Bill Title: And to repeal Section 265.70.70 of Am. Sub. H.B. 1 of the 128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th General Assembly to eliminate the requirement that school districts offer all-day kindergarten and to allow public schools to continue charging tuition for all-day kindergarten.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Engrossed - Dead) 2011-03-09 - Passed 3rd Consideration House
[SB9 Detail]Download: Ohio-2011-SB9-Engrossed.html
As Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Bacon, Beagle, Cates, Grendell, Jones, Jordan, Patton, Schaffer, Seitz, Wagoner, Lehner, Widener, Hite, Daniels
A BILL
| To amend sections 3306.01, 3321.01, and 3321.05 of | 1 |
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the Revised Code and to repeal Section 265.70.70 | 2 |
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of Am. Sub. H.B. 1 of the 128th General Assembly | 3 |
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and Section 9 of Sub. H.B. 318 of the 128th | 4 |
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General Assembly to eliminate the requirement that | 5 |
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school districts offer all-day kindergarten and to | 6 |
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allow public schools to continue charging tuition | 7 |
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for all-day kindergarten. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3306.01, 3321.01, and 3321.05 of the | 9 |
Revised Code be amended to read as follows: | 10 |
Sec. 3306.01. This chapter shall be administered by the | 11 |
state board of education. The superintendent of public instruction | 12 |
shall calculate the amounts payable to each school district and | 13 |
shall certify the amounts payable to each eligible district to the | 14 |
treasurer of the district as determined under this chapter. As | 15 |
soon as possible after such amounts are calculated, the | 16 |
superintendent shall certify to the treasurer of each school | 17 |
district the district's adjusted charge-off increase, as defined | 18 |
in section 5705.211 of the Revised Code. No moneys shall be | 19 |
distributed pursuant to this chapter without the approval of the | 20 |
controlling board. | 21 |
The state board of education shall, in accordance with | 22 |
appropriations made by the general assembly, meet the financial | 23 |
obligations of this chapter. | 24 |
Annually, the department of education shall calculate and | 25 |
report to each school district the district's adequacy amount | 26 |
utilizing the calculations in sections 3306.03 and 3306.13 of the | 27 |
Revised Code. The department shall calculate and report separately | 28 |
for each school district the district's total state and local | 29 |
funds for its students with disabilities, utilizing the | 30 |
calculations in sections 3306.05, 3306.11, and 3306.13 of the | 31 |
Revised Code. The department shall calculate and report separately | 32 |
for each school district the amount of funding calculated for each | 33 |
factor of the district's adequacy amount. | 34 |
Not later than the thirty-first day of August of each fiscal | 35 |
year, the department of education shall provide to each school | 36 |
district a preliminary estimate of the amount of funding that the | 37 |
department calculates the district will receive under section | 38 |
3306.13 of the Revised Code. Not later than the first day of | 39 |
December of each fiscal year, the department shall update that | 40 |
preliminary estimate. | 41 |
Moneys distributed pursuant to this chapter shall be | 42 |
calculated and paid on a fiscal year basis, beginning with the | 43 |
first day of July and extending through the thirtieth day of June. | 44 |
Unless otherwise provided, the moneys appropriated for each fiscal | 45 |
year shall be distributed at least monthly to each school | 46 |
district. The state board shall submit a yearly distribution plan | 47 |
to the controlling board at its first meeting in July. The state | 48 |
board shall submit any proposed midyear revision of the plan to | 49 |
the controlling board in January. Any year-end revision of the | 50 |
plan shall be submitted to the controlling board in June. If | 51 |
moneys appropriated for each fiscal year are distributed other | 52 |
than monthly, such distribution shall be on the same basis for | 53 |
each school district. | 54 |
The total amounts paid each month shall constitute, as nearly | 55 |
as possible, one-twelfth of the total amount payable for the | 56 |
entire year. | 57 |
Payments shall be calculated to reflect the reporting of | 58 |
formula ADM. Annualized periodic payments for each school district | 59 |
shall be based on the district's final student counts verified by | 60 |
the superintendent of public instruction based on reports under | 61 |
section 3317.03 of the Revised Code, as adjusted, if so ordered, | 62 |
under division (K) of that section. | 63 |
(A) Except as otherwise provided, payments under this chapter | 64 |
shall be made only to those school districts that comply with | 65 |
divisions (A)(1) to (3) of this section. | 66 |
(1) Each city, exempted village, and local school district | 67 |
shall levy for current operating expenses at least twenty mills. | 68 |
Levies for joint vocational or cooperative education school | 69 |
districts or county school financing districts, limited to or to | 70 |
the extent apportioned to current expenses, shall be included in | 71 |
this qualification requirement. School district income tax levies | 72 |
under Chapter 5748. of the Revised Code, limited to or to the | 73 |
extent apportioned to current operating expenses, shall be | 74 |
included in this qualification requirement to the extent | 75 |
determined by the tax commissioner under division (D) of section | 76 |
3317.021 of the Revised Code. | 77 |
(2) Each city, exempted village, local, and joint vocational | 78 |
school district, during the school year next preceding the fiscal | 79 |
year for which payments are calculated under this chapter, shall | 80 |
meet the requirement of section 3313.48 or 3313.481 of the Revised | 81 |
Code, with regard to the minimum number of days or hours school | 82 |
must be open for instruction with pupils in attendance, for | 83 |
individualized parent-teacher conference and reporting periods, | 84 |
and for professional meetings of teachers. The superintendent of | 85 |
public instruction shall waive a number of days in accordance with | 86 |
section 3317.01 of the Revised Code on which it had been necessary | 87 |
for a school to be closed because of disease epidemic, hazardous | 88 |
weather conditions, inoperability of school buses or other | 89 |
equipment necessary to the school's operation, damage to a school | 90 |
building, or other temporary circumstances due to utility failure | 91 |
rendering the school building unfit for school use. | 92 |
A school district shall not be considered to have failed to | 93 |
comply with this division or section 3313.481 of the Revised Code | 94 |
because schools were open for instruction but either twelfth grade | 95 |
students were excused from attendance for up to three days or only | 96 |
a portion of the kindergarten students were in attendance for up | 97 |
to three days in order to allow for the gradual orientation to | 98 |
school of such students. | 99 |
The superintendent of public instruction shall waive the | 100 |
requirements of this section with reference to the minimum number | 101 |
of days or hours a school must be open for instruction with pupils | 102 |
in attendance for the school year succeeding the school year in | 103 |
which a board of education initiates a plan of operation pursuant | 104 |
to section 3313.481 of the Revised Code. The minimum requirements | 105 |
of this section shall again be applicable to the district | 106 |
beginning with the school year commencing the second July | 107 |
succeeding the initiation of the plan, and for each school year | 108 |
thereafter. | 109 |
A school district shall not be considered to have failed to | 110 |
comply with this division or section 3313.48 or 3313.481 of the | 111 |
Revised Code because schools were open for instruction but the | 112 |
length of the regularly scheduled learning day, for any number of | 113 |
days during the school year, was reduced by not more than two | 114 |
hours due to hazardous weather conditions. | 115 |
(3) Each city, exempted village, local, and joint vocational | 116 |
school district shall have on file, and shall pay in accordance | 117 |
with, a teachers' salary schedule which complies with section | 118 |
3317.13 of the Revised Code. | 119 |
(B) A school district board of education or educational | 120 |
service center governing board that has not conformed with other | 121 |
law, and the rules pursuant thereto, shall not participate in the | 122 |
distribution of funds authorized by this chapter, except for good | 123 |
and sufficient reason established to the satisfaction of the state | 124 |
board of education and the state controlling board. | 125 |
(C) All funds allocated to school districts under this | 126 |
chapter, except those specifically allocated for other purposes, | 127 |
shall be used only to pay current operating expenses or for either | 128 |
of the following purposes: | 129 |
(1) The modification or purchase of classroom space to | 130 |
provide all-day kindergarten as required by section 3321.05 of the | 131 |
Revised Code, provided the district certifies its shortage of | 132 |
space for providing all-day kindergarten to the department of | 133 |
education, in a manner specified by the department; | 134 |
(2) Thethe modification or purchase of classroom space to | 135 |
reduce class sizes in grades kindergarten through three to attain | 136 |
the goal of fifteen students per core teacher, provided the | 137 |
district certifies its need for additional classroom space to the | 138 |
department, in a manner specified by the department. | 139 |
(D) On or before the last day of each month, the department | 140 |
of education shall certify to the director of budget and | 141 |
management for payment, for each county: | 142 |
(1)(a) That portion of the allocation of money under section | 143 |
3306.13 of the Revised Code that is required to be paid in that | 144 |
month to each school district located wholly within the county | 145 |
subsequent to the deductions described in division (D)(1)(b) of | 146 |
this section; | 147 |
(b) The amounts deducted from such allocation under sections | 148 |
3307.31 and 3309.51 of the Revised Code for payment directly to | 149 |
the school employees and state teachers retirement systems under | 150 |
such sections. | 151 |
(2) If the district is located in more than one county, an | 152 |
apportionment of the amounts that would otherwise be certified | 153 |
under division (D)(1) of this section. The amounts apportioned to | 154 |
the county shall equal the amounts certified under division (D)(1) | 155 |
of this section times the percentage of the district's resident | 156 |
pupils who reside both in the district and in the county, based on | 157 |
the average daily membership reported under division (A) of | 158 |
section 3317.03 of the Revised Code in October of the prior fiscal | 159 |
year. | 160 |
Sec. 3321.01. (A)(1) As used in this chapter, "parent," | 161 |
"guardian," or "other person having charge or care of a child" | 162 |
means either parent unless the parents are separated or divorced | 163 |
or their marriage has been dissolved or annulled, in which case | 164 |
"parent" means the parent who is the residential parent and legal | 165 |
custodian of the child. If the child is in the legal or permanent | 166 |
custody of a person or government agency, "parent" means that | 167 |
person or government agency. When a child is a resident of a home, | 168 |
as defined in section 3313.64 of the Revised Code, and the child's | 169 |
parent is not a resident of this state, "parent," "guardian," or | 170 |
"other person having charge or care of a child" means the head of | 171 |
the home. | 172 |
A child between six and eighteen years of age is "of | 173 |
compulsory school age" for the purpose of sections 3321.01 to | 174 |
3321.13 of the Revised Code. A child under six years of age who | 175 |
has been enrolled in kindergarten also shall be considered "of | 176 |
compulsory school age" for the purpose of sections 3321.01 to | 177 |
3321.13 of the Revised Code unless at any time the child's parent | 178 |
or guardian, at the parent's or guardian's discretion and in | 179 |
consultation with the child's teacher and principal, formally | 180 |
withdraws the child from kindergarten. The compulsory school age | 181 |
of a child shall not commence until the beginning of the term of | 182 |
such schools, or other time in the school year fixed by the rules | 183 |
of the board of the district in which the child resides. | 184 |
(2) No child shall be admitted to a kindergarten or a first | 185 |
grade of a public school in a district in which all children are | 186 |
admitted to kindergarten and the first grade in August or | 187 |
September unless the child is five or six years of age, | 188 |
respectively, by the thirtieth day of September of the year of | 189 |
admittance, or by the first day of a term or semester other than | 190 |
one beginning in August or September in school districts granting | 191 |
admittance at the beginning of such term or semester, except that | 192 |
in those school districts using or obtaining educationally | 193 |
accepted standardized testing programs for determining entrance, | 194 |
as approved by the board of education of such districts, the board | 195 |
shall admit a child to kindergarten or the first grade who fails | 196 |
to meet the age requirement, provided the child meets necessary | 197 |
standards as determined by such standardized testing programs. If | 198 |
the board of education has not established a standardized testing | 199 |
program, the board shall designate the necessary standards and a | 200 |
testing program it will accept for the purpose of admitting a | 201 |
child to kindergarten or first grade who fails to meet the age | 202 |
requirement. Each child who will be the proper age for entrance to | 203 |
kindergarten or first grade by the first day of January of the | 204 |
school year for which admission is requested shall be so tested | 205 |
upon the request of the child's parent. | 206 |
(3) Notwithstanding divisions (A)(2) and (D) of this section, | 207 |
beginning with the school year that starts in 2001 and continuing | 208 |
thereafter the board of education of any district may adopt a | 209 |
resolution establishing the first day of August in lieu of the | 210 |
thirtieth day of September as the required date by which students | 211 |
must have attained the age specified in those divisions. | 212 |
(B) As used in divisions (C) and (D) of this section, | 213 |
"successfully completed kindergarten" and "successful completion | 214 |
of kindergarten" mean that the child has completed the | 215 |
kindergarten requirements at one of the following: | 216 |
(1) A public or chartered nonpublic school; | 217 |
(2) A kindergarten class that is both of the following: | 218 |
(a) Offered by a day-care provider licensed under Chapter | 219 |
5104. of the Revised Code; | 220 |
(b) If offered after July 1, 1991, is directly taught by a | 221 |
teacher who holds one of the following: | 222 |
(i) A valid educator license issued under section 3319.22 of | 223 |
the Revised Code; | 224 |
(ii) A Montessori preprimary credential or age-appropriate | 225 |
diploma granted by the American Montessori society or the | 226 |
association Montessori internationale; | 227 |
(iii) Certification determined under division (G) of this | 228 |
section to be equivalent to that described in division | 229 |
(B)(2)(b)(ii) of this section; | 230 |
(iv) Certification for teachers in nontax-supported schools | 231 |
pursuant to section 3301.071 of the Revised Code. | 232 |
(C) Except as provided in division (D) of this section, no | 233 |
school district shall admit to the first grade any child who has | 234 |
not successfully completed kindergarten. | 235 |
(D) Upon request of a parent, the requirement of division (C) | 236 |
of this section may be waived by the district's pupil personnel | 237 |
services committee in the case of a child who is at least six | 238 |
years of age by the thirtieth day of September of the year of | 239 |
admittance and who demonstrates to the satisfaction of the | 240 |
committee the possession of the social, emotional, and cognitive | 241 |
skills necessary for first grade. | 242 |
The board of education of each city, local, and exempted | 243 |
village school district shall establish a pupil personnel services | 244 |
committee. The committee shall be composed of all of the following | 245 |
to the extent such personnel are either employed by the district | 246 |
or employed by the governing board of the educational service | 247 |
center within whose territory the district is located and the | 248 |
educational service center generally furnishes the services of | 249 |
such personnel to the district: | 250 |
(1) The director of pupil personnel services; | 251 |
(2) An elementary school counselor; | 252 |
(3) An elementary school principal; | 253 |
(4) A school psychologist; | 254 |
(5) A teacher assigned to teach first grade; | 255 |
(6) A gifted coordinator. | 256 |
The responsibilities of the pupil personnel services | 257 |
committee shall be limited to the issuing of waivers allowing | 258 |
admittance to the first grade without the successful completion of | 259 |
kindergarten. The committee shall have no other authority except | 260 |
as specified in this section. | 261 |
(E) The scheduling of times for kindergarten classes and | 262 |
length of the school day for kindergarten shall be determined by | 263 |
the board of education of a city, exempted village, or local | 264 |
school district, subject to section 3321.05 of the Revised Code. | 265 |
(F) Any kindergarten class offered by a day-care provider or | 266 |
school described by division (B)(1) or (B)(2)(a) of this section | 267 |
shall be developmentally appropriate. | 268 |
(G) Upon written request of a day-care provider described by | 269 |
division (B)(2)(a) of this section, the department of education | 270 |
shall determine whether certification held by a teacher employed | 271 |
by the provider meets the requirement of division (B)(2)(b)(iii) | 272 |
of this section and, if so, shall furnish the provider a statement | 273 |
to that effect. | 274 |
(H) As used in this division, "all-day kindergarten" has the | 275 |
same meaning as in section 3321.05 of the Revised Code. | 276 |
(1) Any school district that did not receive for fiscal year | 277 |
2009 poverty-based assistance for all-day kindergarten under | 278 |
division (D) of section 3317.029 of the Revised Code may charge | 279 |
fees or tuition for students enrolled in all-day kindergarten. If | 280 |
a district charges fees or tuition for all-day kindergarten under | 281 |
this division, the district shall develop a sliding fee scale | 282 |
based on family incomes. | 283 |
(2) The department of education shall conduct an annual | 284 |
survey of each school district described in division (H)(1) of | 285 |
this section to determine the following: | 286 |
(1)(a) Whether the district charges fees or tuition for | 287 |
students enrolled in all-day kindergarten; | 288 |
(b) The amount of the fees or tuition charged; | 289 |
(c) How many of the students for whom tuition is charged are | 290 |
eligible for free lunches under the "National School Lunch Act," | 291 |
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child | 292 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, | 293 |
and how many of the students for whom tuition is charged are | 294 |
eligible for reduced price lunches under those acts; | 295 |
(2)(d) How many students are enrolled in traditional half-day | 296 |
kindergarten
and how many students are enrolled inrather than | 297 |
all-day kindergarten, as defined in section 3321.05 of the Revised | 298 |
Code. | 299 |
Each district shall report to the department, in the manner | 300 |
prescribed by the department, the information required by this | 301 |
divisiondescribed in divisions (H)(2)(a) to (d) of this section. | 302 |
The department shall issue an annual report on the results of | 303 |
the survey and shall post the report on its web site. The | 304 |
department shall issue the first report not later than April 30, | 305 |
2008, and shall issue a report not later than the thirtieth day of | 306 |
April each year thereafter. | 307 |
Sec. 3321.05. (A) As used in this section, "all-day | 308 |
kindergarten" means a kindergarten class that is in session five | 309 |
days per week for not less than the same number of clock hours | 310 |
each day as for students in grades one through six. | 311 |
(B) Any school district may operate all-day kindergarten or | 312 |
extended kindergarten, but beginning in fiscal year 2011, each | 313 |
city, local, and exempted village school district shall provide | 314 |
all-day kindergarten to each student enrolled in kindergarten, | 315 |
except as specified in divisions (C) and (D) of this section. | 316 |
(C) The board of education of a school district may apply to | 317 |
the superintendent of public instruction for a waiver of the | 318 |
requirement to provide all-day kindergarten for all kindergarten | 319 |
students. In making the determination to grant or deny the waiver, | 320 |
the state superintendent may consider space concerns or | 321 |
alternative delivery approaches used by the school district. | 322 |
(D) Nono district shall require any student to attend | 323 |
kindergarten for more than one-half of the number of clock hours | 324 |
required each day for grades one through sixtraditional | 325 |
kindergarten by the minimum standards adopted under division (D) | 326 |
of section 3301.07 of the Revised Code. Each school district that | 327 |
operates all-day or extended kindergarten shall accommodate | 328 |
kindergarten students whose parents or guardians elect to enroll | 329 |
them for
one-half of the minimum number of hours required each | 330 |
day for grades one through six. | 331 |
(E) A school district may use space in child day-care centers | 332 |
licensed under Chapter 5104. of the Revised Code to provide | 333 |
all-day kindergarten under this section. | 334 |
Section 2. That existing sections 3306.01, 3321.01, and | 335 |
3321.05 of the Revised Code are hereby repealed. | 336 |
Section 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the | 337 |
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th | 338 |
General Assembly are hereby repealed. | 339 |
Section 4. Sections 1, 2, and 3 of this act take effect on | 340 |
the later of July 1, 2011, or the earliest date permitted by law. | 341 |