroom reading improvement grant	298
paid under section 3301.86 of the Revised Code requests, with	299
respect to any individual who applies to participate in providing	300
any program or service funded in whole or in part by the grant,	301
the information that a school district board of education is	302
authorized to request under division (F)(2)(a) of this section,	303
the superintendent of the bureau shall proceed as if the request	304
has been received from a school district board of education under	305
division (F)(2)(a) of this section.	306

(G) In addition to or in conjunction with any request that is	307
required to be made under section 3701.881, 3712.09, 3721.121, or	308
3722.151 of the Revised Code with respect to an individual who has	309
applied for employment in a position that involves providing	310
direct care to an older adult, the chief administrator of a home	311
health agency, hospice care program, home licensed under Chapter	312
3721. of the Revised Code, adult day-care program operated	313
pursuant to rules adopted under section 3721.04 of the Revised	314
Code, or adult care facility may request that the superintendent	315
of the bureau investigate and determine, with respect to any	316
individual who has applied after January 27, 1997, for employment	317
in a position that does not involve providing direct care to an	318
older adult, whether the bureau has any information gathered under	319
division (A) of this section that pertains to that individual.	320

In addition to or in conjunction with any request that is	321
required to be made under section 173.27 of the Revised Code with	322
respect to an individual who has applied for employment in a	323
position that involves providing ombudsperson services to	324
residents of long-term care facilities or recipients of	325
community-based long-term care services, the state long-term care	326
ombudsperson, ombudsperson's designee, or director of health may	327
request that the superintendent investigate and determine, with	328
respect to any individual who has applied for employment in a	329
position that does not involve providing such ombudsperson	330
services, whether the bureau has any information gathered under	331
division (A) of this section that pertains to that applicant.	332

In addition to or in conjunction with any request that is	333
required to be made under section 173.394 of the Revised Code with	334
respect to an individual who has applied for employment in a	335
position that involves providing direct care to an individual, the	336
chief administrator of a community-based long-term care agency may	337
request that the superintendent investigate and determine, with	338
respect to any individual who has applied for employment in a	339
position that does not involve providing direct care, whether the	340
bureau has any information gathered under division (A) of this	341
section that pertains to that applicant.	342

On receipt of a request under this division, the	343
superintendent shall determine whether that information exists	344
and, on request of the individual requesting information, shall	345
also request from the federal bureau of investigation any criminal	346
records it has pertaining to the applicant. The superintendent or	347
the superintendent's designee also may request criminal history	348
records from other states or the federal government pursuant to	349
the national crime prevention and privacy compact set forth in	350
section 109.571 of the Revised Code. Within thirty days of the	351
date a request is received, the superintendent shall send to the	352
requester a report of any information determined to exist,	353
including information contained in records that have been sealed	354
under section 2953.32 of the Revised Code, and, within thirty days	355
of its receipt, shall send the requester a report of any	356
information received from the federal bureau of investigation,	357
other than information the dissemination of which is prohibited by	358
federal law.	359

(H) Information obtained by a government entity or person	360
under this section is confidential and shall not be released or	361
disseminated.	362

(I) The superintendent may charge a reasonable fee for	363
providing information or criminal records under division (F)(2) or	364
(G) of this section.	365

(J) As used in this section, "sexually:

366

(1) "Sexually oriented offense" and "child-victim oriented	367
offense" have the same meanings as in section 2950.01 of the	368
Revised Code.	369

(2) "Registered private provider" means a nonpublic school	370
or entity registered with the superintendent of public	371
instruction under section 3310.41 of the Revised Code to	372
participate in the autism scholarship program or section 3310.58	373
of the Revised Code to participate in the special education	374
scholarship pilot program.	375

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	376
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	377
Code, a completed form prescribed pursuant to division (C)(1) of	378
this section, and a set of fingerprint impressions obtained in	379
the manner described in division (C)(2) of this section, the	380
superintendent of the bureau of criminal identification and	381
investigation shall conduct a criminal records check in the	382
manner described in division (B) of this section to determine	383
whether any information exists that indicates that the person who	384
is the subject of the request previously has been convicted of or	385
pleaded guilty to any of the following:	386

(a) A violation of section 2903.01, 2903.02, 2903.03,	387
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	388
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	389
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	390
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	391
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	392
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	393
2925.06, or 3716.11 of the Revised Code, felonious sexual	394
penetration in violation of former section 2907.12 of the Revised	395
Code, a violation of section 2905.04 of the Revised Code as it	396
existed prior to July 1, 1996, a violation of section 2919.23 of	397
the Revised Code that would have been a violation of section	398
2905.04 of the Revised Code as it existed prior to July 1, 1996,	399
had the violation been committed prior to that date, or a	400
violation of section 2925.11 of the Revised Code that is not a	401
minor drug possession offense;	402

(b) A violation of an existing or former law of this state,	403
any other state, or the United States that is substantially	404
equivalent to any of the offenses listed in division (A)(1)(a) of	405
this section.	406

(2) On receipt of a request pursuant to section 5123.081 of	407
the Revised Code with respect to an applicant for employment in	408
any position with the department of mental retardation and	409
developmental disabilities, pursuant to section 5126.28 of the	410
Revised Code with respect to an applicant for employment in any	411
position with a county board of mental retardation and	412
developmental disabilities, or pursuant to section 5126.281 of the	413
Revised Code with respect to an applicant for employment in a	414
direct services position with an entity contracting with a county	415
board for employment, a completed form prescribed pursuant to	416
division (C)(1) of this section, and a set of fingerprint	417
impressions obtained in the manner described in division (C)(2) of	418
this section, the superintendent of the bureau of criminal	419
identification and investigation shall conduct a criminal records	420
check. The superintendent shall conduct the criminal records check	421
in the manner described in division (B) of this section to	422
determine whether any information exists that indicates that the	423
person who is the subject of the request has been convicted of or	424
pleaded guilty to any of the following:	425

(a) A violation of section 2903.01, 2903.02, 2903.03,	426
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	427
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	428
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	429
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	430
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	431
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	432
2925.03, or 3716.11 of the Revised Code;	433

(b) An existing or former municipal ordinance or law of this	434
state, any other state, or the United States that is substantially	435
equivalent to any of the offenses listed in division (A)(2)(a) of	436
this section.	437

(3) On receipt of a request pursuant to section 173.27,	438
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	439
completed form prescribed pursuant to division (C)(1) of this	440
section, and a set of fingerprint impressions obtained in the	441
manner described in division (C)(2) of this section, the	442
superintendent of the bureau of criminal identification and	443
investigation shall conduct a criminal records check with respect	444
to any person who has applied for employment in a position for	445
which a criminal records check is required by those sections. The	446
superintendent shall conduct the criminal records check in the	447
manner described in division (B) of this section to determine	448
whether any information exists that indicates that the person who	449
is the subject of the request previously has been convicted of or	450
pleaded guilty to any of the following:	451

(a) A violation of section 2903.01, 2903.02, 2903.03,	452
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	453
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	454
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	455
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	456
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	457
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	458
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	459
2925.22, 2925.23, or 3716.11 of the Revised Code;	460

(b) An existing or former law of this state, any other state,	461
or the United States that is substantially equivalent to any of	462
the offenses listed in division (A)(3)(a) of this section.	463

(4) On receipt of a request pursuant to section 3701.881 of	464
the Revised Code with respect to an applicant for employment with	465
a home health agency as a person responsible for the care,	466
custody, or control of a child, a completed form prescribed	467
pursuant to division (C)(1) of this section, and a set of	468
fingerprint impressions obtained in the manner described in	469
division (C)(2) of this section, the superintendent of the bureau	470
of criminal identification and investigation shall conduct a	471
criminal records check. The superintendent shall conduct the	472
criminal records check in the manner described in division (B) of	473
this section to determine whether any information exists that	474
indicates that the person who is the subject of the request	475
previously has been convicted of or pleaded guilty to any of the	476
following:	477

(a) A violation of section 2903.01, 2903.02, 2903.03,	478
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	479
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	480
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	481
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	482
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	483
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	484
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	485
violation of section 2925.11 of the Revised Code that is not a	486
minor drug possession offense;	487

(b) An existing or former law of this state, any other state,	488
or the United States that is substantially equivalent to any of	489
the offenses listed in division (A)(4)(a) of this section.	490

(5) On receipt of a request pursuant to section 5111.032,	491
5111.033, or 5111.034 of the Revised Code, a completed form	492
prescribed pursuant to division (C)(1) of this section, and a set	493
of fingerprint impressions obtained in the manner described in	494
division (C)(2) of this section, the superintendent of the bureau	495
of criminal identification and investigation shall conduct a	496
criminal records check. The superintendent shall conduct the	497
criminal records check in the manner described in division (B) of	498
this section to determine whether any information exists that	499
indicates that the person who is the subject of the request	500
previously has been convicted of, has pleaded guilty to, or has	501
been found eligible for intervention in lieu of conviction for	502
any of the following:	503

(a) A violation of section 2903.01, 2903.02, 2903.03,	504
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	505
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	506
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	507
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	508
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	509
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	510
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	511
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	512
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	513
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	514
3716.11 of the Revised Code, felonious sexual penetration in	515
violation of former section 2907.12 of the Revised Code, a	516
violation of section 2905.04 of the Revised Code as it existed	517
prior to July 1, 1996, a violation of section 2919.23 of the	518
Revised Code that would have been a violation of section 2905.04	519
of the Revised Code as it existed prior to July 1, 1996, had the	520
violation been committed prior to that date;	521

(b) An existing or former law of this state, any other state,	522
or the United States that is substantially equivalent to any of	523
the offenses listed in division (A)(5)(a) of this section.	524

(6) On receipt of a request pursuant to section 3701.881 of	525
the Revised Code with respect to an applicant for employment with	526
a home health agency in a position that involves providing direct	527
care to an older adult, a completed form prescribed pursuant to	528
division (C)(1) of this section, and a set of fingerprint	529
impressions obtained in the manner described in division (C)(2) of	530
this section, the superintendent of the bureau of criminal	531
identification and investigation shall conduct a criminal records	532
check. The superintendent shall conduct the criminal records check	533
in the manner described in division (B) of this section to	534
determine whether any information exists that indicates that the	535
person who is the subject of the request previously has been	536
convicted of or pleaded guilty to any of the following:	537

(a) A violation of section 2903.01, 2903.02, 2903.03,	538
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	539
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	540
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	541
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	542
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	543
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	544
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	545
2925.22, 2925.23, or 3716.11 of the Revised Code;	546

(b) An existing or former law of this state, any other state,	547
or the United States that is substantially equivalent to any of	548
the offenses listed in division (A)(6)(a) of this section.	549

(7) When conducting a criminal records check upon a request	550
pursuant to section 3319.39 of the Revised Code for an applicant	551
who is a teacher, in addition to the determination made under	552
division (A)(1) of this section, the superintendent shall	553
determine whether any information exists that indicates that the	554
person who is the subject of the request previously has been	555
convicted of or pleaded guilty to any offense specified in section	556
3319.31 of the Revised Code.	557

(8) On receipt of a request pursuant to section 2151.86 of	558
the Revised Code, a completed form prescribed pursuant to	559
division (C)(1) of this section, and a set of fingerprint	560
impressions obtained in the manner described in division (C)(2)	561
of this section, the superintendent of the bureau of criminal	562
identification and investigation shall conduct a criminal records	563
check in the manner described in division (B) of this section to	564
determine whether any information exists that indicates that the	565
person who is the subject of the request previously has been	566
convicted of or pleaded guilty to any of the following:	567

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	568
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	569
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	570
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	571
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	572
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	573
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	574
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	575
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	576
of the Revised Code, a violation of section 2905.04 of the	577
Revised Code as it existed prior to July 1, 1996, a violation of	578
section 2919.23 of the Revised Code that would have been a	579
violation of section 2905.04 of the Revised Code as it existed	580
prior to July 1, 1996, had the violation been committed prior to	581
that date, a violation of section 2925.11 of the Revised Code	582
that is not a minor drug possession offense, two or more OVI or	583
OVUAC violations committed within the three years immediately	584
preceding the submission of the application or petition that is	585
the basis of the request, or felonious sexual penetration in	586
violation of former section 2907.12 of the Revised Code;	587

(b) A violation of an existing or former law of this state,	588
any other state, or the United States that is substantially	589
equivalent to any of the offenses listed in division (A)(8)(a) of	590
this section.	591

(9) Upon receipt of a request pursuant to section 5104.012	592
or 5104.013 of the Revised Code, a completed form prescribed	593
pursuant to division (C)(1) of this section, and a set of	594
fingerprint impressions obtained in the manner described in	595
division (C)(2) of this section, the superintendent of the bureau	596
of criminal identification and investigation shall conduct a	597
criminal records check in the manner described in division (B) of	598
this section to determine whether any information exists that	599
indicates that the person who is the subject of the request has	600
been convicted of or pleaded guilty to any of the following:	601

(a) A violation of section 2903.01, 2903.02, 2903.03,	602
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	603
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	604
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	605
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	606
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	607
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	608
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	609
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	610
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	611
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	612
3716.11 of the Revised Code, felonious sexual penetration in	613
violation of former section 2907.12 of the Revised Code, a	614
violation of section 2905.04 of the Revised Code as it existed	615
prior to July 1, 1996, a violation of section 2919.23 of the	616
Revised Code that would have been a violation of section 2905.04	617
of the Revised Code as it existed prior to July 1, 1996, had the	618
violation been committed prior to that date, a violation of	619
section 2925.11 of the Revised Code that is not a minor drug	620
possession offense, a violation of section 2923.02 or 2923.03 of	621
the Revised Code that relates to a crime specified in this	622
division, or a second violation of section 4511.19 of the	623
Revised Code within five years of the date of application for	624
licensure or certification.	625

(b) A violation of an existing or former law of this state,	626
any other state, or the United States that is substantially	627
equivalent to any of the offenses or violations described in	628
division (A)(9)(a) of this section.	629

(10) Upon receipt of a request pursuant to section 5153.111	630
of the Revised Code, a completed form prescribed pursuant to	631
division (C)(1) of this section, and a set of fingerprint	632
impressions obtained in the manner described in division (C)(2) of	633
this section, the superintendent of the bureau of criminal	634
identification and investigation shall conduct a criminal records	635
check in the manner described in division (B) of this section to	636
determine whether any information exists that indicates that the	637
person who is the subject of the request previously has been	638
convicted of or pleaded guilty to any of the following:	639

(a) A violation of section 2903.01, 2903.02, 2903.03,	640
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	641
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	642
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	643
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	644
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	645
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	646
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	647
felonious sexual penetration in violation of former section	648
2907.12 of the Revised Code, a violation of section 2905.04 of the	649
Revised Code as it existed prior to July 1, 1996, a violation of	650
section 2919.23 of the Revised Code that would have been a	651
violation of section 2905.04 of the Revised Code as it existed	652
prior to July 1, 1996, had the violation been committed prior to	653
that date, or a violation of section 2925.11 of the Revised Code	654
that is not a minor drug possession offense;	655

(b) A violation of an existing or former law of this state,	656
any other state, or the United States that is substantially	657
equivalent to any of the offenses listed in division (A)(10)(a) of	658
this section.	659

(11) On receipt of a request for a criminal records check	660
from an individual pursuant to section 4749.03 or 4749.06 of the	661
Revised Code, accompanied by a completed copy of the form	662
prescribed in division (C)(1) of this section and a set of	663
fingerprint impressions obtained in a manner described in division	664
(C)(2) of this section, the superintendent of the bureau of	665
criminal identification and investigation shall conduct a criminal	666
records check in the manner described in division (B) of this	667
section to determine whether any information exists indicating	668
that the person who is the subject of the request has been	669
convicted of or pleaded guilty to a felony in this state or in any	670
other state. If the individual indicates that a firearm will be	671
carried in the course of business, the superintendent shall	672
require information from the federal bureau of investigation as	673
described in division (B)(2) of this section. The superintendent	674
shall report the findings of the criminal records check and any	675
information the federal bureau of investigation provides to the	676
director of public safety.	677

(12) On receipt of a request pursuant to section 1321.37,	678
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	679
form prescribed pursuant to division (C)(1) of this section, and	680
a set of fingerprint impressions obtained in the manner described	681
in division (C)(2) of this section, the superintendent of the	682
bureau of criminal identification and investigation shall conduct	683
a criminal records check with respect to any person who has	684
applied for a license, permit, or certification from the	685
department of commerce or a division in the department. The	686
superintendent shall conduct the criminal records check in the	687
manner described in division (B) of this section to determine	688
whether any information exists that indicates that the person who	689
is the subject of the request previously has been convicted of or	690
pleaded guilty to any of the following: a violation of section	691
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	692
Code; any other criminal offense involving theft, receiving	693
stolen property, embezzlement, forgery, fraud, passing bad	694
checks, money laundering, or drug trafficking, or any criminal	695
offense involving money or securities, as set forth in Chapters	696
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	697
Revised Code; or any existing or former law of this state, any	698
other state, or the United States that is substantially	699
equivalent to those offenses.	700

(13) On receipt of a request for a criminal records check	701
from the treasurer of state under section 113.041 of the Revised	702
Code or from an individual under section 4701.08, 4715.101,	703
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	704
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	705
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	706
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	707
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	708
by a completed form prescribed under division (C)(1) of this	709
section and a set of fingerprint impressions obtained in the	710
manner described in division (C)(2) of this section, the	711
superintendent of the bureau of criminal identification and	712
investigation shall conduct a criminal records check in the	713
manner described in division (B) of this section to determine	714
whether any information exists that indicates that the person who	715
is the subject of the request has been convicted of or pleaded	716
guilty to any criminal offense in this state or any other state.	717
The superintendent shall send the results of a check requested	718
under section 113.041 of the Revised Code to the treasurer of	719
state and shall send the results of a check requested under any of	720
the other listed sections to the licensing board specified by the	721
individual in the request.	722

(14) On receipt of a request pursuant to section 1121.23,	723
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	724
Code, a completed form prescribed pursuant to division (C)(1) of	725
this section, and a set of fingerprint impressions obtained in the	726
manner described in division (C)(2) of this section, the	727
superintendent of the bureau of criminal identification and	728
investigation shall conduct a criminal records check in the manner	729
described in division (B) of this section to determine whether any	730
information exists that indicates that the person who is the	731
subject of the request previously has been convicted of or pleaded	732
guilty to any criminal offense under any existing or former law of	733
this state, any other state, or the United States.	734

(15) Not later than thirty days after the date the	735
superintendent receives a request of a type described in division	736
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	737
(12), or (14) of this section, the completed form, and the	738
fingerprint impressions, the superintendent shall send the	739
person, board, or entity that made the request any information,	740
other than information the dissemination of which is prohibited	741
by federal law, the superintendent determines exists with respect	742
to the person who is the subject of the request that indicates	743
that the person previously has been convicted of or pleaded	744
guilty to any offense listed or described in division (A)(1),	745
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	746
(14) of this section, as appropriate. The superintendent shall	747
send the person, board, or entity that made the request a copy of	748
the list of offenses specified in division (A)(1), (2), (3), (4),	749
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	750
section, as appropriate. If the request was made under section	751
3701.881 of the Revised Code with regard to an applicant who may	752
be both responsible for the care, custody, or control of a child	753
and involved in providing direct care to an older adult, the	754
superintendent shall provide a list of the offenses specified in	755
divisions (A)(4) and (6) of this section.	756

Not later than thirty days after the superintendent receives	757
a request for a criminal records check pursuant to section 113.041	758
of the Revised Code, the completed form, and the fingerprint	759
impressions, the superintendent shall send the treasurer of state	760
any information, other than information the dissemination of which	761
is prohibited by federal law, the superintendent determines exist	762
with respect to the person who is the subject of the request that	763
indicates that the person previously has been convicted of or	764
pleaded guilty to any criminal offense in this state or any other	765
state.	766

(B) The superintendent shall conduct any criminal records	767
check requested under section 113.041, 121.08, 173.27, 173.394,	768
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	769
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	770
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	771
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	772
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	773
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	774
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	775
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	776
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	777
5153.111 of the Revised Code as follows:	778

(1) The superintendent shall review or cause to be reviewed	779
any relevant information gathered and compiled by the bureau under	780
division (A) of section 109.57 of the Revised Code that relates to	781
the person who is the subject of the request, including, if the	782
criminal records check was requested under section 113.041,	783
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	784
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	785
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	786
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	787
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	788
the Revised Code, any relevant information contained in records	789
that have been sealed under section 2953.32 of the Revised Code;	790

(2) If the request received by the superintendent asks for	791
information from the federal bureau of investigation, the	792
superintendent shall request from the federal bureau of	793
investigation any information it has with respect to the person	794
who is the subject of the request, including fingerprint-based	795
checks of national crime information databases as described in 42	796
U.S.C. 671 if the request is made pursuant to section 2151.86,	797
5104.012, or 5104.013 of the Revised Code or if any other Revised	798
Code section requires fingerprint-based checks of that nature, and	799
shall review or cause to be reviewed any information the	800
superintendent receives from that bureau.	801

(3) The superintendent or the superintendent's designee may	802
request criminal history records from other states or the federal	803
government pursuant to the national crime prevention and privacy	804
compact set forth in section 109.571 of the Revised Code.	805

(C)(1) The superintendent shall prescribe a form to obtain	806
the information necessary to conduct a criminal records check from	807
any person for whom a criminal records check is requested under	808
section 113.041 of the Revised Code or required by section	809
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	810
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	811
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	812
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	813
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	814
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	815
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	816
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	817
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	818
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	819
that the superintendent prescribes pursuant to this division may	820
be in a tangible format, in an electronic format, or in both	821
tangible and electronic formats.	822

(2) The superintendent shall prescribe standard impression	823
sheets to obtain the fingerprint impressions of any person for	824
whom a criminal records check is requested under section 113.041	825
of the Revised Code or required by section 121.08, 173.27,	826
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	827
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	828
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	829
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	830
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	831
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	832
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	833
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	834
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	835
5126.281, or 5153.111 of the Revised Code. Any person for whom a	836
records check is requested under or required by any of those	837
sections shall obtain the fingerprint impressions at a county	838
sheriff's office, municipal police department, or any other	839
entity with the ability to make fingerprint impressions on the	840
standard impression sheets prescribed by the superintendent. The	841
office, department, or entity may charge the person a reasonable	842
fee for making the impressions. The standard impression sheets the	843
superintendent prescribes pursuant to this division may be in a	844
tangible format, in an electronic format, or in both tangible and	845
electronic formats.	846

(3) Subject to division (D) of this section, the	847
superintendent shall prescribe and charge a reasonable fee for	848
providing a criminal records check requested under section	849
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	850
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	851
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	852
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	853
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	854
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	855
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	856
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	857
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	858
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	859
Revised Code. The person making a criminal records request	860
under any of those sections shall pay the fee prescribed	861
pursuant to this division. A person making a request under	862
section 3701.881 of the Revised Code for a criminal records	863
check for an applicant who may be both responsible for the care,	864
custody, or control of a child and involved in providing direct	865
care to an older adult shall pay one fee for the request. In the	866
case of a request under section 1121.23, 1155.03, 1163.05,	867
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	868
the fee shall be paid in the manner specified in that section.	869

(4) The superintendent of the bureau of criminal	870
identification and investigation may prescribe methods of	871
forwarding fingerprint impressions and information necessary to	872
conduct a criminal records check, which methods shall include, but	873
not be limited to, an electronic method.	874

(D) A determination whether any information exists that	875
indicates that a person previously has been convicted of or	876
pleaded guilty to any offense listed or described in division	877
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	878
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	879
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	880
this section, or that indicates that a person previously has	881
been convicted of or pleaded guilty to any criminal offense in	882
this state or any other state regarding a criminal records check	883
of a type described in division (A)(13) of this section, and	884
that is made by the superintendent with respect to information	885
considered in a criminal records check in accordance with this	886
section is valid for the person who is the subject of the	887
criminal records check for a period of one year from the date	888
upon which the superintendent makes the determination. During the	889
period in which the determination in regard to a person is valid,	890
if another request under this section is made for a criminal	891
records check for that person, the superintendent shall provide	892
the information that is the basis for the superintendent's	893
initial determination at a lower fee than the fee prescribed for	894
the initial criminal records check.	895

(E) When the superintendent receives a request for	896
information from a registered private provider, the superintendent	897
shall proceed as if the request was received from a school	898
district board of education under section 3319.39 of the Revised	899
Code. The superintendent shall apply division (A)(7) of this	900
section to any such request for an applicant who is a teacher.	901

(F) As used in this section:

902

(1) "Criminal records check" means any criminal records check	903
conducted by the superintendent of the bureau of criminal	904
identification and investigation in accordance with division (B)	905
of this section.	906

(2) "Minor drug possession offense" has the same meaning as	907
in section 2925.01 of the Revised Code.	908

(3) "Older adult" means a person age sixty or older.

909

(4) "OVI or OVUAC violation" means a violation of section	910
4511.19 of the Revised Code or a violation of an existing or	911
former law of this state, any other state, or the United States	912
that is substantially equivalent to section 4511.19 of the Revised	913
Code.	914

(5) "Registered private provider" means a nonpublic school	915
or entity registered with the superintendent of public instruction	916
under section 3310.41 of the Revised Code to participate in the	917
autism scholarship program or section 3310.58 of the Revised Code	918
to participate in the special education scholarship pilot	919
program.	920

Sec. 3301.0714.  (A) The state board of education shall adopt	921
rules for a statewide education management information system. The	922
rules shall require the state board to establish guidelines for	923
the establishment and maintenance of the system in accordance with	924
this section and the rules adopted under this section. The	925
guidelines shall include:	926

(1) Standards identifying and defining the types of data in	927
the system in accordance with divisions (B) and (C) of this	928
section;	929

(2) Procedures for annually collecting and reporting the data	930
to the state board in accordance with division (D) of this	931
section;	932

(3) Procedures for annually compiling the data in accordance	933
with division (G) of this section;	934

(4) Procedures for annually reporting the data to the public	935
in accordance with division (H) of this section.	936

(B) The guidelines adopted under this section shall require	937
the data maintained in the education management information system	938
to include at least the following:	939

(1) Student participation and performance data, for each	940
grade in each school district as a whole and for each grade in	941
each school building in each school district, that includes:	942

(a) The numbers of students receiving each category of	943
instructional service offered by the school district, such as	944
regular education instruction, vocational education instruction,	945
specialized instruction programs or enrichment instruction that is	946
part of the educational curriculum, instruction for gifted	947
students, instruction for students with disabilities, and	948
remedial instruction. The guidelines shall require instructional	949
services under this division to be divided into discrete	950
categories if an instructional service is limited to a specific	951
subject, a specific type of student, or both, such as regular	952
instructional services in mathematics, remedial reading	953
instructional services, instructional services specifically for	954
students gifted in mathematics or some other subject area, or	955
instructional services for students with a specific type of	956
disability. The categories of instructional services required by	957
the guidelines under this division shall be the same as the	958
categories of instructional services used in determining cost	959
units pursuant to division (C)(3) of this section.	960

(b) The numbers of students receiving support or	961
extracurricular services for each of the support services or	962
extracurricular programs offered by the school district, such as	963
counseling services, health services, and extracurricular sports	964
and fine arts programs. The categories of services required by the	965
guidelines under this division shall be the same as the categories	966
of services used in determining cost units pursuant to division	967
(C)(4)(a) of this section.	968

(c) Average student grades in each subject in grades nine	969
through twelve;	970

(d) Academic achievement levels as assessed by the testing of	971
student achievement under sections 3301.0710 and 3301.0711 of the	972
Revised Code;	973

(e) The number of students designated as having a disabling	974
condition pursuant to division (C)(1) of section 3301.0711 of the	975
Revised Code;	976

(f) The numbers of students reported to the state board	977
pursuant to division (C)(2) of section 3301.0711 of the Revised	978
Code;	979

(g) Attendance rates and the average daily attendance for the	980
year. For purposes of this division, a student shall be counted as	981
present for any field trip that is approved by the school	982
administration.	983

(h) Expulsion rates;

984

(i) Suspension rates;

985

(j) The percentage of students receiving corporal punishment;

986

(k) Dropout rates;

987

(l) Rates of retention in grade;

988

(m) For pupils in grades nine through twelve, the average	989
number of carnegie units, as calculated in accordance with state	990
board of education rules;	991

(n) Graduation rates, to be calculated in a manner specified	992
by the department of education that reflects the rate at which	993
students who were in the ninth grade three years prior to the	994
current year complete school and that is consistent with	995
nationally accepted reporting requirements;	996

(o) Results of diagnostic assessments administered to	997
kindergarten students as required under section 3301.0715 of the	998
Revised Code to permit a comparison of the academic readiness of	999
kindergarten students. However, no district shall be required to	1000
report to the department the results of any diagnostic assessment	1001
administered to a kindergarten student if the parent of that	1002
student requests the district not to report those results.	1003

(2) Personnel and classroom enrollment data for each school	1004
district, including:	1005

(a) The total numbers of licensed employees and nonlicensed	1006
employees and the numbers of full-time equivalent licensed	1007
employees and nonlicensed employees providing each category of	1008
instructional service, instructional support service, and	1009
administrative support service used pursuant to division (C)(3) of	1010
this section. The guidelines adopted under this section shall	1011
require these categories of data to be maintained for the school	1012
district as a whole and, wherever applicable, for each grade in	1013
the school district as a whole, for each school building as a	1014
whole, and for each grade in each school building.	1015

(b) The total number of employees and the number of full-time	1016
equivalent employees providing each category of service used	1017
pursuant to divisions (C)(4)(a) and (b) of this section, and the	1018
total numbers of licensed employees and nonlicensed employees and	1019
the numbers of full-time equivalent licensed employees and	1020
nonlicensed employees providing each category used pursuant to	1021
division (C)(4)(c) of this section. The guidelines adopted under	1022
this section shall require these categories of data to be	1023
maintained for the school district as a whole and, wherever	1024
applicable, for each grade in the school district as a whole, for	1025
each school building as a whole, and for each grade in each school	1026
building.	1027

(c) The total number of regular classroom teachers teaching	1028
classes of regular education and the average number of pupils	1029
enrolled in each such class, in each of grades kindergarten	1030
through five in the district as a whole and in each school	1031
building in the school district.	1032

(d) The number of master teachers employed by each school	1033
district and each school building, once a definition of master	1034
teacher has been developed by the educator standards board	1035
pursuant to section 3319.61 of the Revised Code.	1036

(3)(a) Student demographic data for each school district,	1037
including information regarding the gender ratio of the school	1038
district's pupils, the racial make-up of the school district's	1039
pupils, the number of limited English proficient students in the	1040
district, and an appropriate measure of the number of the school	1041
district's pupils who reside in economically disadvantaged	1042
households. The demographic data shall be collected in a manner to	1043
allow correlation with data collected under division (B)(1) of	1044
this section. Categories for data collected pursuant to division	1045
(B)(3) of this section shall conform, where appropriate, to	1046
standard practices of agencies of the federal government.	1047

(b) With respect to each student entering kindergarten,	1048
whether the student previously participated in a public preschool	1049
program, a private preschool program, or a head start program, and	1050
the number of years the student participated in each of these	1051
programs.	1052

(4) Any data required to be collected pursuant to federal	1053
law.	1054

(C) The education management information system shall include	1055
cost accounting data for each district as a whole and for each	1056
school building in each school district. The guidelines adopted	1057
under this section shall require the cost data for each school	1058
district to be maintained in a system of mutually exclusive cost	1059
units and shall require all of the costs of each school district	1060
to be divided among the cost units. The guidelines shall require	1061
the system of mutually exclusive cost units to include at least	1062
the following:	1063

(1) Administrative costs for the school district as a whole.	1064
The guidelines shall require the cost units under this division	1065
(C)(1) to be designed so that each of them may be compiled and	1066
reported in terms of average expenditure per pupil in formula ADM	1067
in the school district, as determined pursuant to section 3317.03	1068
of the Revised Code.	1069

(2) Administrative costs for each school building in the	1070
school district. The guidelines shall require the cost units under	1071
this division (C)(2) to be designed so that each of them may be	1072
compiled and reported in terms of average expenditure per	1073
full-time equivalent pupil receiving instructional or support	1074
services in each building.	1075

(3) Instructional services costs for each category of	1076
instructional service provided directly to students and required	1077
by guidelines adopted pursuant to division (B)(1)(a) of this	1078
section. The guidelines shall require the cost units under	1079
division (C)(3) of this section to be designed so that each of	1080
them may be compiled and reported in terms of average expenditure	1081
per pupil receiving the service in the school district as a whole	1082
and average expenditure per pupil receiving the service in each	1083
building in the school district and in terms of a total cost for	1084
each category of service and, as a breakdown of the total cost, a	1085
cost for each of the following components:	1086

(a) The cost of each instructional services category required	1087
by guidelines adopted under division (B)(1)(a) of this section	1088
that is provided directly to students by a classroom teacher;	1089

(b) The cost of the instructional support services, such as	1090
services provided by a speech-language pathologist, classroom	1091
aide, multimedia aide, or librarian, provided directly to students	1092
in conjunction with each instructional services category;	1093

(c) The cost of the administrative support services related	1094
to each instructional services category, such as the cost of	1095
personnel that develop the curriculum for the instructional	1096
services category and the cost of personnel supervising or	1097
coordinating the delivery of the instructional services category.	1098

(4) Support or extracurricular services costs for each	1099
category of service directly provided to students and required by	1100
guidelines adopted pursuant to division (B)(1)(b) of this section.	1101
The guidelines shall require the cost units under division (C)(4)	1102
of this section to be designed so that each of them may be	1103
compiled and reported in terms of average expenditure per pupil	1104
receiving the service in the school district as a whole and	1105
average expenditure per pupil receiving the service in each	1106
building in the school district and in terms of a total cost for	1107
each category of service and, as a breakdown of the total cost, a	1108
cost for each of the following components:	1109

(a) The cost of each support or extracurricular services	1110
category required by guidelines adopted under division (B)(1)(b)	1111
of this section that is provided directly to students by a	1112
licensed employee, such as services provided by a guidance	1113
counselor or any services provided by a licensed employee under a	1114
supplemental contract;	1115

(b) The cost of each such services category provided directly	1116
to students by a nonlicensed employee, such as janitorial	1117
services, cafeteria services, or services of a sports trainer;	1118

(c) The cost of the administrative services related to each	1119
services category in division (C)(4)(a) or (b) of this section,	1120
such as the cost of any licensed or nonlicensed employees that	1121
develop, supervise, coordinate, or otherwise are involved in	1122
administering or aiding the delivery of each services category.	1123

(D)(1) The guidelines adopted under this section shall	1124
require school districts to collect information about individual	1125
students, staff members, or both in connection with any data	1126
required by division (B) or (C) of this section or other reporting	1127
requirements established in the Revised Code. The guidelines may	1128
also require school districts to report information about	1129
individual staff members in connection with any data required by	1130
division (B) or (C) of this section or other reporting	1131
requirements established in the Revised Code. The guidelines shall	1132
not authorize school districts to request social security numbers	1133
of individual students. The guidelines shall prohibit the	1134
reporting under this section of a student's name, address, and	1135
social security number to the state board of education or the	1136
department of education. The guidelines shall also prohibit the	1137
reporting under this section of any personally identifiable	1138
information about any student, except for the purpose of assigning	1139
the data verification code required by division (D)(2) of this	1140
section, to any other person unless such person is employed by the	1141
school district or the information technology center operated	1142
under section 3301.075 of the Revised Code and is authorized by	1143
the district or technology center to have access to such	1144
information or is employed by an entity with which the department	1145
contracts for the scoring of tests administered under section	1146
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	1147
require school districts to provide the social security numbers of	1148
individual staff members.	1149

(2) The guidelines shall provide for each school district or	1150
community school to assign a data verification code that is unique	1151
on a statewide basis over time to each student whose initial Ohio	1152
enrollment is in that district or school and to report all	1153
required individual student data for that student utilizing such	1154
code. The guidelines shall also provide for assigning data	1155
verification codes to all students enrolled in districts or	1156
community schools on the effective date of the guidelines	1157
established under this section.	1158

Individual student data shall be reported to the department	1159
through the information technology centers utilizing the code but,	1160
except as provided in sections 3310.11, 3310.42, 3310.63,	1161
3313.978, and 3317.20 of the Revised Code, at no time shall the	1162
state board or the department have access to information that	1163
would enable any data verification code to be matched to	1164
personally identifiable student data.	1165

Each school district shall ensure that the data verification	1166
code is included in the student's records reported to any	1167
subsequent school district or community school in which the	1168
student enrolls. Any such subsequent district or school shall	1169
utilize the same identifier in its reporting of data under this	1170
section.	1171

The director of health shall request and receive, pursuant to	1172
sections 3301.0723 and 3701.62 of the Revised Code, a data	1173
verification code for a child who is receiving services under	1174
division (A)(2) of section 3701.61 of the Revised Code.	1175

(E) The guidelines adopted under this section may require	1176
school districts to collect and report data, information, or	1177
reports other than that described in divisions (A), (B), and (C)	1178
of this section for the purpose of complying with other reporting	1179
requirements established in the Revised Code. The other data,	1180
information, or reports may be maintained in the education	1181
management information system but are not required to be compiled	1182
as part of the profile formats required under division (G) of this	1183
section or the annual statewide report required under division (H)	1184
of this section.	1185

(F) Beginning with the school year that begins July 1, 1991,	1186
the board of education of each school district shall annually	1187
collect and report to the state board, in accordance with the	1188
guidelines established by the board, the data required pursuant to	1189
this section. A school district may collect and report these data	1190
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1191

(G) The state board shall, in accordance with the procedures	1192
it adopts, annually compile the data reported by each school	1193
district pursuant to division (D) of this section. The state board	1194
shall design formats for profiling each school district as a whole	1195
and each school building within each district and shall compile	1196
the data in accordance with these formats. These profile formats	1197
shall:	1198

(1) Include all of the data gathered under this section in a	1199
manner that facilitates comparison among school districts and	1200
among school buildings within each school district;	1201

(2) Present the data on academic achievement levels as	1202
assessed by the testing of student achievement maintained pursuant	1203
to division (B)(1)(d) of this section.	1204

(H)(1) The state board shall, in accordance with the	1205
procedures it adopts, annually prepare a statewide report for all	1206
school districts and the general public that includes the profile	1207
of each of the school districts developed pursuant to division (G)	1208
of this section. Copies of the report shall be sent to each school	1209
district.	1210

(2) The state board shall, in accordance with the procedures	1211
it adopts, annually prepare an individual report for each school	1212
district and the general public that includes the profiles of each	1213
of the school buildings in that school district developed pursuant	1214
to division (G) of this section. Copies of the report shall be	1215
sent to the superintendent of the district and to each member of	1216
the district board of education.	1217

(3) Copies of the reports received from the state board under	1218
divisions (H)(1) and (2) of this section shall be made available	1219
to the general public at each school district's offices. Each	1220
district board of education shall make copies of each report	1221
available to any person upon request and payment of a reasonable	1222
fee for the cost of reproducing the report. The board shall	1223
annually publish in a newspaper of general circulation in the	1224
school district, at least twice during the two weeks prior to the	1225
week in which the reports will first be available, a notice	1226
containing the address where the reports are available and the	1227
date on which the reports will be available.	1228

(I) Any data that is collected or maintained pursuant to this	1229
section and that identifies an individual pupil is not a public	1230
record for the purposes of section 149.43 of the Revised Code.	1231

(J) As used in this section:

1232

(1) "School district" means any city, local, exempted	1233
village, or joint vocational school district and, in accordance	1234
with section 3314.17 of the Revised Code, any community school. As	1235
used in division (L) of this section, "school district" also	1236
includes any educational service center or other educational	1237
entity required to submit data using the system established under	1238
this section.	1239

(2) "Cost" means any expenditure for operating expenses made	1240
by a school district excluding any expenditures for debt	1241
retirement except for payments made to any commercial lending	1242
institution for any loan approved pursuant to section 3313.483 of	1243
the Revised Code.	1244

(K) Any person who removes data from the information system	1245
established under this section for the purpose of releasing it to	1246
any person not entitled under law to have access to such	1247
information is subject to section 2913.42 of the Revised Code	1248
prohibiting tampering with data.	1249

(L)(1) In accordance with division (L)(2) of this section and	1250
the rules adopted under division (L)(10) of this section, the	1251
department of education may sanction any school district that	1252
reports incomplete or inaccurate data, reports data that does not	1253
conform to data requirements and descriptions published by the	1254
department, fails to report data in a timely manner, or otherwise	1255
does not make a good faith effort to report data as required by	1256
this section.	1257

(2) If the department decides to sanction a school district	1258
under this division, the department shall take the following	1259
sequential actions:	1260

(a) Notify the district in writing that the department has	1261
determined that data has not been reported as required under this	1262
section and require the district to review its data submission and	1263
submit corrected data by a deadline established by the department.	1264
The department also may require the district to develop a	1265
corrective action plan, which shall include provisions for the	1266
district to provide mandatory staff training on data reporting	1267
procedures.	1268

(b) Withhold up to ten per cent of the total amount of state	1269
funds due to the district for the current fiscal year and, if not	1270
previously required under division (L)(2)(a) of this section,	1271
require the district to develop a corrective action plan in	1272
accordance with that division;	1273

(c) Withhold an additional amount of up to twenty per cent of	1274
the total amount of state funds due to the district for the	1275
current fiscal year;	1276

(d) Direct department staff or an outside entity to	1277
investigate the district's data reporting practices and make	1278
recommendations for subsequent actions. The recommendations may	1279
include one or more of the following actions:	1280

(i) Arrange for an audit of the district's data reporting	1281
practices by department staff or an outside entity;	1282

(ii) Conduct a site visit and evaluation of the district;

1283

(iii) Withhold an additional amount of up to thirty per cent	1284
of the total amount of state funds due to the district for the	1285
current fiscal year;	1286

(iv) Continue monitoring the district's data reporting;

1287

(v) Assign department staff to supervise the district's data	1288
management system;	1289

(vi) Conduct an investigation to determine whether to suspend	1290
or revoke the license of any district employee in accordance with	1291
division (N) of this section;	1292

(vii) If the district is issued a report card under section	1293
3302.03 of the Revised Code, indicate on the report card that the	1294
district has been sanctioned for failing to report data as	1295
required by this section;	1296

(viii) If the district is issued a report card under section	1297
3302.03 of the Revised Code and incomplete or inaccurate data	1298
submitted by the district likely caused the district to receive a	1299
higher performance rating than it deserved under that section,	1300
issue a revised report card for the district;	1301

(ix) Any other action designed to correct the district's data	1302
reporting problems.	1303

(3) Any time the department takes an action against a school	1304
district under division (L)(2) of this section, the department	1305
shall make a report of the circumstances that prompted the action.	1306
The department shall send a copy of the report to the district	1307
superintendent or chief administrator and maintain a copy of the	1308
report in its files.	1309

(4) If any action taken under division (L)(2) of this section	1310
resolves a school district's data reporting problems to the	1311
department's satisfaction, the department shall not take any	1312
further actions described by that division. If the department	1313
withheld funds from the district under that division, the	1314
department may release those funds to the district, except that if	1315
the department withheld funding under division (L)(2)(c) of this	1316
section, the department shall not release the funds withheld under	1317
division (L)(2)(b) of this section and, if the department withheld	1318
funding under division (L)(2)(d) of this section, the department	1319
shall not release the funds withheld under division (L)(2)(b) or	1320
(c) of this section.	1321

(5) Notwithstanding anything in this section to the contrary,	1322
the department may use its own staff or an outside entity to	1323
conduct an audit of a school district's data reporting practices	1324
any time the department has reason to believe the district has not	1325
made a good faith effort to report data as required by this	1326
section. If any audit conducted by an outside entity under	1327
division (L)(2)(d)(i) or (5) of this section confirms that a	1328
district has not made a good faith effort to report data as	1329
required by this section, the district shall reimburse the	1330
department for the full cost of the audit. The department may	1331
withhold state funds due to the district for this purpose.	1332

(6) Prior to issuing a revised report card for a school	1333
district under division (L)(2)(d)(viii) of this section, the	1334
department may hold a hearing to provide the district with an	1335
opportunity to demonstrate that it made a good faith effort to	1336
report data as required by this section. The hearing shall be	1337
conducted by a referee appointed by the department. Based on the	1338
information provided in the hearing, the referee shall recommend	1339
whether the department should issue a revised report card for the	1340
district. If the referee affirms the department's contention that	1341
the district did not make a good faith effort to report data as	1342
required by this section, the district shall bear the full cost of	1343
conducting the hearing and of issuing any revised report card.	1344

(7) If the department determines that any inaccurate data	1345
reported under this section caused a school district to receive	1346
excess state funds in any fiscal year, the district shall	1347
reimburse the department an amount equal to the excess funds, in	1348
accordance with a payment schedule determined by the department.	1349
The department may withhold state funds due to the district for	1350
this purpose.	1351

(8) Any school district that has funds withheld under	1352
division (L)(2) of this section may appeal the withholding in	1353
accordance with Chapter 119. of the Revised Code.	1354

(9) In all cases of a disagreement between the department and	1355
a school district regarding the appropriateness of an action taken	1356
under division (L)(2) of this section, the burden of proof shall	1357
be on the district to demonstrate that it made a good faith effort	1358
to report data as required by this section.	1359

(10) The state board of education shall adopt rules under	1360
Chapter 119. of the Revised Code to implement division (L) of this	1361
section.	1362

(M) No information technology center or school district shall	1363
acquire, change, or update its student administration software	1364
package to manage and report data required to be reported to the	1365
department unless it converts to a student software package that	1366
is certified by the department.	1367

(N) The state board of education, in accordance with sections	1368
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1369
license as defined under division (A) of section 3319.31 of the	1370
Revised Code that has been issued to any school district employee	1371
found to have willfully reported erroneous, inaccurate, or	1372
incomplete data to the education management information system.	1373

(O) No person shall release or maintain any information about	1374
any student in violation of this section. Whoever violates this	1375
division is guilty of a misdemeanor of the fourth degree.	1376

(P) The department shall disaggregate the data collected	1377
under division (B)(1)(o) of this section according to the race and	1378
socioeconomic status of the students assessed. No data collected	1379
under that division shall be included on the report cards required	1380
by section 3302.03 of the Revised Code.	1381

(Q) If the department cannot compile any of the information	1382
required by division (C)(5) of section 3302.03 of the Revised Code	1383
based upon the data collected under this section, the department	1384
shall develop a plan and a reasonable timeline for the collection	1385
of any data necessary to comply with that division.	1386

Sec. 3310.51.  As used in sections 3310.51 to 3310.64 of the	1387
Revised Code:	1388

(A) "Alternative public provider" means either of the	1389
following providers that agrees to enroll a child in the	1390
provider's special education program to implement the child's	1391
individualized education program and to which the eligible	1392
applicant owes fees for the services provided to the child:	1393

(1) A school district that is not the school district in	1394
which the child is entitled to attend school or the child's school	1395
district of residence, if different;	1396

(2) A public entity other than a school district.

1397

(B) "Applicable special education weight" means the multiple	1398
specified in section 3317.013 of the Revised Code for a disability	1399
described in that section.	1400

(C) "Category one through six special education ADM" means	1401
the respective categories prescribed in divisions (F)(1) to (6) of	1402
section 3317.02 of the Revised Code.	1403

(D) "Child with a disability" and "individualized education	1404
program" have the same meanings as in section 3323.01 of the	1405
Revised Code.	1406

(E) "Eligible applicant" means any of the following:

1407

(1) Either of the natural or adoptive parents of a qualified	1408
special education child, except as otherwise specified in this	1409
division. When the marriage of the natural or adoptive parents of	1410
the student has been terminated by a divorce, dissolution of	1411
marriage, or annulment, or when the natural or adoptive parents of	1412
the student are living separate and apart under a legal separation	1413
decree, and a court has issued an order allocating the parental	1414
rights and responsibilities with respect to the child, "eligible	1415
applicant" means the residential parent as designated by the	1416
court. If the court issues a shared parenting decree, "eligible	1417
applicant" means either parent. "Eligible applicant" does not mean	1418
a parent whose custodial rights have been terminated.	1419

(2) The custodian of a qualified special education child,	1420
when a court has granted temporary, legal, or permanent custody of	1421
the child to an individual other than either of the natural or	1422
adoptive parents of the child or to a government agency;	1423

(3) The guardian of a qualified special education child, when	1424
a court has appointed a guardian for the child;	1425

(4) The grandparent of a qualified special education child,	1426
when the grandparent is the child's attorney in fact under a power	1427
of attorney executed under sections 3109.51 to 3109.62 of the	1428
Revised Code or when the grandparent has executed a caregiver	1429
authorization affidavit under sections 3109.65 to 3109.73 of the	1430
Revised Code;	1431

(5) The surrogate parent appointed for a qualified special	1432
education child pursuant to division (B) of section 3323.05 and	1433
section 3323.051 of the Revised Code;	1434

(6) A qualified special education child, if the child does	1435
not have a custodian or guardian and the child is at least	1436
eighteen years of age.	1437

(F) "Entitled to attend school" means entitled to attend	1438
school in a school district under sections 3313.64 and 3313.65 of	1439
the Revised Code.	1440

(G) "Formula ADM" and "formula amount" have the same meanings	1441
as in section 3317.02 of the Revised Code.	1442

(H) "Qualified special education child" is a child for whom	1443
all of the following conditions apply:	1444

(1) The child is at least five years of age and less than	1445
twenty-two years of age.	1446

(2) The school district in which the child is entitled to	1447
attend school, or the child's school district of residence if	1448
different, has identified the child as a child with a disability.	1449

(3) The school district in which the child is entitled to	1450
attend school, or the child's school district of residence if	1451
different, has developed an individualized education program under	1452
Chapter 3323. of the Revised Code for the child.	1453

(4) The child either:

1454

(a) Was enrolled in the schools of the school district in	1455
which the child is entitled to attend school in any grade from	1456
kindergarten through twelve in the school year prior to the school	1457
year in which a scholarship is first sought for the child;	1458

(b) Is eligible to enter school in any grade kindergarten	1459
through twelve in the school district in which the child is	1460
entitled to attend school in the school year in which a	1461
scholarship is first sought for the child.	1462

(5) The department of education has not approved a	1463
scholarship for the child under the autism scholarship program	1464
under section 3310.41 of the Revised Code for the same school year	1465
in which a scholarship under the special education scholarship	1466
pilot program is sought.	1467

(I) "Registered private provider" means a nonpublic school or	1468
other nonpublic entity that has been registered by the	1469
superintendent of public instruction under section 3310.58 of the	1470
Revised Code.	1471

(J) "Scholarship" means a scholarship awarded under the	1472
special education scholarship pilot program pursuant to sections	1473
3310.51 to 3310.64 of the Revised Code.	1474

(K) "School district of residence" has the same meaning as in	1475
section 3323.01 of the Revised Code. A community school	1476
established under Chapter 3314. of the Revised Code is not a	1477
"school district of residence" for purposes of sections 3310.51 to	1478
3310.64 of the Revised Code.	1479

(L) "School year" has the same meaning as in section 3313.62	1480
of the Revised Code.	1481

(M) "Special education program" means a school or facility	1482
that provides special education and related services to children	1483
with disabilities.	1484

Sec. 3310.52.  (A) The special education scholarship pilot	1485
program is hereby established. Under the program, in fiscal years	1486
2012 through 2017, subject to division (B) of this section, the	1487
department of education annually shall pay a scholarship to an	1488
eligible applicant for services provided by an alternative public	1489
provider or a registered private provider for a qualified special	1490
education child. The scholarship shall be used only to pay all or	1491
part of the fees for the child to attend the special education	1492
program operated by the alternative public provider or registered	1493
private provider to implement the child's individualized	1494
education program, in lieu of the child's attending the special	1495
education program operated by the school district in which the	1496
child is entitled to attend school, and other services agreed to	1497
by the provider and eligible applicant that are not included in	1498
the individualized education program but are associated with	1499
educating the child. Upon agreement with the eligible applicant,	1500
the alternative public provider or registered private provider	1501
may modify the services provided to the child.	1502

(B) The number of scholarships awarded under the pilot	1503
program in any fiscal year shall not exceed three per cent of the	1504
total number of students residing in the state identified as	1505
children with disabilities during the previous fiscal year.	1506

(C) No scholarship or renewal of a scholarship shall be	1507
awarded to an eligible applicant on behalf of a qualified special	1508
education child for the next school year, unless on or before the	1509
fifteenth day of April the eligible applicant completes the	1510
application for the scholarship or renewal, in the manner	1511
prescribed by the department, and notifies the school district in	1512
which the child is entitled to attend school that the eligible	1513
applicant has applied for the scholarship or renewal.	1514

Sec. 3310.521. (A) As a condition of receiving payments for a	1515
scholarship, each eligible applicant shall attest to receipt of	1516
the profile prescribed by division (B) of this section. Such	1517
attestation shall be made and submitted to the department of	1518
education in the form and manner as required by the department.	1519

(B) The alternative public provider or registered private	1520
provider that enrolls a qualified special education child shall	1521
submit in writing to the eligible applicant to whom a scholarship	1522
is awarded on behalf of that child a profile of the provider's	1523
special education program, in a form as prescribed by the	1524
department, that shall contain all of the following:	1525

(1) Information regarding the financial status of the	1526
provider;	1527

(2) Methods of instruction that will be utilized by the	1528
provider to provide services to the qualified special education	1529
child;	1530

(3) Qualifications of teachers, instructors, and other	1531
persons who will be engaged by the provider to provide services to	1532
the qualified special education child;	1533

(4) Results of the evaluation of the academic program of the	1534
provider;	1535

(5) Any other information required by the department.

1536

Sec. 3310.53.  (A) Except for development of the child's	1537
individualized education program, as specified in division (B) of	1538
this section, the school district in which a qualified special	1539
education child is entitled to attend school and the child's	1540
school district of residence, if different, are not obligated to	1541
provide the child with a free appropriate public education under	1542
Chapter 3323. of the Revised Code for as long as the child	1543
continues to attend the special education program operated by	1544
either an alternative public provider or a registered private	1545
provider for which a scholarship is awarded under the special	1546
education scholarship pilot program. If at any time, the eligible	1547
applicant for the child decides no longer to accept scholarship	1548
payments and enrolls the child in the special education program of	1549
the school district in which the child is entitled to attend	1550
school, that district shall provide the child with a free	1551
appropriate public education under Chapter 3323. of the Revised	1552
Code.	1553

(B) Each eligible applicant and each qualified special	1554
education child have a continuing right to the development of an	1555
individualized education program for the child that complies with	1556
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	1557
administrative rules or guidelines adopted by the Ohio department	1558
of education or the United States department of education. The	1559
school district in which a qualified special education child is	1560
entitled to attend school, or the child's school district of	1561
residence if different, shall develop each individualized	1562
education program for the child in accordance with those	1563
provisions.	1564

(C) Each school district shall notify an eligible applicant	1565
of the applicant's and qualified special education child's rights	1566
under sections 3310.51 to 3310.64 of the Revised Code by providing	1567
to each eligible applicant the comparison document prescribed in	1568
section 3323.052 of the Revised Code. An eligible applicant's	1569
receipt of that document, as acknowledged in a format prescribed	1570
by the department of education, shall constitute notice that the	1571
eligible applicant has been informed of those rights. Upon receipt	1572
of that document, subsequent acceptance of a scholarship	1573
constitutes the eligible applicant's informed consent to the	1574
provisions of sections 3310.51 to 3310.64 of the Revised Code.	1575

Sec. 3310.54.  As prescribed in divisions (A)(2)(h),	1576
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised	1577
Code, a qualified special education child in any of grades	1578
kindergarten through twelve for whom a scholarship is awarded	1579
under the special education scholarship pilot program shall be	1580
counted in the formula ADM and category one through six special	1581
education ADM, as appropriate, of the school district in which the	1582
child is entitled to attend school. A qualified special education	1583
child shall not be counted in the formula ADM or category one	1584
through six special education ADM of any other school district.	1585

Sec. 3310.55.  The department of education shall deduct from	1586
a school district's state education aid, as defined in section	1587
3317.02 of the Revised Code, and if necessary, from its payment	1588
under sections 321.24 and 323.156 of the Revised Code, the	1589
aggregate amount of scholarships paid under section 3310.57 of the	1590
Revised Code for qualified special education children included in	1591
the formula ADM and the category one through six special education	1592
ADM of that school district.	1593

Sec. 3310.56.  The amount of the scholarship awarded and paid	1594
to an eligible applicant for services for a qualified special	1595
education child under the special education scholarship pilot	1596
program in each school year shall be the least of the following:	1597

(A) The amount of fees charged for that school year by the	1598
alternative public provider or registered private provider;	1599

(B) The sum of the amounts calculated under divisions (B)(1)	1600
and (2) of this section:	1601

(1) The sum of the formula amount plus the per pupil amount	1602
of the base funding supplements specified in divisions (C)(1) to	1603
(4) of section 3317.012 of the Revised Code;	1604

(2) The formula amount times the applicable special education	1605
weight for the child's disability;	1606

(C) Twenty thousand dollars.

1607

Sec. 3310.57.  The department of education shall make	1608
periodic payments to an eligible applicant for services for each	1609
qualified special education child for whom a scholarship has been	1610
awarded. The total of all payments made to an applicant in each	1611
school year shall not exceed the amount calculated for the child	1612
under section 3310.56 of the Revised Code.	1613

The scholarship amount shall be proportionately reduced in	1614
the case of a child who is not enrolled in the special education	1615
program of an alternative public provider or a registered private	1616
provider for the entire school year.	1617

In accordance with division (A) of section 3310.62 of the	1618
Revised Code, the department shall make no payments to an	1619
applicant for a first-time scholarship for a qualified special	1620
education child while any administrative or judicial mediation or	1621
proceedings with respect to the content of the child's	1622
individualized education program are pending.	1623

Sec. 3310.58.  No nonpublic school or entity shall receive	1624
payments from an eligible applicant for services for a qualified	1625
special education child under the special education scholarship	1626
pilot program until the school or entity registers with the	1627
superintendent of public instruction. The superintendent shall	1628
register and designate as a registered private provider any	1629
nonpublic school or entity that meets the following requirements:	1630

(A) The special education program operated by the school or	1631
entity meets the minimum education standards established by the	1632
state board of education.	1633

(B) The school or entity complies with the antidiscrimination	1634
provisions of 42 U.S.C. 2000d, regardless of whether the school or	1635
entity receives federal financial assistance.	1636

(C) If the school or entity is not chartered by the state	1637
board under section 3301.16 of the Revised Code, the school or	1638
entity agrees to comply with section 3319.39 of the Revised Code	1639
as if it were a school district.	1640

(D) The teaching and nonteaching professionals employed by	1641
the school or entity, or employed by any subcontractors of the	1642
school or entity, hold credentials determined by the state board	1643
to be appropriate for the qualified special education children	1644
enrolled in the special education program it operates.	1645

(E) The school or entity meets applicable health and safety	1646
standards established by law for school buildings.	1647

(F) The school or entity agrees to retain on file	1648
documentation as required by the department of education.	1649

(G) The school or entity demonstrates fiscal soundness to the	1650
satisfaction of the department.	1651

(H) The school or entity agrees to provide a record of the	1652
implementation of the individualized education program for each	1653
qualified special education child enrolled in the school's or	1654
entity's special education program, including evaluation of the	1655
child's progress, to the school district in which the child is	1656
entitled to attend school, in the form and manner prescribed by	1657
the department.	1658

(I) The school or entity agrees that, if it declines to	1659
enroll a particular qualified special education child, it will	1660
notify in writing the eligible applicant of its reasons for	1661
declining to enroll the child.	1662

(J) The school or entity agrees to meet other requirements	1663
established by rule of the state board under section 3310.64 of	1664
the Revised Code.	1665

Sec. 3310.59.  The superintendent of public instruction shall	1666
revoke the registration of any school or entity if, after a	1667
hearing, the superintendent determines that the school or entity	1668
is in violation of any provision of section 3310.58 of the Revised	1669
Code.	1670

Sec. 3310.60.  A qualified special education child attending	1671
a special education program at an alternative public provider or a	1672
registered private provider with a scholarship shall be entitled	1673
to transportation to and from that program in the manner	1674
prescribed by law for any child with a disability attending a	1675
nonpublic special education program.	1676

Sec. 3310.61.  An eligible applicant on behalf of a child who	1677
currently attends a public special education program under a	1678
contract, compact, or other bilateral agreement, or on behalf of a	1679
child who currently attends a community school, shall not be	1680
prohibited from applying for and accepting a scholarship so that	1681
the applicant may withdraw the child from that program or	1682
community school and use the scholarship for the child to attend a	1683
special education program operated by an alternative public	1684
provider or a registered private provider.	1685

Sec. 3310.62.  (A) A scholarship under the special education	1686
scholarship pilot program shall not be awarded for the first time	1687
to an eligible applicant on behalf of a qualified special	1688
education child while the child's individualized education program	1689
is being developed by the school district in which the child is	1690
entitled to attend school, or by the child's school district of	1691
residence if different, or while any administrative or judicial	1692
mediation or proceedings with respect to the content of that	1693
individualized education program are pending.	1694

(B) Development of individualized education programs	1695
subsequent to the one developed for the child the first time a	1696
scholarship was awarded on behalf of the child and the	1697
prosecuting, by the eligible applicant on behalf of the child, of	1698
administrative or judicial mediation or proceedings with respect	1699
to any of those subsequent individualized education programs do	1700
not affect the applicant's and the child's continued eligibility	1701
for scholarship payments.	1702

(C) In the case of any child for whom a scholarship has been	1703
awarded, if the school district in which the child is entitled to	1704
attend school has agreed to provide some services for the child	1705
under an agreement entered into with the eligible applicant or	1706
with the alternative public provider or registered private	1707
provider implementing the child's individualized education	1708
program, or if the district is required by law to provide some	1709
services for the child, including transportation services under	1710
sections 3310.60 and 3327.01 of the Revised Code, the district	1711
shall not discontinue the services it is providing pending	1712
completion of any administrative proceedings regarding those	1713
services. The prosecuting, by the eligible applicant on behalf of	1714
the child, of administrative proceedings regarding the services	1715
provided by the district does not affect the applicant's and the	1716
child's continued eligibility for scholarship payments.	1717

(D) The department of education shall continue to make	1718
payments to the eligible applicant under section 3310.57 of the	1719
Revised Code while either of the following are pending:	1720

(1) Administrative or judicial mediation or proceedings with	1721
respect to a subsequent individualized education program for the	1722
child referred to in division (B) of this section;	1723

(2) Administrative proceedings regarding services provided by	1724
the district under division (C) of this section.	1725

Sec. 3310.63. (A) Only for the purpose of administering the	1726
special education scholarship pilot program, the department of	1727
education may request from any of the following entities the data	1728
verification code assigned under division (D)(2) of section	1729
3301.0714 of the Revised Code to any qualified special education	1730
child for whom a scholarship is sought under the program:	1731

(1) The school district in which the child is entitled to	1732
attend school;	1733

(2) If applicable, the community school in which the child is	1734
enrolled;	1735

(3) The independent contractor engaged to create and maintain	1736
data verification codes.	1737

(B) Upon a request by the department under division (A) of	1738
this section for the data verification code of a qualified special	1739
education child or a request by the eligible applicant for the	1740
child for that code, the school district or community school	1741
shall submit that code to the department or applicant in the	1742
manner specified by the department. If the child has not been	1743
assigned a code, because the child will be entering kindergarten	1744
during the school year for which the scholarship is sought, the	1745
district shall assign a code to that child and submit the code to	1746
the department or applicant by a date specified by the	1747
department. If the district does not assign a code to the child	1748
by the specified date, the department shall assign a code to the	1749
child.	1750

The department annually shall submit to each school district	1751
the name and data verification code of each child residing in the	1752
district who is entering kindergarten, who has been awarded a	1753
scholarship under the program, and for whom the department has	1754
assigned a code under this division.	1755

(C) The department shall not release any data verification	1756
code that it receives under this section to any person except as	1757
provided by law.	1758

(D) Any document relative to the special education	1759
scholarship pilot program that the department holds in its files	1760
that contains both a qualified special education child's name or	1761
other personally identifiable information and the child's data	1762
verification code shall not be a public record under section	1763
149.43 of the Revised Code.	1764

Sec. 3310.64. The state board of education shall adopt rules	1765
in accordance with Chapter 119. of the Revised Code prescribing	1766
procedures necessary to implement sections 3310.51 to 3310.62 of	1767
the Revised Code including, but not limited to, procedures for	1768
parents to apply for scholarships, standards for registered	1769
private providers, and procedures for registration of private	1770
providers.	1771

Sec. 3317.022.  (A)(1) The department of education shall	1772
compute and distribute state base cost funding to each eligible	1773
school district for the fiscal year, using the information	1774
obtained under section 3317.021 of the Revised Code in the	1775
calendar year in which the fiscal year begins, according to the	1776
following formula:	1777

{[the formula amount X (formula ADM +	1778

preschool scholarship ADM)] +	1779

the sum of the base funding supplements	1780

prescribed in divisions (C)(1) to (4)	1781

of section 3317.012 of the Revised Code} -	1782

[.023 x (the sum of recognized valuation	1783

and property exemption value)] +	1784

the amounts calculated for the district under	1785

sections 3317.029 and 3317.0217 of the Revised Code	1786

If the difference obtained is a negative number, the	1787
district's computation shall be zero.	1788

(2)(a) For each school district for which the tax exempt	1789
value of the district equals or exceeds twenty-five per cent of	1790
the potential value of the district, the department of education	1791
shall calculate the difference between the district's tax exempt	1792
value and twenty-five per cent of the district's potential value.	1793

(b) For each school district to which division (A)(2)(a) of	1794
this section applies, the department shall adjust the recognized	1795
valuation used in the calculation under division (A)(1) of this	1796
section by subtracting from it the amount calculated under	1797
division (A)(2)(a) of this section.	1798

(B) As used in this section:

1799

(1) The "total special education weight" for a district means	1800
the sum of the following amounts:	1801

(a) The district's category one special education ADM	1802
multiplied by the multiple specified in division (A) of section	1803
3317.013 of the Revised Code;	1804

(b) The district's category two special education ADM	1805
multiplied by the multiple specified in division (B) of section	1806
3317.013 of the Revised Code;	1807

(c) The district's category three special education ADM	1808
multiplied by the multiple specified in division (C) of section	1809
3317.013 of the Revised Code;	1810

(d) The district's category four special education ADM	1811
multiplied by the multiple specified in division (D) of section	1812
3317.013 of the Revised Code;	1813

(e) The district's category five special education ADM	1814
multiplied by the multiple specified in division (E) of section	1815
3317.013 of the Revised Code;	1816

(f) The district's category six special education ADM	1817
multiplied by the multiple specified in division (F) of section	1818
3317.013 of the Revised Code.	1819

(2) "State share percentage" means the percentage calculated	1820
for a district as follows:	1821

(a) Calculate the state base cost funding amount for the	1822
district for the fiscal year under division (A) of this section.	1823
If the district would not receive any state base cost funding for	1824
that year under that division, the district's state share	1825
percentage is zero.	1826

(b) If the district would receive state base cost funding	1827
under that division, divide that amount by an amount equal to the	1828
following:	1829

(the formula amount X formula ADM) +	1830

the sum of the base funding supplements	1831

prescribed in divisions (C)(1) to (4)	1832

of section 3317.012 of the Revised Code +	1833

the sum of the amounts calculated for the district under	1834

sections 3317.029 and 3317.0217 of the Revised Code	1835

The resultant number is the district's state share	1836
percentage.	1837

(3) "Related services" includes:

1838

(a) Child study, special education supervisors and	1839
coordinators, speech and hearing services, adaptive physical	1840
development services, occupational or physical therapy, teacher	1841
assistants for children with disabilities whose disabilities are	1842
described in division (B) of section 3317.013 or division (F)(3)	1843
of section 3317.02 of the Revised Code, behavioral intervention,	1844
interpreter services, work study, nursing services, and	1845
specialized integrative services as those terms are defined by	1846
the department;	1847

(b) Speech and language services provided to any student with	1848
a disability, including any student whose primary or only	1849
disability is a speech and language disability;	1850

(c) Any related service not specifically covered by other	1851
state funds but specified in federal law, including but not	1852
limited to, audiology and school psychological services;	1853

(d) Any service included in units funded under former	1854
division (O)(1) of section 3317.024 of the Revised Code;	1855

(e) Any other related service needed by children with	1856
disabilities in accordance with their individualized education	1857
programs.	1858

(4) The "total vocational education weight" for a district	1859
means the sum of the following amounts:	1860

(a) The district's category one vocational education ADM	1861
multiplied by the multiple specified in division (A) of section	1862
3317.014 of the Revised Code;	1863

(b) The district's category two vocational education ADM	1864
multiplied by the multiple specified in division (B) of section	1865
3317.014 of the Revised Code.	1866

(5) "Preschool scholarship ADM" means the number of	1867
preschool children with disabilities reported under division	1868
(B)(3)(h) of section 3317.03 of the Revised Code.	1869

(C)(1) The department shall compute and distribute state	1870
special education and related services additional weighted costs	1871
funds to each school district in accordance with the following	1872
formula:	1873

The district's state share percentage X	1874

the formula amount for the year for which	1875

the aid is calculated X the district's	1876

total special education weight	1877

(2) The attributed local share of special education and	1878
related services additional weighted costs equals:	1879

(1 - the district's state share percentage) X the district's	1880

total special education weight X the formula amount	1881

(3)(a) The department shall compute and pay in accordance	1882
with this division additional state aid to school districts for	1883
students in categories two through six special education ADM. If a	1884
district's costs for the fiscal year for a student in its	1885
categories two through six special education ADM exceed the	1886
threshold catastrophic cost for serving the student, the district	1887
may submit to the superintendent of public instruction	1888
documentation, as prescribed by the superintendent, of all its	1889
costs for that student. Upon submission of documentation for a	1890
student of the type and in the manner prescribed, the department	1891
shall pay to the district an amount equal to the sum of the	1892
following:	1893

(i) One-half of the district's costs for the student in	1894
excess of the threshold catastrophic cost;	1895

(ii) The product of one-half of the district's costs for the	1896
student in excess of the threshold catastrophic cost multiplied by	1897
the district's state share percentage.	1898

(b) For purposes of division (C)(3)(a) of this section, the	1899
threshold catastrophic cost for serving a student equals:	1900

(i) For a student in the school district's category two,	1901
three, four, or five special education ADM, twenty-seven thousand	1902
three hundred seventy-five dollars in fiscal years 2008 and 2009;	1903

(ii) For a student in the district's category six special	1904
education ADM, thirty-two thousand eight hundred fifty dollars in	1905
fiscal years 2008 and 2009.	1906

(c) The district shall only report under division (C)(3)(a)	1907
of this section, and the department shall only pay for, the costs	1908
of educational expenses and the related services provided to the	1909
student in accordance with the student's individualized education	1910
program. Any legal fees, court costs, or other costs associated	1911
with any cause of action relating to the student may not be	1912
included in the amount.	1913

(4)(a) As used in this division, the "personnel allowance"	1914
means thirty thousand dollars in fiscal years 2008 and 2009.	1915

(b) For the provision of speech language pathology services	1916
to students, including students who do not have individualized	1917
education programs prepared for them under Chapter 3323. of the	1918
Revised Code, and for no other purpose, the department of	1919
education shall pay each school district an amount calculated	1920
under the following formula:	1921

(formula ADM divided by 2000) X	1922

the personnel allowance X	1923

the state share percentage	1924

(5) In any fiscal year, a school district shall spend for	1925
purposes that the department designates as approved for special	1926
education and related services expenses at least the amount	1927
calculated as follows:	1928

(formula amount X the sum of categories	1929

one through six special education ADM) +	1930

(total special education weight X formula amount)	1931

The purposes approved by the department for special education	1932
expenses shall include, but shall not be limited to,	1933
identification of children with disabilities, compliance with	1934
state rules governing the education of children with disabilities	1935
and prescribing the continuum of program options for children	1936
with disabilities, provision of speech language pathology	1937
services, and the portion of the school district's overall	1938
administrative and overhead costs that are attributable to the	1939
district's special education student population.	1940

The scholarships deducted from the school district's account	1941
under section 3310.41 or 3310.55 of the Revised Code shall be	1942
considered to be an approved special education and related	1943
services expense for the purpose of the school district's	1944
compliance with division (C)(5) of this section.	1945

The department shall require school districts to report data	1946
annually to allow for monitoring compliance with division (C)(5)	1947
of this section. The department shall annually report to the	1948
governor and the general assembly the amount of money spent by	1949
each school district for special education and related services.	1950

(6) In any fiscal year, a school district shall spend for the	1951
provision of speech language pathology services not less than the	1952
sum of the amount calculated under division (C)(1) of this section	1953
for the students in the district's category one special education	1954
ADM and the amount calculated under division (C)(4) of this	1955
section.	1956

The scholarships deducted from the school district's account	1957
under section 3310.55 of the Revised Code for students counted in	1958
the district's category one special education ADM shall be	1959
considered to be an approved speech language pathology services	1960
expense for the purpose of the school district's compliance with	1961
division (C)(6) of this section.	1962

(D)(1) As used in this division:

1963

(a) "Daily bus miles per student" equals the number of bus	1964
miles traveled per day, divided by transportation base.	1965

(b) "Transportation base" equals total student count as	1966
defined in section 3301.011 of the Revised Code, minus the number	1967
of students enrolled in units for preschool children with	1968
disabilities, plus the number of nonpublic school students	1969
included in transportation ADM.	1970

(c) "Transported student percentage" equals transportation	1971
ADM divided by transportation base.	1972

(d) "Transportation cost per student" equals total operating	1973
costs for board-owned or contractor-operated school buses divided	1974
by transportation base.	1975

(2) Analysis of student transportation cost data has resulted	1976
in a finding that an average efficient transportation use cost per	1977
student can be calculated by means of a regression formula that	1978
has as its two independent variables the number of daily bus miles	1979
per student and the transported student percentage. For fiscal	1980
year 1998 transportation cost data, the average efficient	1981
transportation use cost per student is expressed as follows:	1982

51.79027 + (139.62626 X daily bus miles per student) +	1983

(116.25573 X transported student percentage)	1984

The department of education shall annually determine the	1985
average efficient transportation use cost per student in	1986
accordance with the principles stated in division (D)(2) of this	1987
section, updating the intercept and regression coefficients of the	1988
regression formula modeled in this division, based on an annual	1989
statewide analysis of each school district's daily bus miles per	1990
student, transported student percentage, and transportation cost	1991
per student data. The department shall conduct the annual update	1992
using data, including daily bus miles per student, transported	1993
student percentage, and transportation cost per student data, from	1994
the prior fiscal year. The department shall notify the office of	1995
budget and management of such update by the fifteenth day of	1996
February of each year.	1997

(3) In addition to funds paid under divisions (A), (C), and	1998
(E) of this section, each district with a transported student	1999
percentage greater than zero shall receive a payment equal to a	2000
percentage of the product of the district's transportation base	2001
from the prior fiscal year times the annually updated average	2002
efficient transportation use cost per student, times an inflation	2003
factor of two and eight-tenths per cent to account for the	2004
one-year difference between the data used in updating the formula	2005
and calculating the payment and the year in which the payment is	2006
made. The percentage shall be the following percentage of that	2007
product specified for the corresponding fiscal year:	2008

	FISCAL YEAR		PERCENTAGE		2009
	2000		52.5%		2010
	2001		55%		2011
	2002		57.5%		2012
	2003 and thereafter		The greater of 60% or the district's state share percentage		2013

The payments made under division (D)(3) of this section each	2014
year shall be calculated based on all of the same prior year's	2015
data used to update the formula.	2016

(4) In addition to funds paid under divisions (D)(2) and (3)	2017
of this section, a school district shall receive a rough road	2018
subsidy if both of the following apply:	2019

(a) Its county rough road percentage is higher than the	2020
statewide rough road percentage, as those terms are defined in	2021
division (D)(5) of this section;	2022

(b) Its district student density is lower than the statewide	2023
student density, as those terms are defined in that division.	2024

(5) The rough road subsidy paid to each district meeting the	2025
qualifications of division (D)(4) of this section shall be	2026
calculated in accordance with the following formula:	2027

(per rough mile subsidy X total rough road miles)	2028

X density multiplier	2029

where:

2030

(a) "Per rough mile subsidy" equals the amount calculated in	2031
accordance with the following formula:	2032

0.75 - {0.75 X [(maximum rough road percentage -	2033

county rough road percentage)/(maximum rough road	2034

percentage - statewide rough road percentage)]}	2035

(i) "Maximum rough road percentage" means the highest county	2036
rough road percentage in the state.	2037

(ii) "County rough road percentage" equals the percentage of	2038
the mileage of state, municipal, county, and township roads that	2039
is rated by the department of transportation as type A, B, C, E2,	2040
or F in the county in which the school district is located or, if	2041
the district is located in more than one county, the county to	2042
which it is assigned for purposes of determining its	2043
cost-of-doing-business factor.	2044

(iii) "Statewide rough road percentage" means the percentage	2045
of the statewide total mileage of state, municipal, county, and	2046
township roads that is rated as type A, B, C, E2, or F by the	2047
department of transportation.	2048

(b) "Total rough road miles" means a school district's total	2049
bus miles traveled in one year times its county rough road	2050
percentage.	2051

(c) "Density multiplier" means a figure calculated in	2052
accordance with the following formula:	2053

1 - [(minimum student density - district student	2054

density)/(minimum student density -	2055

statewide student density)]	2056

(i) "Minimum student density" means the lowest district	2057
student density in the state.	2058

(ii) "District student density" means a school district's	2059
transportation base divided by the number of square miles in the	2060
district.	2061

(iii) "Statewide student density" means the sum of the	2062
transportation bases for all school districts divided by the sum	2063
of the square miles in all school districts.	2064

(6) In addition to funds paid under divisions (D)(2) to (5)	2065
of this section, each district shall receive in accordance with	2066
rules adopted by the state board of education a payment for	2067
students transported by means other than board-owned or	2068
contractor-operated buses and whose transportation is not funded	2069
under division (G) of section 3317.024 of the Revised Code. The	2070
rules shall include provisions for school district reporting of	2071
such students.	2072

(E)(1) The department shall compute and distribute state	2073
vocational education additional weighted costs funds to each	2074
school district in accordance with the following formula:	2075

state share percentage X	2076

the formula amount X	2077

total vocational education weight	2078

In any fiscal year, a school district receiving funds under	2079
division (E)(1) of this section shall spend those funds only for	2080
the purposes that the department designates as approved for	2081
vocational education expenses. Vocational educational expenses	2082
approved by the department shall include only expenses connected	2083
to the delivery of career-technical programming to	2084
career-technical students. The department shall require the school	2085
district to report data annually so that the department may	2086
monitor the district's compliance with the requirements regarding	2087
the manner in which funding received under division (E)(1) of this	2088
section may be spent.	2089

(2) The department shall compute for each school district	2090
state funds for vocational education associated services in	2091
accordance with the following formula:	2092

state share percentage X .05 X the formula amount X	2093

the sum of categories one and two vocational education ADM	2094

In any fiscal year, a school district receiving funds under	2095
division (E)(2) of this section, or through a transfer of funds	2096
pursuant to division (L) of section 3317.023 of the Revised Code,	2097
shall spend those funds only for the purposes that the department	2098
designates as approved for vocational education associated	2099
services expenses, which may include such purposes as	2100
apprenticeship coordinators, coordinators for other vocational	2101
education services, vocational evaluation, and other purposes	2102
designated by the department. The department may deny payment	2103
under division (E)(2) of this section to any district that the	2104
department determines is not operating those services or is using	2105
funds paid under division (E)(2) of this section, or through a	2106
transfer of funds pursuant to division (L) of section 3317.023 of	2107
the Revised Code, for other purposes.	2108

(F) The actual local share in any fiscal year for the	2109
combination of special education and related services additional	2110
weighted costs funding calculated under division (C)(1) of this	2111
section, transportation funding calculated under divisions (D)(2)	2112
and (3) of this section, and vocational education and associated	2113
services additional weighted costs funding calculated under	2114
divisions (E)(1) and (2) of this section shall not exceed for any	2115
school district the product of three and three-tenths mills times	2116
the district's recognized valuation. The department annually shall	2117
pay each school district as an excess cost supplement any amount	2118
by which the sum of the district's attributed local shares for	2119
that funding exceeds that product. For purposes of calculating the	2120
excess cost supplement:	2121

(1) The attributed local share for special education and	2122
related services additional weighted costs funding is the amount	2123
specified in division (C)(2) of this section.	2124

(2) The attributed local share of transportation funding	2125
equals the difference of the total amount calculated for the	2126
district using the formula developed under division (D)(2) of this	2127
section minus the actual amount paid to the district after	2128
applying the percentage specified in division (D)(3) of this	2129
section.	2130

(3) The attributed local share of vocational education and	2131
associated services additional weighted costs funding is the	2132
amount determined as follows:	2133

(1 - state share percentage) X	2134

[(total vocational education weight X	2135

the formula amount) + the payment under	2136

division (E)(2) of this section]	2137

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	2138
(C) of this section, except as provided in division (A)(2)(h) of	2139
this section, any student enrolled in kindergarten more than half	2140
time shall be reported as one-half student under this section.	2141

(A) The superintendent of each city and exempted village	2142
school district and of each educational service center shall, for	2143
the schools under the superintendent's supervision, certify to the	2144
state board of education on or before the fifteenth day of October	2145
in each year for the first full school week in October the formula	2146
ADM. Beginning in fiscal year 2007, each superintendent also shall	2147
certify to the state board, for the schools under the	2148
superintendent's supervision, the formula ADM for the first full	2149
week in February. If a school under the superintendent's	2150
supervision is closed for one or more days during that week due to	2151
hazardous weather conditions or other circumstances described in	2152
the first paragraph of division (B) of section 3317.01 of the	2153
Revised Code, the superintendent may apply to the superintendent	2154
of public instruction for a waiver, under which the superintendent	2155
of public instruction may exempt the district superintendent from	2156
certifying the formula ADM for that school for that week and	2157
specify an alternate week for certifying the formula ADM of that	2158
school.	2159

The formula ADM shall consist of the average daily membership	2160
during such week of the sum of the following:	2161

(1) On an FTE basis, the number of students in grades	2162
kindergarten through twelve receiving any educational services	2163
from the district, except that the following categories of	2164
students shall not be included in the determination:	2165

(a) Students enrolled in adult education classes;

2166

(b) Adjacent or other district students enrolled in the	2167
district under an open enrollment policy pursuant to section	2168
3313.98 of the Revised Code;	2169

(c) Students receiving services in the district pursuant to a	2170
compact, cooperative education agreement, or a contract, but who	2171
are entitled to attend school in another district pursuant to	2172
section 3313.64 or 3313.65 of the Revised Code;	2173

(d) Students for whom tuition is payable pursuant to sections	2174
3317.081 and 3323.141 of the Revised Code;	2175

(e) Students receiving services in the district through a	2176
scholarship awarded under either section 3310.41 or sections	2177
3310.51 to 3310.64 of the Revised Code.	2178

(2) On an FTE basis, except as provided in division (A)(2)(h)	2179
of this section, the number of students entitled to attend school	2180
in the district pursuant to section 3313.64 or 3313.65 of the	2181
Revised Code, but receiving educational services in grades	2182
kindergarten through twelve from one or more of the following	2183
entities:	2184

(a) A community school pursuant to Chapter 3314. of the	2185
Revised Code, including any participation in a college pursuant to	2186
Chapter 3365. of the Revised Code while enrolled in such community	2187
school;	2188

(b) An alternative school pursuant to sections 3313.974 to	2189
3313.979 of the Revised Code as described in division (I)(2)(a) or	2190
(b) of this section;	2191

(c) A college pursuant to Chapter 3365. of the Revised Code,	2192
except when the student is enrolled in the college while also	2193
enrolled in a community school pursuant to Chapter 3314. or a	2194
science, technology, engineering, and mathematics school	2195
established under Chapter 3326. of the Revised Code;	2196

(d) An adjacent or other school district under an open	2197
enrollment policy adopted pursuant to section 3313.98 of the	2198
Revised Code;	2199

(e) An educational service center or cooperative education	2200
district;	2201

(f) Another school district under a cooperative education	2202
agreement, compact, or contract;	2203

(g) A chartered nonpublic school with a scholarship paid	2204
under section 3310.08 of the Revised Code;	2205

(h) An alternative public provider or a registered private	2206
provider with a scholarship awarded under either section 3310.41	2207
or sections 3310.51 to 3310.64 of the Revised Code. Each such	2208
scholarship student who is enrolled in kindergarten shall be	2209
counted as one full-time-equivalent student.	2210

As used in this section, "alternative public provider" and	2211
"registered private provider" have the same meanings as in section	2212
3310.41 or 3310.51 of the Revised Code, as applicable.	2213

(i) A science, technology, engineering, and mathematics	2214
school established under Chapter 3326. of the Revised Code,	2215
including any participation in a college pursuant to Chapter 3365.	2216
of the Revised Code while enrolled in the school.	2217

(3) Twenty per cent of the number of students enrolled in a	2218
joint vocational school district or under a vocational education	2219
compact, excluding any students entitled to attend school in the	2220
district under section 3313.64 or 3313.65 of the Revised Code who	2221
are enrolled in another school district through an open enrollment	2222
policy as reported under division (A)(2)(d) of this section and	2223
then enroll in a joint vocational school district or under a	2224
vocational education compact;	2225

(4) The number of children with disabilities, other than	2226
preschool children with disabilities, entitled to attend school	2227
in the district pursuant to section 3313.64 or 3313.65 of the	2228
Revised Code who are placed by the district with a county MR/DD	2229
board, minus the number of such children placed with a county	2230
MR/DD board in fiscal year 1998. If this calculation produces a	2231
negative number, the number reported under division (A)(4) of	2232
this section shall be zero.	2233

(5) Beginning in fiscal year 2007, in the case of the report	2234
submitted for the first full week in February, or the alternative	2235
week if specified by the superintendent of public instruction, the	2236
number of students reported under division (A)(1) or (2) of this	2237
section for the first full week of the preceding October but who	2238
since that week have received high school diplomas.	2239

(B) To enable the department of education to obtain the data	2240
needed to complete the calculation of payments pursuant to this	2241
chapter, in addition to the formula ADM, each superintendent shall	2242
report separately the following student counts for the same week	2243
for which formula ADM is certified:	2244

(1) The total average daily membership in regular day classes	2245
included in the report under division (A)(1) or (2) of this	2246
section for kindergarten, and each of grades one through twelve in	2247
schools under the superintendent's supervision;	2248

(2) The number of all preschool children with disabilities	2249
enrolled as of the first day of December in classes in the	2250
district that are eligible for approval under division (B) of	2251
section 3317.05 of the Revised Code and the number of those	2252
classes, which shall be reported not later than the fifteenth day	2253
of December, in accordance with rules adopted under that section;	2254

(3) The number of children entitled to attend school in the	2255
district pursuant to section 3313.64 or 3313.65 of the Revised	2256
Code who are:	2257

(a) Participating in a pilot project scholarship program	2258
established under sections 3313.974 to 3313.979 of the Revised	2259
Code as described in division (I)(2)(a) or (b) of this section;	2260

(b) Enrolled in a college under Chapter 3365. of the Revised	2261
Code, except when the student is enrolled in the college while	2262
also enrolled in a community school pursuant to Chapter 3314. or a	2263
science, technology, engineering, and mathematics school	2264
established under Chapter 3326. of the Revised Code;	2265

(c) Enrolled in an adjacent or other school district under	2266
section 3313.98 of the Revised Code;	2267

(d) Enrolled in a community school established under Chapter	2268
3314. of the Revised Code that is not an internet- or	2269
computer-based community school as defined in section 3314.02 of	2270
the Revised Code, including any participation in a college	2271
pursuant to Chapter 3365. of the Revised Code while enrolled in	2272
such community school;	2273

(e) Enrolled in an internet- or computer-based community	2274
school, as defined in section 3314.02 of the Revised Code,	2275
including any participation in a college pursuant to Chapter 3365.	2276
of the Revised Code while enrolled in the school;	2277

(f) Enrolled in a chartered nonpublic school with a	2278
scholarship paid under section 3310.08 of the Revised Code;	2279

(g) Enrolled in kindergarten through grade twelve in an	2280
alternative public provider or a registered private provider with	2281
a scholarship awarded under either section 3310.41 or sections	2282
3310.51 to 3310.64 of the Revised Code;	2283

(h) Enrolled as a preschool child with a disability in an	2284
alternative public provider or a registered private provider with	2285
a scholarship awarded under section 3310.41 of the Revised Code;	2286

(i) Participating in a program operated by a county MR/DD	2287
board or a state institution;	2288

(j) Enrolled in a science, technology, engineering, and	2289
mathematics school established under Chapter 3326. of the Revised	2290
Code, including any participation in a college pursuant to Chapter	2291
3365. of the Revised Code while enrolled in the school.	2292

(4) The number of pupils enrolled in joint vocational	2293
schools;	2294

(5) The combined average daily membership of children with	2295
disabilities reported under division (A)(1) or (2) of this	2296
section receiving special education services for the category one	2297
disability described in division (A) of section 3317.013 of the	2298
Revised Code, including children attending a special education	2299
program operated by an alternative public provider or a	2300
registered private provider with a scholarship awarded under	2301
sections 3310.51 to 3310.64 of the Revised Code;	2302

(6) The combined average daily membership of children with	2303
disabilities reported under division (A)(1) or (2) of this	2304
section receiving special education services for category two	2305
disabilities described in division (B) of section 3317.013 of the	2306
Revised Code, including children attending a special education	2307
program operated by an alternative public provider or a	2308
registered private provider with a scholarship awarded under	2309
sections 3310.51 to 3310.64 of the Revised Code;	2310

(7) The combined average daily membership of children with	2311
disabilities reported under division (A)(1) or (2) of this	2312
section receiving special education services for category three	2313
disabilities described in division (C) of section 3317.013 of the	2314
Revised Code, including children attending a special education	2315
program operated by an alternative public provider or a	2316
registered private provider with a scholarship awarded under	2317
sections 3310.51 to 3310.64 of the Revised Code;	2318

(8) The combined average daily membership of children with	2319
disabilities reported under division (A)(1) or (2) of this	2320
section receiving special education services for category four	2321
disabilities described in division (D) of section 3317.013 of the	2322
Revised Code, including children attending a special education	2323
program operated by an alternative public provider or a	2324
registered private provider with a scholarship awarded under	2325
sections 3310.51 to 3310.64 of the Revised Code;	2326

(9) The combined average daily membership of children with	2327
disabilities reported under division (A)(1) or (2) of this	2328
section receiving special education services for the category	2329
five disabilities described in division (E) of section 3317.013	2330
of the Revised Code, including children attending a special	2331
education program operated by an alternative public provider or a	2332
registered private provider with a scholarship awarded under	2333
sections 3310.51 to 3310.64 of the Revised Code;	2334

(10) The combined average daily membership of children with	2335
disabilities reported under division (A)(1) or (2) and under	2336
division (B)(3)(h) of this section receiving special education	2337
services for category six disabilities described in division (F)	2338
of section 3317.013 of the Revised Code, including children	2339
attending a special education program operated by an alternative	2340
public provider or a registered private provider with a	2341
scholarship awarded under either section 3310.41 or sections	2342
3310.51 to 3310.64 of the Revised Code;	2343

(11) The average daily membership of pupils reported under	2344
division (A)(1) or (2) of this section enrolled in category one	2345
vocational education programs or classes, described in division	2346
(A) of section 3317.014 of the Revised Code, operated by the	2347
school district or by another district, other than a joint	2348
vocational school district, or by an educational service center,	2349
excluding any student reported under division (B)(3)(e) of this	2350
section as enrolled in an internet- or computer-based community	2351
school, notwithstanding division (C) of section 3317.02 of the	2352
Revised Code and division (C)(3) of this section;	2353

(12) The average daily membership of pupils reported under	2354
division (A)(1) or (2) of this section enrolled in category two	2355
vocational education programs or services, described in division	2356
(B) of section 3317.014 of the Revised Code, operated by the	2357
school district or another school district, other than a joint	2358
vocational school district, or by an educational service center,	2359
excluding any student reported under division (B)(3)(e) of this	2360
section as enrolled in an internet- or computer-based community	2361
school, notwithstanding division (C) of section 3317.02 of the	2362
Revised Code and division (C)(3) of this section;	2363

(13) The average number of children transported by the school	2364
district on board-owned or contractor-owned and -operated buses,	2365
reported in accordance with rules adopted by the department of	2366
education;	2367

(14)(a) The number of children, other than preschool children	2368
with disabilities, the district placed with a county MR/DD board	2369
in fiscal year 1998;	2370

(b) The number of children with disabilities, other than	2371
preschool children with disabilities, placed with a county MR/DD	2372
board in the current fiscal year to receive special education	2373
services for the category one disability described in division	2374
(A) of section 3317.013 of the Revised Code;	2375

(c) The number of children with disabilities, other than	2376
preschool children with disabilities, placed with a county MR/DD	2377
board in the current fiscal year to receive special education	2378
services for category two disabilities described in division (B)	2379
of section 3317.013 of the Revised Code;	2380

(d) The number of children with disabilities, other than	2381
preschool children with disabilities, placed with a county MR/DD	2382
board in the current fiscal year to receive special education	2383
services for category three disabilities described in division	2384
(C) of section 3317.013 of the Revised Code;	2385

(e) The number of children with disabilities, other than	2386
preschool children with disabilities, placed with a county MR/DD	2387
board in the current fiscal year to receive special education	2388
services for category four disabilities described in division (D)	2389
of section 3317.013 of the Revised Code;	2390

(f) The number of children with disabilities, other than	2391
preschool children with disabilities, placed with a county MR/DD	2392
board in the current fiscal year to receive special education	2393
services for the category five disabilities described in division	2394
(E) of section 3317.013 of the Revised Code;	2395

(g) The number of children with disabilities, other than	2396
preschool children with disabilities, placed with a county MR/DD	2397
board in the current fiscal year to receive special education	2398
services for category six disabilities described in division (F)	2399
of section 3317.013 of the Revised Code.	2400

(C)(1) Except as otherwise provided in this section for	2401
kindergarten students, the average daily membership in divisions	2402
(B)(1) to (12) of this section shall be based upon the number of	2403
full-time equivalent students. The state board of education shall	2404
adopt rules defining full-time equivalent students and for	2405
determining the average daily membership therefrom for the	2406
purposes of divisions (A), (B), and (D) of this section.	2407

(2) A student enrolled in a community school established	2408
under Chapter 3314. or a science, technology, engineering, and	2409
mathematics school established under Chapter 3326. of the Revised	2410
Code shall be counted in the formula ADM and, if applicable, the	2411
category one, two, three, four, five, or six special education ADM	2412
of the school district in which the student is entitled to attend	2413
school under section 3313.64 or 3313.65 of the Revised Code for	2414
the same proportion of the school year that the student is counted	2415
in the enrollment of the community school or the science,	2416
technology, engineering, and mathematics school for purposes of	2417
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	2418
the number of students reported pursuant to division (B)(3)(d),	2419
(e), or (j) of this section, the department may adjust the	2420
formula ADM of a school district to account for students entitled	2421
to attend school in the district under section 3313.64 or 3313.65	2422
of the Revised Code who are enrolled in a community school or a	2423
science, technology, engineering, and mathematics school for only	2424
a portion of the school year.	2425

(3) No child shall be counted as more than a total of one	2426
child in the sum of the average daily memberships of a school	2427
district under division (A), divisions (B)(1) to (12), or division	2428
(D) of this section, except as follows:	2429

(a) A child with a disability described in section 3317.013	2430
of the Revised Code may be counted both in formula ADM and in	2431
category one, two, three, four, five, or six special education	2432
ADM and, if applicable, in category one or two vocational	2433
education ADM. As provided in division (C) of section 3317.02 of	2434
the Revised Code, such a child shall be counted in category one,	2435
two, three, four, five, or six special education ADM in the same	2436
proportion that the child is counted in formula ADM.	2437

(b) A child enrolled in vocational education programs or	2438
classes described in section 3317.014 of the Revised Code may be	2439
counted both in formula ADM and category one or two vocational	2440
education ADM and, if applicable, in category one, two, three,	2441
four, five, or six special education ADM. Such a child shall be	2442
counted in category one or two vocational education ADM in the	2443
same proportion as the percentage of time that the child spends in	2444
the vocational education programs or classes.	2445

(4) Based on the information reported under this section, the	2446
department of education shall determine the total student count,	2447
as defined in section 3301.011 of the Revised Code, for each	2448
school district.	2449

(D)(1) The superintendent of each joint vocational school	2450
district shall certify to the superintendent of public instruction	2451
on or before the fifteenth day of October in each year for the	2452
first full school week in October the formula ADM. Beginning in	2453
fiscal year 2007, each superintendent also shall certify to the	2454
state superintendent the formula ADM for the first full week in	2455
February. If a school operated by the joint vocational school	2456
district is closed for one or more days during that week due to	2457
hazardous weather conditions or other circumstances described in	2458
the first paragraph of division (B) of section 3317.01 of the	2459
Revised Code, the superintendent may apply to the superintendent	2460
of public instruction for a waiver, under which the superintendent	2461
of public instruction may exempt the district superintendent from	2462
certifying the formula ADM for that school for that week and	2463
specify an alternate week for certifying the formula ADM of that	2464
school.	2465

The formula ADM, except as otherwise provided in this	2466
division, shall consist of the average daily membership during	2467
such week, on an FTE basis, of the number of students receiving	2468
any educational services from the district, including students	2469
enrolled in a community school established under Chapter 3314. or	2470
a science, technology, engineering, and mathematics school	2471
established under Chapter 3326. of the Revised Code who are	2472
attending the joint vocational district under an agreement	2473
between the district board of education and the governing	2474
authority of the community school or the science, technology,	2475
engineering, and mathematics school and are entitled to attend	2476
school in a city, local, or exempted village school district whose	2477
territory is part of the territory of the joint vocational	2478
district. Beginning in fiscal year 2007, in the case of the	2479
report submitted for the first week in February, or the	2480
alternative week if specified by the superintendent of public	2481
instruction, the superintendent of the joint vocational school	2482
district may include the number of students reported under	2483
division (D)(1) of this section for the first full week of the	2484
preceding October but who since that week have received high	2485
school diplomas.	2486

The following categories of students shall not be included in	2487
the determination made under division (D)(1) of this section:	2488

(a) Students enrolled in adult education classes;

2489

(b) Adjacent or other district joint vocational students	2490
enrolled in the district under an open enrollment policy pursuant	2491
to section 3313.98 of the Revised Code;	2492

(c) Students receiving services in the district pursuant to a	2493
compact, cooperative education agreement, or a contract, but who	2494
are entitled to attend school in a city, local, or exempted	2495
village school district whose territory is not part of the	2496
territory of the joint vocational district;	2497

(d) Students for whom tuition is payable pursuant to sections	2498
3317.081 and 3323.141 of the Revised Code.	2499

(2) To enable the department of education to obtain the data	2500
needed to complete the calculation of payments pursuant to this	2501
chapter, in addition to the formula ADM, each superintendent shall	2502
report separately the average daily membership included in the	2503
report under division (D)(1) of this section for each of the	2504
following categories of students for the same week for which	2505
formula ADM is certified:	2506

(a) Students enrolled in each grade included in the joint	2507
vocational district schools;	2508

(b) Children with disabilities receiving special education	2509
services for the category one disability described in division	2510
(A) of section 3317.013 of the Revised Code;	2511

(c) Children with disabilities receiving special education	2512
services for the category two disabilities described in division	2513
(B) of section 3317.013 of the Revised Code;	2514

(d) Children with disabilities receiving special education	2515
services for category three disabilities described in division (C)	2516
of section 3317.013 of the Revised Code;	2517

(e) Children with disabilities receiving special education	2518
services for category four disabilities described in division (D)	2519
of section 3317.013 of the Revised Code;	2520

(f) Children with disabilities receiving special education	2521
services for the category five disabilities described in division	2522
(E) of section 3317.013 of the Revised Code;	2523

(g) Children with disabilities receiving special education	2524
services for category six disabilities described in division (F)	2525
of section 3317.013 of the Revised Code;	2526

(h) Students receiving category one vocational education	2527
services, described in division (A) of section 3317.014 of the	2528
Revised Code;	2529

(i) Students receiving category two vocational education	2530
services, described in division (B) of section 3317.014 of the	2531
Revised Code.	2532

The superintendent of each joint vocational school district	2533
shall also indicate the city, local, or exempted village school	2534
district in which each joint vocational district pupil is entitled	2535
to attend school pursuant to section 3313.64 or 3313.65 of the	2536
Revised Code.	2537

(E) In each school of each city, local, exempted village,	2538
joint vocational, and cooperative education school district there	2539
shall be maintained a record of school membership, which record	2540
shall accurately show, for each day the school is in session, the	2541
actual membership enrolled in regular day classes. For the purpose	2542
of determining average daily membership, the membership figure of	2543
any school shall not include any pupils except those pupils	2544
described by division (A) of this section. The record of	2545
membership for each school shall be maintained in such manner that	2546
no pupil shall be counted as in membership prior to the actual	2547
date of entry in the school and also in such manner that where for	2548
any cause a pupil permanently withdraws from the school that pupil	2549
shall not be counted as in membership from and after the date of	2550
such withdrawal. There shall not be included in the membership of	2551
any school any of the following:	2552

(1) Any pupil who has graduated from the twelfth grade of a	2553
public or nonpublic high school;	2554

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

2555

(3) Any pupil who was enrolled in the schools of the district	2556
during the previous school year when tests were administered under	2557
section 3301.0711 of the Revised Code but did not take one or more	2558
of the tests required by that section and was not excused pursuant	2559
to division (C)(1) or (3) of that section;	2560

(4) Any pupil who has attained the age of twenty-two years,	2561
except for veterans of the armed services whose attendance was	2562
interrupted before completing the recognized twelve-year course of	2563
the public schools by reason of induction or enlistment in the	2564
armed forces and who apply for reenrollment in the public school	2565
system of their residence not later than four years after	2566
termination of war or their honorable discharge.	2567

If, however, any veteran described by division (E)(4) of this	2568
section elects to enroll in special courses organized for veterans	2569
for whom tuition is paid under the provisions of federal laws, or	2570
otherwise, that veteran shall not be included in average daily	2571
membership.	2572

Notwithstanding division (E)(3) of this section, the	2573
membership of any school may include a pupil who did not take a	2574
test required by section 3301.0711 of the Revised Code if the	2575
superintendent of public instruction grants a waiver from the	2576
requirement to take the test to the specific pupil and a parent is	2577
not paying tuition for the pupil pursuant to section 3313.6410 of	2578
the Revised Code. The superintendent may grant such a waiver only	2579
for good cause in accordance with rules adopted by the state board	2580
of education.	2581

Except as provided in divisions (B)(2) and (F) of this	2582
section, the average daily membership figure of any local, city,	2583
exempted village, or joint vocational school district shall be	2584
determined by dividing the figure representing the sum of the	2585
number of pupils enrolled during each day the school of attendance	2586
is actually open for instruction during the week for which the	2587
formula ADM is being certified by the total number of days the	2588
school was actually open for instruction during that week. For	2589
purposes of state funding, "enrolled" persons are only those	2590
pupils who are attending school, those who have attended school	2591
during the current school year and are absent for authorized	2592
reasons, and those children with disabilities currently receiving	2593
home instruction.	2594

The average daily membership figure of any cooperative	2595
education school district shall be determined in accordance with	2596
rules adopted by the state board of education.	2597

(F)(1) If the formula ADM for the first full school week in	2598
February is at least three per cent greater than that certified	2599
for the first full school week in the preceding October, the	2600
superintendent of schools of any city, exempted village, or joint	2601
vocational school district or educational service center shall	2602
certify such increase to the superintendent of public instruction.	2603
Such certification shall be submitted no later than the fifteenth	2604
day of February. For the balance of the fiscal year, beginning	2605
with the February payments, the superintendent of public	2606
instruction shall use the increased formula ADM in calculating or	2607
recalculating the amounts to be allocated in accordance with	2608
section 3317.022 or 3317.16 of the Revised Code. In no event shall	2609
the superintendent use an increased membership certified to the	2610
superintendent after the fifteenth day of February. Division	2611
(F)(1) of this section does not apply after fiscal year 2006.	2612

(2) If on the first school day of April the total number of	2613
classes or units for preschool children with disabilities that	2614
are eligible for approval under division (B) of section 3317.05	2615
of the Revised Code exceeds the number of units that have been	2616
approved for the year under that division, the superintendent of	2617
schools of any city, exempted village, or cooperative education	2618
school district or educational service center shall make the	2619
certifications required by this section for that day. If the	2620
department determines additional units can be approved for the	2621
fiscal year within any limitations set forth in the acts	2622
appropriating moneys for the funding of such units, the	2623
department shall approve additional units for the fiscal year on	2624
the basis of such average daily membership. For each unit so	2625
approved, the department shall pay an amount computed in the	2626
manner prescribed in section 3317.052 or 3317.19 and section	2627
3317.053 of the Revised Code.	2628

(3) If a student attending a community school under Chapter	2629
3314. or a science, technology, engineering, and mathematics	2630
school established under Chapter 3326. of the Revised Code is not	2631
included in the formula ADM certified for the school district in	2632
which the student is entitled to attend school under section	2633
3313.64 or 3313.65 of the Revised Code, the department of	2634
education shall adjust the formula ADM of that school district to	2635
include the student in accordance with division (C)(2) of this	2636
section, and shall recalculate the school district's payments	2637
under this chapter for the entire fiscal year on the basis of	2638
that adjusted formula ADM. This requirement applies regardless of	2639
whether the student was enrolled, as defined in division (E) of	2640
this section, in the community school or the science,	2641
technology, engineering, and mathematics school during the week	2642
for which the formula ADM is being certified.	2643

(4) If a student awarded an educational choice scholarship is	2644
not included in the formula ADM of the school district from which	2645
the department deducts funds for the scholarship under section	2646
3310.08 of the Revised Code, the department shall adjust the	2647
formula ADM of that school district to include the student to the	2648
extent necessary to account for the deduction, and shall	2649
recalculate the school district's payments under this chapter for	2650
the entire fiscal year on the basis of that adjusted formula ADM.	2651
This requirement applies regardless of whether the student was	2652
enrolled, as defined in division (E) of this section, in the	2653
chartered nonpublic school, the school district, or a community	2654
school during the week for which the formula ADM is being	2655
certified.	2656

(5) If a student awarded a scholarship under the special	2657
education scholarship pilot program is not included in the formula	2658
ADM of the school district from which the department deducts funds	2659
for the scholarship under section 3310.55 of the Revised Code, the	2660
department shall adjust the formula ADM of that school district to	2661
include the student to the extent necessary to account for the	2662
deduction, and shall recalculate the school district's payments	2663
under this chapter for the entire fiscal year on the basis of that	2664
adjusted formula ADM. This requirement applies regardless of	2665
whether the student was enrolled, as defined in division (E) of	2666
this section, in an alternative public provider, a registered	2667
private provider, or the school district during the week for which	2668
the formula ADM is being certified.	2669

(G)(1)(a) The superintendent of an institution operating a	2670
special education program pursuant to section 3323.091 of the	2671
Revised Code shall, for the programs under such superintendent's	2672
supervision, certify to the state board of education, in the	2673
manner prescribed by the superintendent of public instruction,	2674
both of the following:	2675

(i) The average daily membership of all children with	2676
disabilities other than preschool children with disabilities	2677
receiving services at the institution for each category of	2678
disability described in divisions (A) to (F) of section 3317.013	2679
of the Revised Code;	2680

(ii) The average daily membership of all preschool children	2681
with disabilities in classes or programs approved annually by the	2682
department of education for unit funding under section 3317.05 of	2683
the Revised Code.	2684

(b) The superintendent of an institution with vocational	2685
education units approved under division (A) of section 3317.05 of	2686
the Revised Code shall, for the units under the superintendent's	2687
supervision, certify to the state board of education the average	2688
daily membership in those units, in the manner prescribed by the	2689
superintendent of public instruction.	2690

(2) The superintendent of each county MR/DD board that	2691
maintains special education classes under section 3317.20 of the	2692
Revised Code or units approved pursuant to section 3317.05 of the	2693
Revised Code shall do both of the following:	2694

(a) Certify to the state board, in the manner prescribed by	2695
the board, the average daily membership in classes under section	2696
3317.20 of the Revised Code for each school district that has	2697
placed children in the classes;	2698

(b) Certify to the state board, in the manner prescribed by	2699
the board, the number of all preschool children with disabilities	2700
enrolled as of the first day of December in classes eligible for	2701
approval under division (B) of section 3317.05 of the Revised	2702
Code, and the number of those classes.	2703

(3)(a) If on the first school day of April the number of	2704
classes or units maintained for preschool children with	2705
disabilities by the county MR/DD board that are eligible for	2706
approval under division (B) of section 3317.05 of the Revised Code	2707
is greater than the number of units approved for the year under	2708
that division, the superintendent shall make the certification	2709
required by this section for that day.	2710

(b) If the department determines that additional classes or	2711
units can be approved for the fiscal year within any limitations	2712
set forth in the acts appropriating moneys for the funding of the	2713
classes and units described in division (G)(3)(a) of this section,	2714
the department shall approve and fund additional units for the	2715
fiscal year on the basis of such average daily membership. For	2716
each unit so approved, the department shall pay an amount computed	2717
in the manner prescribed in sections 3317.052 and 3317.053 of the	2718
Revised Code.	2719

(H) Except as provided in division (I) of this section, when	2720
any city, local, or exempted village school district provides	2721
instruction for a nonresident pupil whose attendance is	2722
unauthorized attendance as defined in section 3327.06 of the	2723
Revised Code, that pupil's membership shall not be included in	2724
that district's membership figure used in the calculation of that	2725
district's formula ADM or included in the determination of any	2726
unit approved for the district under section 3317.05 of the	2727
Revised Code. The reporting official shall report separately the	2728
average daily membership of all pupils whose attendance in the	2729
district is unauthorized attendance, and the membership of each	2730
such pupil shall be credited to the school district in which the	2731
pupil is entitled to attend school under division (B) of section	2732
3313.64 or section 3313.65 of the Revised Code as determined by	2733
the department of education.	2734

(I)(1) A city, local, exempted village, or joint vocational	2735
school district admitting a scholarship student of a pilot project	2736
district pursuant to division (C) of section 3313.976 of the	2737
Revised Code may count such student in its average daily	2738
membership.	2739

(2) In any year for which funds are appropriated for pilot	2740
project scholarship programs, a school district implementing a	2741
state-sponsored pilot project scholarship program that year	2742
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	2743
count in average daily membership:	2744

(a) All children residing in the district and utilizing a	2745
scholarship to attend kindergarten in any alternative school, as	2746
defined in section 3313.974 of the Revised Code;	2747

(b) All children who were enrolled in the district in the	2748
preceding year who are utilizing a scholarship to attend any such	2749
alternative school.	2750

(J) The superintendent of each cooperative education school	2751
district shall certify to the superintendent of public	2752
instruction, in a manner prescribed by the state board of	2753
education, the applicable average daily memberships for all	2754
students in the cooperative education district, also indicating	2755
the city, local, or exempted village district where each pupil is	2756
entitled to attend school under section 3313.64 or 3313.65 of the	2757
Revised Code.	2758

(K) If the superintendent of public instruction determines	2759
that a component of the formula ADM certified or reported by a	2760
district superintendent, or other reporting entity, is not	2761
correct, the superintendent of public instruction may order that	2762
the formula ADM used for the purposes of payments under any	2763
section of Title XXXIII of the Revised Code be adjusted in the	2764
amount of the error.	2765

Sec. 3323.052.  Not later than January 31, 2011, the	2766
department of education shall develop a document that compares a	2767
parent's and child's rights under this chapter and 20 U.S.C. 1400	2768
et seq. with the parent's and child's rights under the special	2769
education scholarship pilot program, established in sections	2770
3310.51 to 3310.64 of the Revised Code, including the deadline for	2771
application for a scholarship or renewal of a scholarship and	2772
notice of that application to the child's school district,	2773
prescribed in division (C) of section 3310.52 of the Revised Code,	2774
and the provisions of divisions (A) and (B) of section 3310.53 of	2775
the Revised Code. The department shall revise that document as	2776
necessary to reflect any pertinent changes in state or federal	2777
statutory law, rule, or regulation enacted or adopted after the	2778
initial document is developed. The department and each school	2779
district shall ensure that the document prescribed in this section	2780
is included in, appended to, or otherwise distributed in	2781
conjunction with the notice required under 20 U.S.C. 1415(d), and	2782
any provision of the Code of Federal Regulations implementing that	2783
requirement, in the manner and at all the times specified for such	2784
notice in federal law or regulation. As used in this section, a	2785
"child's school district" means the school district in which the	2786
child is entitled to attend school under section 3313.64 or	2787
3313.65 of the Revised Code.	2788

Sec. 4776.01. As used in this chapter:

2789

(A) "License" means any of the following:

2790

(1) An authorization evidenced by a license, certificate,	2791
registration, permit, card, or other authority that is issued or	2792
conferred by a licensing agency described in division (C)(1) of	2793
this section to a licensee or to an applicant for an initial	2794
license by which the licensee or initial license applicant has or	2795
claims the privilege to engage in a profession, occupation, or	2796
occupational activity, or to have control of and operate certain	2797
specific equipment, machinery, or premises, over which the	2798
licensing agency has jurisdiction.	2799

(2) An authorization evidenced by a license or certificate	2800
that is issued by a licensing agency described in division (C)(2)	2801
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	2802
4715.27 of the Revised Code to a licensee or to an applicant for	2803
an initial license by which the licensee or initial license	2804
applicant has or claims the privilege to engage in a profession,	2805
occupation, or occupational activity over which the licensing	2806
agency has jurisdiction.	2807

(B) "Licensee" means the person to whom the license is issued	2808
by a licensing agency.	2809

(C) "Licensing agency" means any of the following:

2810

(1) The board authorized by Chapters 4701., 4717., 4725.,	2811
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	2812
4759., 4760., 4761., 4762., and 4779. of the Revised Code to	2813
issue a license to engage in a specific profession, occupation,	2814
or occupational activity, or to have charge of and operate	2815
certain specified equipment, machinery, or premises.	2816

(2) The state dental board, relative to its authority to	2817
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	2818
4715.27 of the Revised Code.	2819

(D) "Applicant for an initial license" includes persons	2820
seeking a license for the first time and persons seeking a license	2821
by reciprocity, endorsement, or similar manner of a license issued	2822
in another state.	2823

(E) "Applicant for a restored license" includes persons	2824
seeking restoration of a certificate under section 4730.14,	2825
4731.281, 4760.06, or 4762.06 of the Revised Code.	2826

(F) "Criminal records check" has the same meaning as in	2827
division (E)(F) of section 109.572 of the Revised Code.	2828

Sec. 5727.84.  (A) As used in this section and sections	2829
5727.85, 5727.86, and 5727.87 of the Revised Code:	2830

(1) "School district" means a city, local, or exempted	2831
village school district.	2832

(2) "Joint vocational school district" means a joint	2833
vocational school district created under section 3311.16 of the	2834
Revised Code, and includes a cooperative education school district	2835
created under section 3311.52 or 3311.521 of the Revised Code and	2836
a county school financing district created under section 3311.50	2837
of the Revised Code.	2838

(3) "Local taxing unit" means a subdivision or taxing unit,	2839
as defined in section 5705.01 of the Revised Code, a park district	2840
created under Chapter 1545. of the Revised Code, or a township	2841
park district established under section 511.23 of the Revised	2842
Code, but excludes school districts and joint vocational school	2843
districts.	2844

(4) "State education aid," for a school district, means the	2845
sum of state aid amounts computed for the district under	2846
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	2847
3317.022; divisions (B), (C), and (D) of section 3317.023;	2848
divisions (G), (L), and (N) of section 3317.024; and sections	2849
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	2850
3317.053 of the Revised Code; and the adjustments required by:	2851
division (C) of section 3310.08; division (C)(2) of section	2852
3310.41; section 3310.55; division (C) of section 3314.08;	2853
division (D)(2) of section 3314.091; division (D) of section	2854
3314.13; divisions (E), (K), (L), (M), and (N) of section	2855
3317.023; division (C) of section 3317.20; and sections	2856
3313.979 and 3313.981 of the Revised Code. However, when	2857
calculating state education aid for a school district for	2858
fiscal years 2008 and 2009, include the amount computed for	2859
the district under Section 269.20.80 of H.B. 119 of the 127th	2860
general assembly, as subsequently amended, instead of division	2861
(D) of section 3317.022 of the Revised Code; and include	2862
amounts calculated under Section 269.30.80 of this act, as	2863
subsequently amended; and account for adjustments under division	2864
(C)(2) of section 3310.41 of the Revised Code.	2865

(5) "State education aid," for a joint vocational school	2866
district, means the sum of the state aid amounts computed for the	2867
district under division (N) of section 3317.024 and section	2868
3317.16 of the Revised Code. However, when calculating state	2869
education aid for a joint vocational school district for fiscal	2870
years 2008 and 2009, include the amount computed for the district	2871
under Section 269.30.90 of H.B. 119 of the 127th general	2872
assembly, as subsequently amended.	2873

(6) "State education aid offset" means the amount determined	2874
for each school district or joint vocational school district under	2875
division (A)(1) of section 5727.85 of the Revised Code.	2876

(7) "Recognized valuation" has the same meaning as in section	2877
3317.02 of the Revised Code.	2878

(8) "Electric company tax value loss" means the amount	2879
determined under division (D) of this section.	2880

(9) "Natural gas company tax value loss" means the amount	2881
determined under division (E) of this section.	2882

(10) "Tax value loss" means the sum of the electric company	2883
tax value loss and the natural gas company tax value loss.	2884

(11) "Fixed-rate levy" means any tax levied on property other	2885
than a fixed-sum levy.	2886

(12) "Fixed-rate levy loss" means the amount determined under	2887
division (G) of this section.	2888

(13) "Fixed-sum levy" means a tax levied on property at	2889
whatever rate is required to produce a specified amount of tax	2890
money or levied in excess of the ten-mill limitation to pay debt	2891
charges, and includes school district emergency levies imposed	2892
pursuant to section 5705.194 of the Revised Code.	2893

(14) "Fixed-sum levy loss" means the amount determined under	2894
division (H) of this section.	2895

(15) "Consumer price index" means the consumer price index	2896
(all items, all urban consumers) prepared by the bureau of labor	2897
statistics of the United States department of labor.	2898

(B) The kilowatt-hour tax receipts fund is hereby created in	2899
the state treasury and shall consist of money arising from the tax	2900
imposed by section 5727.81 of the Revised Code. All money in the	2901
kilowatt-hour tax receipts fund shall be credited as follows:	2902

(1) Sixty-three per cent shall be credited to the general	2903
revenue fund.	2904

(2) Twenty-five and four-tenths per cent shall be credited to	2905
the school district property tax replacement fund, which is hereby	2906
created in the state treasury for the purpose of making the	2907
payments described in section 5727.85 of the Revised Code.	2908

(3) Eleven and six-tenths per cent shall be credited to the	2909
local government property tax replacement fund, which is hereby	2910
created in the state treasury for the purpose of making the	2911
payments described in section 5727.86 of the Revised Code.	2912

(C) The natural gas tax receipts fund is hereby created in	2913
the state treasury and shall consist of money arising from the tax	2914
imposed by section 5727.811 of the Revised Code. All money in the	2915
fund shall be credited as follows:	2916

(1) Sixty-eight and seven-tenths per cent shall be credited	2917
to the school district property tax replacement fund for the	2918
purpose of making the payments described in section 5727.85 of the	2919
Revised Code.	2920

(2) Thirty-one and three-tenths per cent shall be credited to	2921
the local government property tax replacement fund for the purpose	2922
of making the payments described in section 5727.86 of the Revised	2923
Code.	2924

(D) Not later than January 1, 2002, the tax commissioner	2925
shall determine for each taxing district its electric company tax	2926
value loss, which is the sum of the applicable amounts described	2927
in divisions (D)(1) to (4) of this section:	2928

(1) The difference obtained by subtracting the amount	2929
described in division (D)(1)(b) from the amount described in	2930
division (D)(1)(a) of this section.	2931

(a) The value of electric company and rural electric company	2932
tangible personal property as assessed by the tax commissioner for	2933
tax year 1998 on a preliminary assessment, or an amended	2934
preliminary assessment if issued prior to March 1, 1999, and as	2935
apportioned to the taxing district for tax year 1998;	2936

(b) The value of electric company and rural electric company	2937
tangible personal property as assessed by the tax commissioner for	2938
tax year 1998 had the property been apportioned to the taxing	2939
district for tax year 2001, and assessed at the rates in effect	2940
for tax year 2001.	2941

(2) The difference obtained by subtracting the amount	2942
described in division (D)(2)(b) from the amount described in	2943
division (D)(2)(a) of this section.	2944

(a) The three-year average for tax years 1996, 1997, and 1998	2945
of the assessed value from nuclear fuel materials and assemblies	2946
assessed against a person under Chapter 5711. of the Revised Code	2947
from the leasing of them to an electric company for those	2948
respective tax years, as reflected in the preliminary assessments;	2949

(b) The three-year average assessed value from nuclear fuel	2950
materials and assemblies assessed under division (D)(2)(a) of this	2951
section for tax years 1996, 1997, and 1998, as reflected in the	2952
preliminary assessments, using an assessment rate of twenty-five	2953
per cent.	2954

(3) In the case of a taxing district having a nuclear power	2955
plant within its territory, any amount, resulting in an electric	2956
company tax value loss, obtained by subtracting the amount	2957
described in division (D)(1) of this section from the difference	2958
obtained by subtracting the amount described in division (D)(3)(b)	2959
of this section from the amount described in division (D)(3)(a) of	2960
this section.	2961

(a) The value of electric company tangible personal property	2962
as assessed by the tax commissioner for tax year 2000 on a	2963
preliminary assessment, or an amended preliminary assessment if	2964
issued prior to March 1, 2001, and as apportioned to the taxing	2965
district for tax year 2000;	2966

(b) The value of electric company tangible personal property	2967
as assessed by the tax commissioner for tax year 2001 on a	2968
preliminary assessment, or an amended preliminary assessment if	2969
issued prior to March 1, 2002, and as apportioned to the taxing	2970
district for tax year 2001.	2971

(4) In the case of a taxing district having a nuclear power	2972
plant within its territory, the difference obtained by subtracting	2973
the amount described in division (D)(4)(b) of this section from	2974
the amount described in division (D)(4)(a) of this section,	2975
provided that such difference is greater than ten per cent of the	2976
amount described in division (D)(4)(a) of this section.	2977

(a) The value of electric company tangible personal property	2978
as assessed by the tax commissioner for tax year 2005 on a	2979
preliminary assessment, or an amended preliminary assessment if	2980
issued prior to March 1, 2006, and as apportioned to the taxing	2981
district for tax year 2005;	2982

(b) The value of electric company tangible personal property	2983
as assessed by the tax commissioner for tax year 2006 on a	2984
preliminary assessment, or an amended preliminary assessment if	2985
issued prior to March 1, 2007, and as apportioned to the taxing	2986
district for tax year 2006.	2987

(E) Not later than January 1, 2002, the tax commissioner	2988
shall determine for each taxing district its natural gas company	2989
tax value loss, which is the sum of the amounts described in	2990
divisions (E)(1) and (2) of this section:	2991

(1) The difference obtained by subtracting the amount	2992
described in division (E)(1)(b) from the amount described in	2993
division (E)(1)(a) of this section.	2994

(a) The value of all natural gas company tangible personal	2995
property, other than property described in division (E)(2) of this	2996
section, as assessed by the tax commissioner for tax year 1999 on	2997
a preliminary assessment, or an amended preliminary assessment if	2998
issued prior to March 1, 2000, and apportioned to the taxing	2999
district for tax year 1999;	3000

(b) The value of all natural gas company tangible personal	3001
property, other than property described in division (E)(2) of this	3002
section, as assessed by the tax commissioner for tax year 1999 had	3003
the property been apportioned to the taxing district for tax year	3004
2001, and assessed at the rates in effect for tax year 2001.	3005

(2) The difference in the value of current gas obtained by	3006
subtracting the amount described in division (E)(2)(b) from the	3007
amount described in division (E)(2)(a) of this section.	3008

(a) The three-year average assessed value of current gas as	3009
assessed by the tax commissioner for tax years 1997, 1998, and	3010
1999 on a preliminary assessment, or an amended preliminary	3011
assessment if issued prior to March 1, 2001, and as apportioned in	3012
the taxing district for those respective years;	3013

(b) The three-year average assessed value from current gas	3014
under division (E)(2)(a) of this section for tax years 1997, 1998,	3015
and 1999, as reflected in the preliminary assessment, using an	3016
assessment rate of twenty-five per cent.	3017

(F) The tax commissioner may request that natural gas	3018
companies, electric companies, and rural electric companies file a	3019
report to help determine the tax value loss under divisions (D)	3020
and (E) of this section. The report shall be filed within thirty	3021
days of the commissioner's request. A company that fails to file	3022
the report or does not timely file the report is subject to the	3023
penalty in section 5727.60 of the Revised Code.	3024

(G) Not later than January 1, 2002, the tax commissioner	3025
shall determine for each school district, joint vocational school	3026
district, and local taxing unit its fixed-rate levy loss, which is	3027
the sum of its electric company tax value loss multiplied by the	3028
tax rate in effect in tax year 1998 for fixed-rate levies and its	3029
natural gas company tax value loss multiplied by the tax rate in	3030
effect in tax year 1999 for fixed-rate levies.	3031

(H) Not later than January 1, 2002, the tax commissioner	3032
shall determine for each school district, joint vocational school	3033
district, and local taxing unit its fixed-sum levy loss, which is	3034
the amount obtained by subtracting the amount described in	3035
division (H)(2) of this section from the amount described in	3036
division (H)(1) of this section:	3037

(1) The sum of the electric company tax value loss multiplied	3038
by the tax rate in effect in tax year 1998, and the natural gas	3039
company tax value loss multiplied by the tax rate in effect in tax	3040
year 1999, for fixed-sum levies for all taxing districts within	3041
each school district, joint vocational school district, and local	3042
taxing unit. For the years 2002 through 2006, this computation	3043
shall include school district emergency levies that existed in	3044
1998 in the case of the electric company tax value loss, and 1999	3045
in the case of the natural gas company tax value loss, and all	3046
other fixed-sum levies that existed in 1998 in the case of the	3047
electric company tax value loss and 1999 in the case of the	3048
natural gas company tax value loss and continue to be charged in	3049
the tax year preceding the distribution year. For the years 2007	3050
through 2016 in the case of school district emergency levies, and	3051
for all years after 2006 in the case of all other fixed-sum	3052
levies, this computation shall exclude all fixed-sum levies that	3053
existed in 1998 in the case of the electric company tax value loss	3054
and 1999 in the case of the natural gas company tax value loss,	3055
but are no longer in effect in the tax year preceding the	3056
distribution year. For the purposes of this section, an emergency	3057
levy that existed in 1998 in the case of the electric company tax	3058
value loss, and 1999 in the case of the natural gas company tax	3059
value loss, continues to exist in a year beginning on or after	3060
January 1, 2007, but before January 1, 2017, if, in that year, the	3061
board of education levies a school district emergency levy for an	3062
annual sum at least equal to the annual sum levied by the board in	3063
tax year 1998 or 1999, respectively, less the amount of the	3064
payment certified under this division for 2002.	3065

(2) The total taxable value in tax year 1999 less the tax	3066
value loss in each school district, joint vocational school	3067
district, and local taxing unit multiplied by one-fourth of one	3068
mill.	3069

If the amount computed under division (H) of this section for	3070
any school district, joint vocational school district, or local	3071
taxing unit is greater than zero, that amount shall equal the	3072
fixed-sum levy loss reimbursed pursuant to division (E) of section	3073
5727.85 of the Revised Code or division (A)(2) of section 5727.86	3074
of the Revised Code, and the one-fourth of one mill that is	3075
subtracted under division (H)(2) of this section shall be	3076
apportioned among all contributing fixed-sum levies in the	3077
proportion of each levy to the sum of all fixed-sum levies within	3078
each school district, joint vocational school district, or local	3079
taxing unit.	3080

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	3081
section, in computing the tax value loss, fixed-rate levy loss,	3082
and fixed-sum levy loss, the tax commissioner shall use the	3083
greater of the 1998 tax rate or the 1999 tax rate in the case of	3084
levy losses associated with the electric company tax value loss,	3085
but the 1999 tax rate shall not include for this purpose any tax	3086
levy approved by the voters after June 30, 1999, and the tax	3087
commissioner shall use the greater of the 1999 or the 2000 tax	3088
rate in the case of levy losses associated with the natural gas	3089
company tax value loss.	3090

(J) Not later than January 1, 2002, the tax commissioner	3091
shall certify to the department of education the tax value loss	3092
determined under divisions (D) and (E) of this section for each	3093
taxing district, the fixed-rate levy loss calculated under	3094
division (G) of this section, and the fixed-sum levy loss	3095
calculated under division (H) of this section. The calculations	3096
under divisions (G) and (H) of this section shall separately	3097
display the levy loss for each levy eligible for reimbursement.	3098

(K) Not later than September 1, 2001, the tax commissioner	3099
shall certify the amount of the fixed-sum levy loss to the county	3100
auditor of each county in which a school district with a fixed-sum	3101
levy loss has territory.	3102

Section 2. That existing sections 109.57, 109.572, 3301.0714,	3103
3317.022, 3317.03, 4776.01, and 5727.84 of the Revised Code are	3104
hereby repealed.	3105

Section 3. The State Board of Education shall initiate	3106
rulemaking procedures for the rules for the Special Education	3107
Scholarship Pilot Program, required under section 3310.64 of the	3108
Revised Code, as enacted by this act, so that those rules are in	3109
effect by January 31, 2011.	3110

Section 4.  The Department of Education shall conduct a	3111
formative evaluation of the Special Education Scholarship Pilot	3112
Program established under sections 3310.51 to 3310.64 of the	3113
Revised Code, using both quantitative and qualitative analyses,	3114
and shall report its findings to the General Assembly not later	3115
than December 31, 2013. In conducting the evaluation, the	3116
Department shall to the extent possible gather comments from	3117
parents who have been awarded scholarships under the program,	3118
school district officials, representatives of registered private	3119
providers, educators, and representatives of educational	3120
organizations for inclusion in the report required under this	3121
section.	3122

Section 5.  Section 109.57 of the Revised Code is presented	3123
in this act as a composite of the section as amended by both Sub.	3124
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly. The	3125
General Assembly, applying the principle stated in division (B) of	3126
section 1.52 of the Revised Code that amendments are to be	3127
harmonized if reasonably capable of simultaneous operation, finds	3128
that the composite is the resulting version of the section in	3129
effect prior to the effective date of the section as presented in	3130
this act.	3131

Section 6.  Section 109.572 of the Revised Code is presented	3132
in this act as a composite of the section as amended by Sub. H.B.	3133
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	3134
Assembly. The General Assembly, applying the principle stated in	3135
division (B) of section 1.52 of the Revised Code that amendments	3136
are to be harmonized if reasonably capable of simultaneous	3137
operation, finds that the composite is the resulting version of	3138
the section in effect prior to the effective date of the section	3139
as presented in this act.	3140