As Passed by the Senate
135th General Assembly
Regular Session Sub. S. B. No. 1
2023-2024
Senator Reineke
Cosponsors: Senators Cirino, Gavarone, Brenner, McColley, Romanchuk, Lang, Wilson, Reynolds, Antani, Schuring, Huffman, S., Hoagland, O'Brien, Rulli, Schaffer
A BILL
To amend sections 5.224, 5.281, 9.231, 9.55, 102.02, 109.57, 109.572, 109.64, 109.65, 109.71, 109.72, 109.746, 113.73, 117.46, 121.02, 121.03, 121.35, 121.37, 121.40, 121.95, 124.15, 124.382, 124.384, 125.05, 125.13, 133.06, 133.061, 135.142, 149.331, 175.30, 197.04, 319.301, 901.71, 921.06, 2151.011, 2151.353, 2151.357, 2151.362, 2305.111, 2901.01, 2903.13, 2907.03, 2917.31, 2917.46, 2923.122, 2925.01, 2950.11, 2953.34, 3301.01, 3301.07, 3301.071, 3301.072, 3301.075, 3301.076, 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0713, 3301.0714, 3301.0715, 3301.0716, 3301.0717, 3301.0718, 3301.0719, 3301.0720, 3301.0721, 3301.0723, 3301.0725, 3301.0726, 3301.0728, 3301.0730, 3301.10, 3301.11, 3301.12, 3301.121, 3301.131, 3301.133, 3301.134, 3301.135, 3301.136, 3301.14, 3301.15, 3301.16, 3301.162, 3301.163, 3301.18, 3301.19, 3301.22, 3301.221, 3301.23, 3301.27, 3301.28, 3301.30, 3301.311, 3301.40, 3301.45, 3301.49, 3301.52, 3301.521, 3301.53, 3301.54, 3301.541, 3301.55, 3301.56, 3301.57, 3301.58, 3301.59, 3301.61, 3301.62, 3301.63, 3301.64, 3301.68, 3301.70, 3301.80, 3301.81, 3301.923, 3301.94, 3301.941, 3301.948, 3302.01, 3302.02, 3302.021, 3302.03, 3302.031, 3302.032, 3302.033, 3302.034, 3302.035, 3302.036, 3302.037, 3302.038, 3302.039, 3302.04, 3302.041, 3302.042, 3302.043, 3302.05, 3302.06, 3302.062, 3302.063, 3302.066, 3302.068, 3302.07, 3302.09, 3302.10, 3302.103, 3302.11, 3302.12, 3302.13, 3302.14, 3302.15, 3302.151, 3302.17, 3302.20, 3302.21, 3302.22, 3302.25, 3302.26, 3302.41, 3302.42, 3303.02, 3303.04, 3303.05, 3303.06, 3303.20, 3304.12, 3307.01, 3307.05, 3307.31, 3309.011, 3309.48, 3309.491, 3309.51, 3310.01, 3310.02, 3310.03, 3310.031, 3310.032, 3310.033, 3310.036, 3310.07, 3310.11, 3310.13, 3310.14, 3310.15, 3310.16, 3310.17, 3310.41, 3310.411, 3310.42, 3310.51, 3310.52, 3310.521, 3310.522, 3310.53, 3310.58, 3310.59, 3310.62, 3310.63, 3310.64, 3310.70, 3311.056, 3311.08, 3311.16, 3311.17, 3311.19, 3311.191, 3311.213, 3311.214, 3311.217, 3311.218, 3311.521, 3311.53, 3311.60, 3311.71, 3311.74, 3311.741, 3311.76, 3311.86, 3311.87, 3312.01, 3312.02, 3312.04, 3312.07, 3312.08, 3312.09, 3312.13, 3313.03, 3313.25, 3313.30, 3313.413, 3313.472, 3313.48, 3313.483, 3313.484, 3313.487, 3313.488, 3313.489, 3313.4810, 3313.531, 3313.532, 3313.533, 3313.534, 3313.5310, 3313.5312, 3313.5314, 3313.56, 3313.57, 3313.60, 3313.603, 3313.605, 3313.608, 3313.6011, 3313.6013, 3313.6015, 3313.6016, 3313.6019, 3313.6020, 3313.6024, 3313.6027, 3313.61, 3313.611, 3313.612, 3313.614, 3313.615, 3313.618, 3313.619, 3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64, 3313.642, 3313.643, 3313.644, 3313.645, 3313.646, 3313.647, 3313.6410, 3313.65, 3313.66, 3313.662, 3313.671, 3313.674, 3313.71, 3313.7110, 3313.7111, 3313.7112, 3313.7113, 3313.7114, 3313.7115, 3313.7116, 3313.81, 3313.811, 3313.813, 3313.814, 3313.815, 3313.817, 3313.818, 3313.821, 3313.843, 3313.844, 3313.845, 3313.846, 3313.90, 3313.902, 3313.903, 3313.904, 3313.905, 3313.906, 3313.91, 3313.911, 3313.92, 3313.941, 3313.97, 3313.974, 3313.975, 3313.976, 3313.978, 3313.979, 3313.98, 3313.981, 3313.982, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02, 3314.021, 3314.023, 3314.025, 3314.027, 3314.029, 3314.0211, 3314.03, 3314.032, 3314.034, 3314.035, 3314.038, 3314.039, 3314.041, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.081, 3314.083, 3314.087, 3314.091, 3314.10, 3314.101, 3314.11, 3314.12, 3314.143, 3314.144, 3314.147, 3314.17, 3314.18, 3314.19, 3314.191, 3314.20, 3314.21, 3314.22, 3314.232, 3314.24, 3314.26, 3314.27, 3314.271, 3314.28, 3314.29, 3314.35, 3314.351, 3314.353, 3314.354, 3314.36, 3314.38, 3314.50, 3314.51, 3315.18, 3315.181, 3315.33, 3315.34, 3315.35, 3316.03, 3316.031, 3316.04, 3316.041, 3316.042, 3316.05, 3316.06, 3316.08, 3316.20, 3317.01, 3317.011, 3317.012, 3317.014, 3317.015, 3317.017, 3317.019, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.028, 3317.0211, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0217, 3317.0218, 3317.03, 3317.031, 3317.032, 3317.033, 3317.036, 3317.037, 3317.05, 3317.051, 3317.06, 3317.061, 3317.062, 3317.063, 3317.064, 3317.07, 3317.071, 3317.072, 3317.08, 3317.081, 3317.082, 3317.09, 3317.10, 3317.11, 3317.12, 3317.13, 3317.14, 3317.141, 3317.15, 3317.16, 3317.161, 3317.162, 3317.164, 3317.18, 3317.19, 3317.201, 3317.23, 3317.231, 3317.24, 3317.25, 3317.40, 3317.50, 3317.51, 3318.011, 3318.033, 3318.051, 3318.08, 3318.084, 3318.18, 3318.363, 3318.42, 3319.02, 3319.073, 3319.074, 3319.077, 3319.111, 3319.112, 3319.113, 3319.143, 3319.151, 3319.16, 3319.161, 3319.22, 3319.221, 3319.224, 3319.228, 3319.229, 3319.231, 3319.234, 3319.235, 3319.236, 3319.25, 3319.262, 3319.263, 3319.28, 3319.291, 3319.292, 3319.316, 3319.319, 3319.33, 3319.35, 3319.361, 3319.39, 3319.391, 3319.393, 3319.40, 3319.44, 3319.46, 3319.55, 3319.56, 3319.57, 3319.60, 3319.61, 3319.611, 3319.612, 3321.01, 3321.03, 3321.04, 3321.07, 3321.09, 3321.12, 3321.13, 3321.18, 3321.19, 3321.191, 3323.01, 3323.011, 3323.02, 3323.021, 3323.022, 3323.03, 3323.04, 3323.041, 3323.05, 3323.051, 3323.052, 3323.06, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142, 3323.15, 3323.17, 3323.19, 3323.20, 3323.25, 3323.251, 3323.32, 3323.33, 3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3324.08, 3324.09, 3324.10, 3324.11, 3325.01, 3325.011, 3325.02, 3325.03, 3325.04, 3325.05, 3325.06, 3325.07, 3325.071, 3325.08, 3325.09, 3325.11, 3325.12, 3325.13, 3325.14, 3325.16, 3325.17, 3326.02, 3326.03, 3326.032, 3326.04, 3326.08, 3326.081, 3326.15, 3326.17, 3326.211, 3326.23, 3326.28, 3326.30, 3326.32, 3326.34, 3326.35, 3326.36, 3326.37, 3326.45, 3326.51, 3326.60, 3327.01, 3327.011, 3327.012, 3327.018, 3327.02, 3327.021, 3327.05, 3327.08, 3327.10, 3327.101, 3327.13, 3327.14, 3327.16, 3328.01, 3328.02, 3328.04, 3328.11, 3328.12, 3328.13, 3328.15, 3328.18, 3328.23, 3328.26, 3328.29, 3328.30, 3328.31, 3328.34, 3328.35, 3328.37, 3328.38, 3328.45, 3328.50, 3329.01, 3329.03, 3329.10, 3331.01, 3331.02, 3331.04, 3331.08, 3332.02, 3332.03, 3332.04, 3333.04, 3333.041, 3333.048, 3333.0411, 3333.0415, 3333.07, 3333.162, 3333.167, 3333.21, 3333.31, 3333.34, 3333.35, 3333.37, 3333.39, 3333.391, 3333.43, 3333.66, 3333.70, 3333.82, 3333.86, 3333.87, 3333.91, 3335.36, 3335.61, 3343.05, 3345.06, 3345.061, 3345.062, 3345.86, 3353.02, 3365.01, 3365.02, 3365.03, 3365.032, 3365.033, 3365.034, 3365.035, 3365.04, 3365.05, 3365.06, 3365.07, 3365.071, 3365.08, 3365.09, 3365.091, 3365.10, 3365.12, 3365.15, 3375.01, 3701.507, 3701.78, 3705.36, 3707.58, 3707.59, 3734.62, 3737.22, 3742.32, 3745.21, 3781.106, 3781.11, 3798.01, 4109.01, 4109.06, 4109.07, 4109.22, 4112.04, 4112.12, 4117.10, 4117.102, 4141.01, 4141.47, 4506.09, 4506.10, 4507.21, 4508.01, 4511.21, 4511.75, 4511.76, 4709.07, 4709.10, 4713.02, 4732.10, 4735.09, 4742.02, 4742.03, 4742.05, 4742.06, 4742.07, 4743.03, 4747.10, 4757.41, 4758.61, 4779.13, 5101.061, 5101.34, 5103.02, 5103.08, 5103.13, 5103.55, 5104.01, 5104.015, 5104.02, 5104.053, 5104.08, 5104.29, 5104.30, 5107.281, 5107.287, 5107.40, 5107.62, 5120.031, 5120.07, 5120.091, 5123.022, 5123.023, 5123.025, 5123.026, 5123.0423, 5126.04, 5126.05, 5126.23, 5126.24, 5139.34, 5145.06, 5162.363, 5162.365, 5502.262, 5502.263, 5513.04, 5703.21, 5705.216, 5705.391, 5705.412, 5709.07, 5709.92, 5715.26, 5715.34, 5747.057, 5747.72, 5753.11, 6109.21, 6301.04, 6301.11, 6301.111, 6301.112, 6301.15, 6301.21, 6301.22, and 6301.23; to enact new section 3301.13 and sections 3301.0731, 3301.111, 3301.132, 3301.137, 3301.138, and 3321.042; and to repeal sections 3301.13, 3302.101, and 3302.102 of the Revised Code; and to amend the versions of sections 921.06, 3301.071, 3309.011, 3319.22, 3319.229, 3319.262, 3319.28, 3319.361, 3327.10, 4709.07, 4709.10, 4732.10, 4735.09, and 4747.10 of the Revised Code that are scheduled to take effect December 29, 2023, to continue the changes on and after that date to rename the Department of Education as the Department of Education and Workforce; to create the position of Director of Education and Workforce; and to reform the functions and responsibilities of the State Board of Education and the Superintendent of Public Instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5.224, 5.281, 9.231, 9.55, 102.02, 109.57, 109.572, 109.64, 109.65, 109.71, 109.72, 109.746, 113.73, 117.46, 121.02, 121.03, 121.35, 121.37, 121.40, 121.95, 124.15, 124.382, 124.384, 125.05, 125.13, 133.06, 133.061, 135.142, 149.331, 175.30, 197.04, 319.301, 901.71, 921.06, 2151.011, 2151.353, 2151.357, 2151.362, 2305.111, 2901.01, 2903.13, 2907.03, 2917.31, 2917.46, 2923.122, 2925.01, 2950.11, 2953.34, 3301.01, 3301.07, 3301.071, 3301.072, 3301.075, 3301.076, 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0713, 3301.0714, 3301.0715, 3301.0716, 3301.0717, 3301.0718, 3301.0719, 3301.0720, 3301.0721, 3301.0723, 3301.0725, 3301.0726, 3301.0728, 3301.0730, 3301.10, 3301.11, 3301.12, 3301.121, 3301.131, 3301.133, 3301.134, 3301.135, 3301.136, 3301.14, 3301.15, 3301.16, 3301.162, 3301.163, 3301.18, 3301.19, 3301.22, 3301.221, 3301.23, 3301.27, 3301.28, 3301.30, 3301.311, 3301.40, 3301.45, 3301.49, 3301.52, 3301.521, 3301.53, 3301.54, 3301.541, 3301.55, 3301.56, 3301.57, 3301.58, 3301.59, 3301.61, 3301.62, 3301.63, 3301.64, 3301.68, 3301.70, 3301.80, 3301.81, 3301.923, 3301.94, 3301.941, 3301.948, 3302.01, 3302.02, 3302.021, 3302.03, 3302.031, 3302.032, 3302.033, 3302.034, 3302.035, 3302.036, 3302.037, 3302.038, 3302.039, 3302.04, 3302.041, 3302.042, 3302.043, 3302.05, 3302.06, 3302.062, 3302.063, 3302.066, 3302.068, 3302.07, 3302.09, 3302.10, 3302.103, 3302.11, 3302.12, 3302.13, 3302.14, 3302.15, 3302.151, 3302.17, 3302.20, 3302.21, 3302.22, 3302.25, 3302.26, 3302.41, 3302.42, 3303.02, 3303.04, 3303.05, 3303.06, 3303.20, 3304.12, 3307.01, 3307.05, 3307.31, 3309.011, 3309.48, 3309.491, 3309.51, 3310.01, 3310.02, 3310.03, 3310.031, 3310.032, 3310.033, 3310.036, 3310.07, 3310.11, 3310.13, 3310.14, 3310.15, 3310.16, 3310.17, 3310.41, 3310.411, 3310.42, 3310.51, 3310.52, 3310.521, 3310.522, 3310.53, 3310.58, 3310.59, 3310.62, 3310.63, 3310.64, 3310.70, 3311.056, 3311.08, 3311.16, 3311.17, 3311.19, 3311.191, 3311.213, 3311.214, 3311.217, 3311.218, 3311.521, 3311.53, 3311.60, 3311.71, 3311.74, 3311.741, 3311.76, 3311.86, 3311.87, 3312.01, 3312.02, 3312.04, 3312.07, 3312.08, 3312.09, 3312.13, 3313.03, 3313.25, 3313.30, 3313.413, 3313.472, 3313.48, 3313.483, 3313.484, 3313.487, 3313.488, 3313.489, 3313.4810, 3313.531, 3313.532, 3313.533, 3313.534, 3313.5310, 3313.5312, 3313.5314, 3313.56, 3313.57, 3313.60, 3313.603, 3313.605, 3313.608, 3313.6011, 3313.6013, 3313.6015, 3313.6016, 3313.6019, 3313.6020, 3313.6024, 3313.6027, 3313.61, 3313.611, 3313.612, 3313.614, 3313.615, 3313.618, 3313.619, 3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64, 3313.642, 3313.643, 3313.644, 3313.645, 3313.646, 3313.647, 3313.6410, 3313.65, 3313.66, 3313.662, 3313.671, 3313.674, 3313.71, 3313.7110, 3313.7111, 3313.7112, 3313.7113, 3313.7114, 3313.7115, 3313.7116, 3313.81, 3313.811, 3313.813, 3313.814, 3313.815, 3313.817, 3313.818, 3313.821, 3313.843, 3313.844, 3313.845, 3313.846, 3313.90, 3313.902, 3313.903, 3313.904, 3313.905, 3313.906, 3313.91, 3313.911, 3313.92, 3313.941, 3313.97, 3313.974, 3313.975, 3313.976, 3313.978, 3313.979, 3313.98, 3313.981, 3313.982, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02, 3314.021, 3314.023, 3314.025, 3314.027, 3314.029, 3314.0211, 3314.03, 3314.032, 3314.034, 3314.035, 3314.038, 3314.039, 3314.041, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.081, 3314.083, 3314.087, 3314.091, 3314.10, 3314.101, 3314.11, 3314.12, 3314.143, 3314.144, 3314.147, 3314.17, 3314.18, 3314.19, 3314.191, 3314.20, 3314.21, 3314.22, 3314.232, 3314.24, 3314.26, 3314.27, 3314.271, 3314.28, 3314.29, 3314.35, 3314.351, 3314.353, 3314.354, 3314.36, 3314.38, 3314.50, 3314.51, 3315.18, 3315.181, 3315.33, 3315.34, 3315.35, 3316.03, 3316.031, 3316.04, 3316.041, 3316.042, 3316.05, 3316.06, 3316.08, 3316.20, 3317.01, 3317.011, 3317.012, 3317.014, 3317.015, 3317.017, 3317.019, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.028, 3317.0211, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0217, 3317.0218, 3317.03, 3317.031, 3317.032, 3317.033, 3317.036, 3317.037, 3317.05, 3317.051, 3317.06, 3317.061, 3317.062, 3317.063, 3317.064, 3317.07, 3317.071, 3317.072, 3317.08, 3317.081, 3317.082, 3317.09, 3317.10, 3317.11, 3317.12, 3317.13, 3317.14, 3317.141, 3317.15, 3317.16, 3317.161, 3317.162, 3317.164, 3317.18, 3317.19, 3317.201, 3317.23, 3317.231, 3317.24, 3317.25, 3317.40, 3317.50, 3317.51, 3318.011, 3318.033, 3318.051, 3318.08, 3318.084, 3318.18, 3318.363, 3318.42, 3319.02, 3319.073, 3319.074, 3319.077, 3319.111, 3319.112, 3319.113, 3319.143, 3319.151, 3319.16, 3319.161, 3319.22, 3319.221, 3319.224, 3319.228, 3319.229, 3319.231, 3319.234, 3319.235, 3319.236, 3319.25, 3319.262, 3319.263, 3319.28, 3319.291, 3319.292, 3319.316, 3319.319, 3319.33, 3319.35, 3319.361, 3319.39, 3319.391, 3319.393, 3319.40, 3319.44, 3319.46, 3319.55, 3319.56, 3319.57, 3319.60, 3319.61, 3319.611, 3319.612, 3321.01, 3321.03, 3321.04, 3321.07, 3321.09, 3321.12, 3321.13, 3321.18, 3321.19, 3321.191, 3323.01, 3323.011, 3323.02, 3323.021, 3323.022, 3323.03, 3323.04, 3323.041, 3323.05, 3323.051, 3323.052, 3323.06, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142, 3323.15, 3323.17, 3323.19, 3323.20, 3323.25, 3323.251, 3323.32, 3323.33, 3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3324.08, 3324.09, 3324.10, 3324.11, 3325.01, 3325.011, 3325.02, 3325.03, 3325.04, 3325.05, 3325.06, 3325.07, 3325.071, 3325.08, 3325.09, 3325.11, 3325.12, 3325.13, 3325.14, 3325.16, 3325.17, 3326.02, 3326.03, 3326.032, 3326.04, 3326.08, 3326.081, 3326.15, 3326.17, 3326.211, 3326.23, 3326.28, 3326.30, 3326.32, 3326.34, 3326.35, 3326.36, 3326.37, 3326.45, 3326.51, 3326.60, 3327.01, 3327.011, 3327.012, 3327.018, 3327.02, 3327.021, 3327.05, 3327.08, 3327.10, 3327.101, 3327.13, 3327.14, 3327.16, 3328.01, 3328.02, 3328.04, 3328.11, 3328.12, 3328.13, 3328.15, 3328.18, 3328.23, 3328.26, 3328.29, 3328.30, 3328.31, 3328.34, 3328.35, 3328.37, 3328.38, 3328.45, 3328.50, 3329.01, 3329.03, 3329.10, 3331.01, 3331.02, 3331.04, 3331.08, 3332.02, 3332.03, 3332.04, 3333.04, 3333.041, 3333.048, 3333.0411, 3333.0415, 3333.07, 3333.162, 3333.167, 3333.21, 3333.31, 3333.34, 3333.35, 3333.37, 3333.39, 3333.391, 3333.43, 3333.66, 3333.70, 3333.82, 3333.86, 3333.87, 3333.91, 3335.36, 3335.61, 3343.05, 3345.06, 3345.061, 3345.062, 3345.86, 3353.02, 3365.01, 3365.02, 3365.03, 3365.032, 3365.033, 3365.034, 3365.035, 3365.04, 3365.05, 3365.06, 3365.07, 3365.071, 3365.08, 3365.09, 3365.091, 3365.10, 3365.12, 3365.15, 3375.01, 3701.507, 3701.78, 3705.36, 3707.58, 3707.59, 3734.62, 3737.22, 3742.32, 3745.21, 3781.106, 3781.11, 3798.01, 4109.01, 4109.06, 4109.07, 4109.22, 4112.04, 4112.12, 4117.10, 4117.102, 4141.01, 4141.47, 4506.09, 4506.10, 4507.21, 4508.01, 4511.21, 4511.75, 4511.76, 4709.07, 4709.10, 4713.02, 4732.10, 4735.09, 4742.02, 4742.03, 4742.05, 4742.06, 4742.07, 4743.03, 4747.10, 4757.41, 4758.61, 4779.13, 5101.061, 5101.34, 5103.02, 5103.08, 5103.13, 5103.55, 5104.01, 5104.015, 5104.02, 5104.053, 5104.08, 5104.29, 5104.30, 5107.281, 5107.287, 5107.40, 5107.62, 5120.031, 5120.07, 5120.091, 5123.022, 5123.023, 5123.025, 5123.026, 5123.0423, 5126.04, 5126.05, 5126.23, 5126.24, 5139.34, 5145.06, 5162.363, 5162.365, 5502.262, 5502.263, 5513.04, 5703.21, 5705.216, 5705.391, 5705.412, 5709.07, 5709.92, 5715.26, 5715.34, 5747.057, 5747.72, 5753.11, 6109.21, 6301.04, 6301.11, 6301.111, 6301.112, 6301.15, 6301.21, 6301.22, and 6301.23 be amended and new section 3301.13 and sections 3301.0731, 3301.111, 3301.132, 3301.137, 3301.138, and 3321.042 of the Revised Code be enacted to read as follows:
Sec.
5.224. The
first day of March is designated as "Ohio statehood day,"
in recognition of the date in 1803 when Ohio became a state. In
addition to those duties imposed on the Ohio history connection under
section 149.30 of the Revised Code, and those duties imposed on the
superintendent
of public instruction director
of education and workforce under
section 3301.12 of the Revised Code, the Ohio history connection
shall, throughout the state, and the superintendent
director
shall,
in all school districts, encourage and promote the celebration of
"Ohio statehood day."
Sec. 5.281. Beginning in 2018, and every year thereafter, the full week beginning on the first Monday in May is designated as in-demand jobs week.
Every year during in-demand jobs week, the governor's office of workforce transformation, in collaboration with the departments of job and family services, education and workforce, and higher education, shall organize activities to raise awareness among educators, students, and parents of jobs that are in demand by employers operating in this state and the requirements and benefits of those jobs. The activities shall include job fairs and company tours to connect middle and high school students with employers.
Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of this section, a governmental entity shall not disburse money totaling twenty-five thousand dollars or more to any person for the provision of services for the primary benefit of individuals or the public and not for the primary benefit of a governmental entity or the employees of a governmental entity, unless the contracting authority of the governmental entity first enters into a written contract with the person that is signed by the person or by an officer or agent of the person authorized to legally bind the person and that embodies all of the requirements and conditions set forth in sections 9.23 to 9.236 of the Revised Code. If the disbursement of money occurs over the course of a governmental entity's fiscal year, rather than in a lump sum, the contracting authority of the governmental entity shall enter into the written contract with the person at the point during the governmental entity's fiscal year that at least seventy-five thousand dollars has been disbursed by the governmental entity to the person. Thereafter, the contracting authority of the governmental entity shall enter into the written contract with the person at the beginning of the governmental entity's fiscal year, if, during the immediately preceding fiscal year, the governmental entity disbursed to that person an aggregate amount totaling at least seventy-five thousand dollars.
(2) If the money referred to in division (A)(1) of this section is disbursed by or through more than one state agency to the person for the provision of services to the same population, the contracting authorities of those agencies shall determine which one of them will enter into the written contract with the person.
(3) The requirements and conditions set forth in divisions (A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) and (B) of section 9.234, divisions (A)(2) and (B) of section 9.235, and sections 9.233 and 9.236 of the Revised Code do not apply with respect to the following:
(a) Contracts to which all of the following apply:
(i) The amount received for the services is a set fee for each time the services are provided, is determined in accordance with a fixed rate per unit of time or per service, or is a capitated rate, and the fee or rate is established by competitive bidding or by a market rate survey of similar services provided in a defined market area. The market rate survey may be one conducted by or on behalf of the governmental entity or an independent survey accepted by the governmental entity as statistically valid and reliable.
(ii) The services are provided in accordance with standards established by state or federal law, or by rules or regulations adopted thereunder, for their delivery, which standards are enforced by the federal government, a governmental entity, or an accrediting organization recognized by the federal government or a governmental entity.
(iii) Payment for the services is made after the services are delivered and upon submission to the governmental entity of an invoice or other claim for payment as required by any applicable local, state, or federal law or, if no such law applies, by the terms of the contract.
(b) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that meets all of the following requirements:
(i) The program calculates the reimbursement rate on the basis of the previous year's experience or in accordance with an alternative method set forth in rules adopted by the Ohio department of job and family services.
(ii) The reimbursement rate is derived from a breakdown of direct and indirect costs.
(iii) The program's guidelines describe types of expenditures that are allowable and not allowable under the program and delineate which costs are acceptable as direct costs for purposes of calculating the reimbursement rate.
(iv) The program includes a uniform cost reporting system with specific audit requirements.
(c) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that calculates the reimbursement rate on a fee for service basis in compliance with United States office of management and budget Circular A-87, as revised May 10, 2004.
(d) Contracts for services that are paid pursuant to the earmarking of an appropriation made by the general assembly for that purpose.
(B) Division (A) of this section does not apply if the money is disbursed to a person pursuant to a contract with the United States or a governmental entity under any of the following circumstances:
(1) The person receives the money directly or indirectly from the United States, and no governmental entity exercises any oversight or control over the use of the money.
(2) The person receives the money solely in return for the performance of one or more of the following types of services:
(a) Medical, therapeutic, or other health-related services provided by a person if the amount received is a set fee for each time the person provides the services, is determined in accordance with a fixed rate per unit of time, or is a capitated rate, and the fee or rate is reasonable and customary in the person's trade or profession;
(b) Medicaid-funded services, including administrative and management services, provided pursuant to a contract or medicaid provider agreement that meets the requirements of the medicaid program.
(c) Services, other than administrative or management services or any of the services described in division (B)(2)(a) or (b) of this section, that are commonly purchased by the public at an hourly rate or at a set fee for each time the services are provided, unless the services are performed for the benefit of children, persons who are eligible for the services by reason of advanced age, medical condition, or financial need, or persons who are confined in a detention facility as defined in section 2921.01 of the Revised Code, and the services are intended to help promote the health, safety, or welfare of those children or persons;
(d)
Educational services provided by a school to children eligible to
attend that school. For purposes of division (B)(2)(d) of this
section, "school" means any school operated by a school
district board of education, any community school established under
Chapter 3314. of the Revised Code, or any nonpublic school for which
the state
board director
of
education
and
workforce
prescribes
minimum education standards under section 3301.07 of the Revised
Code.
(e) Services provided by a foster home as defined in section 5103.02 of the Revised Code;
(f) "Routine business services other than administrative or management services," as that term is defined by the attorney general by rule adopted in accordance with Chapter 119. of the Revised Code;
(g) Services to protect the environment or promote environmental education that are provided by a nonprofit entity or services to protect the environment that are funded with federal grants or revolving loan funds and administered in accordance with federal law.
(3) The person receives the money solely in return for the performance of services intended to help preserve public health or safety under circumstances requiring immediate action as a result of a natural or man-made emergency.
(C) With respect to an unincorporated nonprofit association, corporation, or organization established for the purpose of providing educational, technical, consulting, training, financial, or other services to its members in exchange for membership dues and other fees, any of the services provided to a member that is a governmental entity shall, for purposes of this section, be considered services "for the primary benefit of a governmental entity or the employees of a governmental entity."
Sec. 9.55. (A) As used in this section, "state agency" means the house of representatives, the senate, the governor, the secretary of state, the auditor of state, the treasurer of state, the attorney general, the department of job and family services, the department of commerce, the department of developmental disabilities, the department of education and workforce, the department of health, the department of aging, the governor's office of advocacy for disabled persons, and the civil rights commission.
(B) Each state agency shall install in its offices at least one teletypewriter designed to receive printed messages from and transmit printed messages to deaf or hearing-impaired persons.
Sec. 102.02. (A)(1) Except as otherwise provided in division (H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a candidate for a state, county, or city office and every person who is appointed to fill a vacancy for an unexpired term in such an elective office; all members of the state board of education; the director, assistant directors, deputy directors, division chiefs, or persons of equivalent rank of any administrative department of the state; the president or other chief administrative officer of every state institution of higher education as defined in section 3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; all members of the Ohio casino control commission, the executive director of the commission, all professional employees of the commission, and all technical employees of the commission who perform an internal audit function; the individuals set forth in division (B)(2) of section 187.03 of the Revised Code; the chief executive officer and the members of the board of each state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers' compensation and each member of the bureau of workers' compensation board of directors; the bureau of workers' compensation director of investments; the chief investment officer of the bureau of workers' compensation; all members of the board of commissioners on grievances and discipline of the supreme court and the ethics commission created under section 102.05 of the Revised Code; every business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or an educational service center; every person who is elected to or is a candidate for the office of member of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district or of a governing board of an educational service center that has a total student count of twelve thousand or more as most recently determined by the department of education and workforce pursuant to section 3317.03 of the Revised Code; every person who is appointed to the board of education of a municipal school district pursuant to division (B) or (F) of section 3311.71 of the Revised Code; all members of the board of directors of a sanitary district that is established under Chapter 6115. of the Revised Code and organized wholly for the purpose of providing a water supply for domestic, municipal, and public use, and that includes two municipal corporations in two counties; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; all members appointed to the Ohio livestock care standards board under section 904.02 of the Revised Code; all entrepreneurs in residence assigned by the LeanOhio office in the department of administrative services under section 125.65 of the Revised Code and every other public official or employee who is designated by the appropriate ethics commission pursuant to division (B) of this section.
(2) The disclosure statement shall include all of the following:
(a) The name of the person filing the statement and each member of the person's immediate family and all names under which the person or members of the person's immediate family do business;
(b)(i) Subject to divisions (A)(2)(b)(ii) and (iii) of this section and except as otherwise provided in section 102.022 of the Revised Code, identification of every source of income, other than income from a legislative agent identified in division (A)(2)(b)(ii) of this section, received during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. If the person filing the statement is a member of the general assembly, the statement shall identify the amount of every source of income received in accordance with the following ranges of amounts: zero or more, but less than one thousand dollars; one thousand dollars or more, but less than ten thousand dollars; ten thousand dollars or more, but less than twenty-five thousand dollars; twenty-five thousand dollars or more, but less than fifty thousand dollars; fifty thousand dollars or more, but less than one hundred thousand dollars; and one hundred thousand dollars or more. Division (A)(2)(b)(i) of this section shall not be construed to require a person filing the statement who derives income from a business or profession to disclose the individual items of income that constitute the gross income of that business or profession, except for those individual items of income that are attributable to the person's or, if the income is shared with the person, the partner's, solicitation of services or goods or performance, arrangement, or facilitation of services or provision of goods on behalf of the business or profession of clients, including corporate clients, who are legislative agents. A person who files the statement under this section shall disclose the identity of and the amount of income received from a person who the public official or employee knows or has reason to know is doing or seeking to do business of any kind with the public official's or employee's agency.
(ii) If the person filing the statement is a member of the general assembly, the statement shall identify every source of income and the amount of that income that was received from a legislative agent during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. Division (A)(2)(b)(ii) of this section requires the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, if those clients or patients are legislative agents. Division (A)(2)(b)(ii) of this section requires a person filing the statement who derives income from a business or profession to disclose those individual items of income that constitute the gross income of that business or profession that are received from legislative agents.
(iii) Except as otherwise provided in division (A)(2)(b)(iii) of this section, division (A)(2)(b)(i) of this section applies to attorneys, physicians, and other persons who engage in the practice of a profession and who, pursuant to a section of the Revised Code, the common law of this state, a code of ethics applicable to the profession, or otherwise, generally are required not to reveal, disclose, or use confidences of clients, patients, or other recipients of professional services except under specified circumstances or generally are required to maintain those types of confidences as privileged communications except under specified circumstances. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(b)(iii) of this section to disclose the name, other identity, or address of a client, patient, or other recipient of professional services if the disclosure would threaten the client, patient, or other recipient of professional services, would reveal details of the subject matter for which legal, medical, or professional advice or other services were sought, or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(b)(iii) of this section to disclose in the brief description of the nature of services required by division (A)(2)(b)(i) of this section any information pertaining to specific professional services rendered for a client, patient, or other recipient of professional services that would reveal details of the subject matter for which legal, medical, or professional advice was sought or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services.
(c) The name of every corporation on file with the secretary of state that is incorporated in this state or holds a certificate of compliance authorizing it to do business in this state, trust, business trust, partnership, or association that transacts business in this state in which the person filing the statement or any other person for the person's use and benefit had during the preceding calendar year an investment of over one thousand dollars at fair market value as of the thirty-first day of December of the preceding calendar year, or the date of disposition, whichever is earlier, or in which the person holds any office or has a fiduciary relationship, and a description of the nature of the investment, office, or relationship. Division (A)(2)(c) of this section does not require disclosure of the name of any bank, savings and loan association, credit union, or building and loan association with which the person filing the statement has a deposit or a withdrawable share account.
(d) All fee simple and leasehold interests to which the person filing the statement holds legal title to or a beneficial interest in real property located within the state, excluding the person's residence and property used primarily for personal recreation;
(e) The names of all persons residing or transacting business in the state to whom the person filing the statement owes, in the person's own name or in the name of any other person, more than one thousand dollars. Division (A)(2)(e) of this section shall not be construed to require the disclosure of debts owed by the person resulting from the ordinary conduct of a business or profession or debts on the person's residence or real property used primarily for personal recreation, except that the superintendent of financial institutions and any deputy superintendent of banks shall disclose the names of all state-chartered banks and all bank subsidiary corporations subject to regulation under section 1109.44 of the Revised Code to whom the superintendent or deputy superintendent owes any money.
(f) The names of all persons residing or transacting business in the state, other than a depository excluded under division (A)(2)(c) of this section, who owe more than one thousand dollars to the person filing the statement, either in the person's own name or to any person for the person's use or benefit. Division (A)(2)(f) of this section shall not be construed to require the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, nor the disclosure of debts owed to the person resulting from the ordinary conduct of a business or profession.
(g) Except as otherwise provided in section 102.022 of the Revised Code, the source of each gift of over seventy-five dollars, or of each gift of over twenty-five dollars received by a member of the general assembly from a legislative agent, received by the person in the person's own name or by any other person for the person's use or benefit during the preceding calendar year, except gifts received by will or by virtue of section 2105.06 of the Revised Code, or received from spouses, parents, grandparents, children, grandchildren, siblings, nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or any person to whom the person filing the statement stands in loco parentis, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor;
(h) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source and amount of every payment of expenses incurred for travel to destinations inside or outside this state that is received by the person in the person's own name or by any other person for the person's use or benefit and that is incurred in connection with the person's official duties, except for expenses for travel to meetings or conventions of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues;
(i) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source of payment of expenses for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues, that are incurred in connection with the person's official duties and that exceed one hundred dollars aggregated per calendar year;
(j) If the disclosure statement is filed by a public official or employee described in division (B)(2) of section 101.73 of the Revised Code or division (B)(2) of section 121.63 of the Revised Code who receives a statement from a legislative agent, executive agency lobbyist, or employer that contains the information described in division (F)(2) of section 101.73 of the Revised Code or division (G)(2) of section 121.63 of the Revised Code, all of the nondisputed information contained in the statement delivered to that public official or employee by the legislative agent, executive agency lobbyist, or employer under division (F)(2) of section 101.73 or (G)(2) of section 121.63 of the Revised Code.
(3) A person may file a statement required by this section in person, by mail, or by electronic means.
(4) A person who is required to file a statement under this section shall file that statement according to the following deadlines, as applicable:
(a) Except as otherwise provided in divisions (A)(4)(b), (c), and (d) of this section, the person shall file the statement not later than the fifteenth day of May of each year.
(b) A person who is a candidate for elective office shall file the statement no later than the thirtieth day before the primary, special, or general election at which the candidacy is to be voted on, whichever election occurs soonest, except that a person who is a write-in candidate shall file the statement no later than the twentieth day before the earliest election at which the person's candidacy is to be voted on.
(c) A person who is appointed to fill a vacancy for an unexpired term in an elective office shall file the statement within fifteen days after the person qualifies for office.
(d) A person who is appointed or employed after the fifteenth day of May, other than a person described in division (A)(4)(c) of this section, shall file an annual statement within ninety days after appointment or employment.
(5) No person shall be required to file with the appropriate ethics commission more than one statement or pay more than one filing fee for any one calendar year.
(6) The appropriate ethics commission, for good cause, may extend for a reasonable time the deadline for filing a statement under this section.
(7) A statement filed under this section is subject to public inspection at locations designated by the appropriate ethics commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics committee, and the board of commissioners on grievances and discipline of the supreme court, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees under its jurisdiction and not specifically excluded by this section whose positions involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or the execution of other public trusts, to file an annual statement under division (A) of this section. The appropriate ethics commission shall send the public officials or employees written notice of the requirement not less than thirty days before the applicable filing deadline unless the public official or employee is appointed after that date, in which case the notice shall be sent within thirty days after appointment, and the filing shall be made not later than ninety days after appointment.
Disclosure statements filed under this division with the Ohio ethics commission by members of boards, commissions, or bureaus of the state for which no compensation is received other than reasonable and necessary expenses shall be kept confidential. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by business managers, treasurers, and superintendents of city, local, exempted village, joint vocational, or cooperative education school districts or educational service centers shall be kept confidential, except that any person conducting an audit of any such school district or educational service center pursuant to Chapter 117. of the Revised Code may examine the disclosure statement of any business manager, treasurer, or superintendent of that school district or educational service center. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by the individuals set forth in division (B)(2) of section 187.03 of the Revised Code shall be kept confidential. The Ohio ethics commission shall examine each disclosure statement required to be kept confidential to determine whether a potential conflict of interest exists for the person who filed the disclosure statement. A potential conflict of interest exists if the private interests of the person, as indicated by the person's disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person's authority and duties in the person's office or position of employment. If the commission determines that a potential conflict of interest exists, it shall notify the person who filed the disclosure statement and shall make the portions of the disclosure statement that indicate a potential conflict of interest subject to public inspection in the same manner as is provided for other disclosure statements. Any portion of the disclosure statement that the commission determines does not indicate a potential conflict of interest shall be kept confidential by the commission and shall not be made subject to public inspection, except as is necessary for the enforcement of Chapters 102. and 2921. of the Revised Code and except as otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the applicable filing deadline established under this section, a statement that is required by this section.
(D) No person shall knowingly file a false statement that is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this section, the statement required by division (A) or (B) of this section shall be accompanied by a filing fee of sixty dollars.
(2) The statement required by division (A) of this section shall be accompanied by the following filing fee to be paid by the person who is elected or appointed to, or is a candidate for, any of the following offices:
|
|
1 |
2 |
|
A |
For state office, except member of the state board of education |
$95 |
|
B |
For office of member of general assembly |
$40 |
|
C |
For county office |
$60 |
|
D |
For city office |
$35 |
|
E |
For office of member of the state board of education |
$35 |
|
F |
For office of member of a city, local, exempted village, or cooperative education board of education or educational service center governing board |
$30 |
|
G |
For position of business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or educational service center |
$30 |
(3) No judge of a court of record or candidate for judge of a court of record, and no referee or magistrate serving a court of record, shall be required to pay the fee required under division (E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective office of the state and for any employee who holds a nonelective position in a public agency of the state, the state agency that is the primary employer of the state official or employee shall pay the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is not filed by the date on which it is required to be filed, the appropriate ethics commission shall assess the person required to file the statement a late filing fee of ten dollars for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio ethics commission and the joint legislative ethics committee shall deposit all fees it receives under divisions (E) and (F) of this section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts, including, but not limited to, fees it receives under divisions (E) and (F) of this section, investigative or other fees, costs, or other funds it receives as a result of court orders, and all moneys it receives from settlements under division (G) of section 102.06 of the Revised Code, into the Ohio ethics commission fund, which is hereby created in the state treasury. All moneys credited to the fund shall be used solely for expenses related to the operation and statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all receipts it receives from the payment of financial disclosure statement filing fees under divisions (E) and (F) of this section into the joint legislative ethics committee investigative and financial disclosure fund.
(H) Division (A) of this section does not apply to a person elected or appointed to the office of precinct, ward, or district committee member under Chapter 3517. of the Revised Code; a presidential elector; a delegate to a national convention; village or township officials and employees; any physician or psychiatrist who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code and whose primary duties do not require the exercise of administrative discretion; or any member of a board, commission, or bureau of any county or city who receives less than one thousand dollars per year for serving in that position.
Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence who is not in any other category of child specified in this division, if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:
(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(6) The superintendent shall, upon request, assist a county coroner in the identification of a deceased person through the use of fingerprint impressions obtained pursuant to division (A)(1) of this section or collected pursuant to section 109.572 or 311.41 of the Revised Code.
(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.
(C)(1) The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to be known as the Ohio law enforcement gateway to gather and disseminate information, data, and statistics for the use of law enforcement agencies and for other uses specified in this division. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section.
(3) In addition to any other authorized use of information, data, and statistics of the nature described in division (C)(1) of this section, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(4) The Ohio law enforcement gateway shall contain the name, confidential address, and telephone number of program participants in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code.
(5) The attorney general may adopt rules under Chapter 119. of the Revised Code establishing guidelines for the operation of and participation in the Ohio law enforcement gateway. The rules may include criteria for granting and restricting access to information gathered and disseminated through the Ohio law enforcement gateway. The attorney general shall adopt rules under Chapter 119. of the Revised Code that grant access to information in the gateway regarding an address confidentiality program participant under sections 111.41 to 111.47 of the Revised Code to only chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals. The attorney general shall permit an office of a county coroner, the state medical board, and board of nursing to access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway.
The attorney general may appoint a steering committee to advise the attorney general in the operation of the Ohio law enforcement gateway that is comprised of persons who are representatives of the criminal justice agencies in this state that use the Ohio law enforcement gateway and is chaired by the superintendent or the superintendent's designee.
(D)(1) The following are not public records under section 149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or disseminated through the Ohio law enforcement gateway pursuant to division (C)(1) of this section;
(c) Information and materials furnished to any board or person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division (E)(3) or (4) of this section, a rule adopted under division (E)(1) of this section may provide only for the release of information gathered pursuant to division (A) of this section that relates to the conviction of a person, or a person's plea of guilty to, a criminal offense or to the arrest of a person as provided in division (E)(3) of this section. The superintendent shall not release, and the attorney general shall not adopt any rule under division (E)(1) of this section that permits the release of, any information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child, or that relates to a criminal conviction of a person under eighteen years of age if the person's case was transferred back to a juvenile court under division (B)(2) or (3) of section 2152.121 of the Revised Code and the juvenile court imposed a disposition or serious youthful offender disposition upon the person under either division, unless either of the following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually oriented offense, the juvenile court was required to classify the child a juvenile offender registrant for that offense under section 2152.82, 2152.83, or 2152.86 of the Revised Code, that classification has not been removed, and the records of the adjudication or conviction have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 or sealed or expunged pursuant to section 2953.32 of the Revised Code.
(3) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to the arrest of a person who is eighteen years of age or older when the person has not been convicted as a result of that arrest if any of the following applies:
(a) The arrest was made outside of this state.
(b) A criminal action resulting from the arrest is pending, and the superintendent confirms that the criminal action has not been resolved at the time the criminal records check is performed.
(c) The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest.
(4) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child if not more than five years have elapsed since the date of the adjudication, the adjudication was for an act that would have been a felony if committed by an adult, the records of the adjudication have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 of the Revised Code, and the request for information is made under division (F) of this section or under section 109.572 of the Revised Code. In the case of an adjudication for a violation of the terms of community control or supervised release, the five-year period shall be calculated from the date of the adjudication to which the community control or supervised release pertains.
(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, division (C) of section 3310.58, or section 3319.39, 3319.391, 3327.10, 3740.11, 5104.013, 5123.081, or 5153.111 of the Revised Code or that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the board of education of any school district; the director of developmental disabilities; any county board of developmental disabilities; any provider or subcontractor as defined in section 5123.081 of the Revised Code; the chief administrator of any chartered nonpublic school; the chief administrator of a registered private provider that is not also a chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed under Chapter 5104. of the Revised Code; the chief administrator of any head start agency; the executive director of a public children services agency; a private company described in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code; or an employer described in division (J)(2) of section 3327.10 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, subject to division (E)(2) of this section, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, subject to division (E)(2) of this section, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, subject to division (E)(2) of this section, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(b) When a board of education or a registered private provider is required to receive information under this section as a prerequisite to employment of an individual pursuant to division (C) of section 3310.58 or section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district or provider only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in the case of a request under section 3319.39, 3319.391, or 3327.10 of the Revised Code only for criminal records maintained by the federal bureau of investigation, the superintendent shall not determine whether any information gathered under division (A) of this section exists on the person for whom the request is made.
(3) The state board of education or the department of education and workforce may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education and workforce, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education and shall comply with divisions (F)(2)(a) and (c) of this section.
(G) In addition to or in conjunction with any request that is required to be made under section 3712.09, 3721.121, or 3740.11 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult or adult resident, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, or adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult or adult resident, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsman services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsman, the director of aging, a regional long-term care ombudsman program, or the designee of the ombudsman, director, or program may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsman services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.38 of the Revised Code with respect to an individual who has applied for employment in a direct-care position, the chief administrator of a provider, as defined in section 173.39 of the Revised Code, may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that is not a direct-care position, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 3712.09 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to a pediatric respite care patient, the chief administrator of a pediatric respite care program may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care to a pediatric respite care patient, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, subject to division (E)(2) of this section, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric care patient" have the same meanings as in section 3712.01 of the Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(3)
"Registered private provider" means a nonpublic school or
entity registered with the superintendent
of public instruction department
of education and workforce under
section 3310.41 of the Revised Code to participate in the autism
scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;
(c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31 of the Revised Code.
(2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;
(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section;
(e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.
(4) On receipt of a request pursuant to section 2151.86 or 2151.904 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section.
(6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States.
(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.
(10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.
(11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that makes the person ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense, as applicable.
(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.
(13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following:
(a) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code;
(b) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.04 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the state board of pharmacy under Chapter 3796. of the Revised Code.
(14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following:
(a) A disqualifying offense as specified in rules adopted under division (B)(8)(a) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code;
(b) A disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.04 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the state board of pharmacy under Chapter 3796. of the Revised Code.
(15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state.
(16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.
(17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States.
(18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense.
(19) On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section and shall request information from the federal bureau of investigation to determine whether any information exists indicating that the person who is the subject of the request has been convicted of any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code.
(B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86 or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A) of this section. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.
(5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section:
(a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty;
(b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.
(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.
(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher.
(F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.
(2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
(4)
"Registered private provider" means a nonpublic school or
entity registered with the superintendent
of public instruction department
of education and workforce under
section 3310.41 of the Revised Code to participate in the autism
scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.
Sec. 109.64. The bureau of criminal identification and investigation shall prepare a periodic information bulletin concerning missing children whom it determines may be present in this state. The bureau shall compile the bulletin from information contained in the national crime information center computer. The bulletin shall indicate the names and addresses of these minors who are the subject of missing children cases and other information that the superintendent of the bureau considers appropriate. The bulletin shall contain a reminder to law enforcement agencies of their responsibilities under section 2901.30 of the Revised Code.
The bureau shall send a copy of each periodic information bulletin to the missing children clearinghouse established under section 109.65 of the Revised Code for use in connection with its responsibilities under division (E) of that section. Upon receipt of each periodic information bulletin from the bureau, the missing children clearinghouse shall send a copy of the bulletin to each sheriff, marshal, police department of a municipal corporation, police force of a township police district or joint police district, and township constable in this state, to the board of education of each school district in this state, and to each nonpublic school in this state. The bureau shall provide a copy of the bulletin, upon request, to other persons or entities. The superintendent of the bureau, with the approval of the attorney general, may establish a reasonable fee for a copy of a bulletin provided to persons or entities other than law enforcement agencies in this or other states or of the federal government, the department of education and workforce, governmental entities of this state, and libraries in this state. The superintendent shall deposit all such fees collected into the missing children fund created by section 109.65 of the Revised Code.
As used in this section, "missing children," "information," and "minor" have the same meanings as in section 2901.30 of the Revised Code.
Sec. 109.65. (A) As used in this section, "minor," "missing child," and "missing children" have the same meanings as in section 2901.30 of the Revised Code.
(B) There is hereby created within the office of the attorney general the missing children clearinghouse. The attorney general shall administer the clearinghouse. The clearinghouse is established as a central repository of information to coordinate and improve the availability of information regarding missing children, which information shall be collected and disseminated by the clearinghouse to assist in the location of missing children. The clearinghouse shall act as an information repository separate from and in addition to law enforcement agencies within this state.
(C) The missing children clearinghouse may perform any of the following functions:
(1) The establishment of services to aid in the location of missing children that include, but are not limited to, any of the following services:
(a) Assistance in the preparation and dissemination of flyers identifying and describing missing children and their abductors;
(b) The development of informational forms for the reporting of missing children that may be used by parents, guardians, and law enforcement officials to facilitate the location of a missing child;
(c) The provision of assistance to public and private organizations, boards of education, nonpublic schools, preschools, child care facilities, and law enforcement agencies in planning and implementing voluntary programs to fingerprint children.
(2) The establishment and operation of a toll-free telephone line for supplemental reports of missing children and reports of sightings of missing children;
(3) Upon the request of any person or entity and upon payment of any applicable fee established by the attorney general under division (H) of this section, the provision to the person or entity who makes the request of a copy of any information possessed by the clearinghouse that was acquired or prepared pursuant to division (E)(3) of this section;
(4) The performance of liaison services between individuals and public and private agencies regarding procedures for handling and responding to missing children reports;
(5) The participation as a member in any networks of other missing children centers or clearinghouses;
(6) The creation and operation of an intrastate network of communication designed for the speedy collection and processing of information concerning missing children.
(D) If a board of education is notified by school personnel that a missing child is attending any school under the board's jurisdiction, or if the principal or chief administrative officer of a nonpublic school is notified by school personnel that a missing child is attending that school, the board or the principal or chief administrative officer immediately shall give notice of that fact to the missing children clearinghouse and to the law enforcement agency with jurisdiction over the area where the missing child resides.
(E)(1) The attorney general, in cooperation with the department of job and family services, shall establish a "missing child educational program" within the missing children clearinghouse that shall perform the functions specified in divisions (E)(1) to (3) of this section. The program shall operate under the supervision and control of the attorney general in accordance with procedures that the attorney general shall develop to implement divisions (E)(1) to (3) of this section. The attorney general shall cooperate with the department of education and workforce in developing and disseminating information acquired or prepared pursuant to division (E)(3) of this section.
(2) Upon the request of any board of education in this state or any nonpublic school in this state, the missing child educational program shall provide to the board or school a reasonable number of copies of the information acquired or prepared pursuant to division (E)(3) of this section.
Upon the request of any board of education in this state or any nonpublic school in this state that, pursuant to section 3313.96 of the Revised Code, is developing an information program concerning missing children issues and matters, the missing child educational program shall provide to the board or nonpublic school assistance in developing the information program. The assistance may include, but is not limited to, the provision of any or all of the following:
(a) If the requesting entity is a board of education of a school district, sample policies on missing and exploited children issues to assist the board in complying with section 3313.205 of the Revised Code;
(b) Suggested safety curricula regarding missing children issues, including child safety and abduction prevention issues;
(c) Assistance in developing, with local law enforcement agencies, prosecuting attorneys, boards of education, school districts, and nonpublic schools, cooperative programs for fingerprinting children;
(d) Other assistance to further the goals of the program.
(3) The missing child educational program shall acquire or prepare informational materials relating to missing children issues and matters. These issues and matters include, but are not limited to, the following:
(a) The types of missing children;
(b) The reasons why and how minors become missing children, the potential adverse consequences of a minor becoming a missing child, and, in the case of minors who are considering running away from home or from the care, custody, and control of their parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or another person responsible for them, alternatives that may be available to address their concerns and problems;
(c) Offenses under federal law that could relate to missing children and other provisions of federal law that focus on missing children;
(d) Offenses under the Revised Code that could relate to missing children, including, but not limited to, kidnapping, abduction, unlawful restraint, child stealing, interference with custody, endangering children, domestic violence, abuse of a child and contributing to the dependency, neglect, unruliness, or delinquency of a child, sexual offenses, drug offenses, prostitution offenses, and obscenity offenses, and other provisions of the Revised Code that could relate to missing children;
(e) Legislation being considered by the general assembly, legislatures of other states, the congress of the United States, and political subdivisions in this or any other state to address missing children issues;
(f) Sources of information on missing children issues;
(g) State, local, federal, and private systems for locating and identifying missing children;
(h) Law enforcement agency programs, responsibilities, and investigative techniques in missing children matters;
(i) Efforts on the community level in this and other states, concerning missing children issues and matters, by governmental entities and private organizations;
(j) The identification of private organizations that, among their primary objectives, address missing children issues and matters;
(k) How to avoid becoming a missing child and what to do if one becomes a missing child;
(l) Efforts that schools, parents, and members of a community can undertake to reduce the risk that a minor will become a missing child and to quickly locate or identify a minor if he becomes a missing child, including, but not limited to, fingerprinting programs.
(F) Each year the missing children clearinghouse shall issue a report describing its performance of the functions specified in division (E) of this section and shall provide a copy of the report to the speaker of the house of representatives, the president of the senate, the governor, the superintendent of the bureau of criminal identification and investigation, and the director of job and family services.
(G) Any state agency or political subdivision of this state that operates a missing children program or a clearinghouse for information about missing children shall coordinate its activities with the missing children clearinghouse.
(H) The attorney general shall determine a reasonable fee to be charged for providing to any person or entity other than a state or local law enforcement agency of this or any other state, a law enforcement agency of the United States, a board of education of a school district in this state, a nonpublic school in this state, a governmental entity in this state, or a public library in this state, pursuant to division (A)(3) of this section, copies of any information acquired or prepared pursuant to division (E)(3) of this section. The attorney general shall collect the fee prior to sending or giving copies of any information to any person or entity for whom or which this division requires the fee to be charged and shall deposit the fee into the missing children fund created by division (I) of this section.
(I) There is hereby created in the state treasury the missing children fund that shall consist of all moneys awarded to the state by donation, gift, or bequest, all other moneys received for purposes of this section, and all fees collected pursuant to this section or section 109.64 of the Revised Code. The attorney general shall use the moneys in the missing children fund only for purposes of the office of the attorney general acquiring or preparing information pursuant to division (E)(3) of this section.
(J) The failure of the missing children clearinghouse to undertake any function or activity authorized in this section does not create a cause of action against the state.
Sec. 109.71. There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of ten members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; one member who represents a fraternal organization representing law enforcement officers; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education and workforce, trade and industrial education services, law enforcement training.
This section does not confer any arrest authority or any ability or authority to detain a person, write or issue any citation, or provide any disposition alternative, as granted under Chapter 2935. of the Revised Code.
Pursuant to division (A)(9) of section 101.82 of the Revised Code, the commission is exempt from the requirements of sections 101.82 to 101.87 of the Revised Code.
As used in sections 109.71 to 109.801 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations;
(2) A police officer who is employed by a railroad company and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013, a natural resources officer appointed pursuant to section 1501.24, a forest-fire investigator appointed pursuant to section 1503.09, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code;
(7) An employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(10) Veterans' homes police officers designated under section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(13) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(16) Investigators appointed by the auditor of state pursuant to section 117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code;
(17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended;
(20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code;
(21) A police officer who is employed by a bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, who has been appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of a state, county, municipal, or department of natural resources peace officer basic training program;
(22) An investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section;
(23) A state fire marshal law enforcement officer appointed under section 3737.22 of the Revised Code or a person serving as a state fire marshal law enforcement officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(24) A gaming agent employed under section 3772.03 of the Revised Code;
(25) An employee of the state board of pharmacy designated by the executive director of the board pursuant to section 4729.04 of the Revised Code to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder.
(B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code.
(E) "Tactical medical professional" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, nurse, or physician who is trained and certified in a nationally recognized tactical medical training program that is equivalent to "tactical combat casualty care" (TCCC) and "tactical emergency medical support" (TEMS) and who functions in the tactical or austere environment while attached to a law enforcement agency of either this state or a political subdivision of this state.
(F) "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code and "EMT" and "AEMT" have the same meanings as in section 4765.011 of the Revised Code.
(G) "Nurse" means any of the following:
(1) Any person who is licensed to practice nursing as a registered nurse by the board of nursing;
(2) Any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code;
(3) Any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code.
(H) "Physician" means a person who is licensed pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(I) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
Sec. 109.72. Ohio peace officer training commission member terms shall be for three years, commencing on the twentieth day of September and ending on the nineteenth day of September. Each member shall hold office from the date of appointment until the end of the term to which the member was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. An interim chairperson shall be appointed by the governor until such time as the commission elects a permanent chairperson.
Any member of the commission appointed pursuant to section 109.71 of the Revised Code as an incumbent sheriff, incumbent chief of police, representative of the state highway patrol, state department of education and workforce, federal bureau of investigation, and bureau of criminal identification and investigation, shall immediately, upon termination of holding such office, cease to be a member of the commission, and a successor shall be appointed.
The commission shall meet at least four times each year. Special meetings may be called by the chairperson and shall be called by the chairperson at the request of the attorney general or upon the written request of five members of the commission. The commission may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, that all recommendations by the commission to the attorney general pursuant to section 109.74 of the Revised Code shall require the affirmative vote of five members of the commission.
Membership on the commission does not constitute the holding of an office, and members of the commission shall not be required to take and file oaths of office before serving on the commission. The commission shall not exercise any portion of the sovereign power of the state.
The members of the commission shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
No member of the commission shall be disqualified from holding any public office or employment, nor shall the member forfeit any such office or employment, by reason of appointment to the commission, notwithstanding any general, special, or local law, ordinance, or city charter to the contrary.
Sec. 109.746. (A) The attorney general may prepare public awareness programs that are designed to educate potential victims of violations of section 2905.32 of the Revised Code and their families of the risks of becoming a victim of a violation of that section. The attorney general may prepare these programs with assistance from the department of health, the department of mental health and addiction services, the department of job and family services, and the department of education and workforce.
(B) Any organization, person, or other governmental agency with an interest and expertise in trafficking in persons may submit information or materials to the attorney general regarding the preparation of the programs and materials permitted under this section. The attorney general, in developing the programs and materials permitted by this section, shall consider any information submitted pursuant to this division.
Sec. 113.73. (A) The Ohio state and local government expenditure database shall include the following features:
(1) A searchable database of all expenditures;
(2) The ability to filter expenditures by the following categories:
(a) The category of expense;
(b) The Ohio administrative knowledge system accounting code for a specific good or service.
(3) The ability to search and filter by any of the factors listed in section 113.72 of the Revised Code;
(4) The ability to aggregate data contained in the database;
(5) The ability to determine the total amount of expenditures awarded to a supplier by a state entity;
(6) The ability to download information obtained through the database;
(7) A searchable database of state and school district employee salary and employment information.
(B) The information required under division (A)(7) of this section shall be provided by the department of administrative services or the department of education and workforce, as applicable.
Sec. 117.46. Each biennium the auditor of state shall conduct a minimum of four performance audits under this section. Except as otherwise provided in this section, at least two of the audits shall be of state agencies selected from a list comprised of the administrative departments listed in section 121.02 of the Revised Code and the department of education and workforce and at least two of the audits shall be of other state agencies. At the auditor of state's discretion, the auditor of state may also conduct performance audits of state institutions of higher education. The offices of the attorney general, auditor of state, governor, secretary of state, and treasurer of state and agencies of the legislative and judicial branches are not subject to an audit under this section.
The auditor shall select each agency or institution to be audited and shall determine whether to audit the entire agency or institution or a portion of the agency or institution by auditing one or more programs, offices, boards, councils, or other entities within that agency or institution. The auditor shall make the selection and determination in consultation with the governor and the speaker and minority leader of the house of representatives and president and minority leader of the senate.
An audit of a portion of an agency or institution shall be considered an audit of one agency or institution. The authority to audit a portion of an agency or institution in no way limits the auditor's ability to audit an entire agency or institution if it is in the best interest of the state.
The performance audits under this section shall be conducted pursuant to sections 117.01 and 117.13 of the Revised Code. In conducting a performance audit, the auditor of state shall determine the scope of the audit, but shall consider, if appropriate, supervisory and subordinate level operations in the agency or institution. A performance audit under this section shall not include review or evaluation of an institution's academic performance.
As used in this section and in sections 117.461, 117.462, 117.463, 117.47, 117.471, and 147.472 of the Revised Code, "state institution of higher education" has the meaning defined in section 3345.011 of the Revised Code.
Sec. 121.02. The following administrative departments and their respective directors are hereby created:
(A) The office of budget and management, which shall be administered by the director of budget and management;
(B) The department of commerce, which shall be administered by the director of commerce;
(C) The department of administrative services, which shall be administered by the director of administrative services;
(D) The department of transportation, which shall be administered by the director of transportation;
(E) The department of agriculture, which shall be administered by the director of agriculture;
(F) The department of natural resources, which shall be administered by the director of natural resources;
(G) The department of health, which shall be administered by the director of health;
(H) The department of job and family services, which shall be administered by the director of job and family services;
(I) Until July 1, 1997, the department of liquor control, which shall be administered by the director of liquor control;
(J) The department of public safety, which shall be administered by the director of public safety;
(K) The department of mental health and addiction services, which shall be administered by the director of mental health and addiction services;
(L) The department of developmental disabilities, which shall be administered by the director of developmental disabilities;
(M) The department of insurance, which shall be administered by the superintendent of insurance as director thereof;
(N) The department of development, which shall be administered by the director of development;
(O) The department of youth services, which shall be administered by the director of youth services;
(P) The department of rehabilitation and correction, which shall be administered by the director of rehabilitation and correction;
(Q) The environmental protection agency, which shall be administered by the director of environmental protection;
(R) The department of aging, which shall be administered by the director of aging;
(S) The department of veterans services, which shall be administered by the director of veterans services;
(T) The department of medicaid, which shall be administered by the medicaid director;
(U) The department of education and workforce, which shall be administered by the director of education and workforce.
The director of each department shall exercise the powers and perform the duties vested by law in such department.
Sec. 121.03. The following administrative department heads shall be appointed by the governor, with the advice and consent of the senate, and shall hold their offices during the term of the appointing governor, and are subject to removal at the pleasure of the governor.
(A) The director of budget and management;
(B) The director of commerce;
(C) The director of transportation;
(D) The director of agriculture;
(E) The director of job and family services;
(F) Until July 1, 1997, the director of liquor control;
(G) The director of public safety;
(H) The superintendent of insurance;
(I) The director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L) The director of natural resources;
(M) The director of mental health and addiction services;
(N) The director of developmental disabilities;
(O) The director of health;
(P) The director of youth services;
(Q) The director of rehabilitation and correction;
(R) The director of environmental protection;
(S) The director of aging;
(T) The administrator of workers' compensation who meets the qualifications required under division (A) of section 4121.121 of the Revised Code;
(U) The director of veterans services who meets the qualifications required under section 5902.01 of the Revised Code;
(V) The chancellor of higher education;
(W) The medicaid director;
(X) The director of education and workforce.
Sec. 121.35. (A) Subject to division (B) of this section, the following state agencies shall collaborate to revise and make more uniform the eligibility standards and eligibility determination procedures of programs the state agencies administer:
(1) The department of aging;
(2) The development services agency;
(3) The department of developmental disabilities;
(4) The department of education and workforce;
(5) The department of health;
(6) The department of job and family services;
(7) The department of medicaid;
(8) The department of mental health and addiction services;
(9) The opportunities for Ohioans with disabilities agency.
(B) In revising eligibility standards and eligibility determination procedures, a state agency shall not make any program's eligibility standards or eligibility determination procedures inconsistent with state or federal law. To the extent authorized by state and federal law, the revisions may provide for the state agencies to share administrative operations.
Sec.
121.37. (A)(1)
There is hereby created the Ohio family and children first cabinet
council. The council shall be composed of the superintendent
of public instructiondirector
of education and workforce,
the executive director of the opportunities for Ohioans with
disabilities agency, the medicaid director, and the directors of
youth services, job and family services, mental health and addiction
services, health, developmental disabilities, aging, rehabilitation
and correction, and budget and management. The chairperson of the
council shall be the governor or the governor's designee and shall
establish procedures for the council's internal control and
management.
The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children.
(2) In seeking to fulfill its purpose, the council may do any of the following:
(a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the coordination of service delivery to children;
(c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records identifying individual children are confidential and shall be disclosed only as provided by law;
(d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system;
(e) Enter into contracts with and administer grants to county family and children first councils, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children;
(f) Enter into contracts with and apply for grants from federal agencies or private organizations;
(g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds;
(h) Identify public and private funding sources for services provided to alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children, including regulations governing access to and use of the services;
(i) Collect information provided by local communities regarding successful programs for prevention, intervention, and treatment of unruly behavior, including evaluations of the programs;
(j) Identify and disseminate publications regarding alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children and regarding programs serving those types of children;
(k) Maintain an inventory of strategic planning facilitators for use by government or nonprofit entities that serve alleged or adjudicated unruly children or children who are at risk of being alleged or adjudicated unruly children.
(3) The cabinet council shall provide for the following:
(a) Reviews of service and treatment plans for children for which such reviews are requested;
(b) Assistance as the council determines to be necessary to meet the needs of children referred by county family and children first councils;
(c) Monitoring and supervision of a statewide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Individuals with Disabilities Education Act of 2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.
(4) The cabinet council shall develop and implement the following:
(a) An interagency process to select the indicators that will be used to measure progress toward increasing child well-being in the state and to update the indicators on an annual basis. The indicators shall focus on expectant parents and newborns thriving; infants and toddlers thriving; children being ready for school; children and youth succeeding in school; youth choosing healthy behaviors; and youth successfully transitioning into adulthood.
(b) An interagency system to offer guidance and monitor progress toward increasing child well-being in the state and in each county;
(c) An annual plan that identifies state-level agency efforts taken to ensure progress towards increasing child well-being in the state.
On an annual basis, the cabinet council shall submit to the governor and the general assembly a report on the status of efforts to increase child well-being in the state. This report shall be made available to any other person on request.
(B)(1) Each board of county commissioners shall establish a county family and children first council. The board may invite any local public or private agency or group that funds, advocates, or provides services to children and families to have a representative become a permanent or temporary member of its county council. Each county council must include the following individuals:
(a) At least three individuals who are not employed by an agency represented on the council and whose families are or have received services from an agency represented on the council or another county's council. Where possible, the number of members representing families shall be equal to twenty per cent of the council's membership.
(b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards. If a board of alcohol, drug addiction, and mental health services covers more than one county, the director may designate a person to participate on the county's council.
(c) The health commissioner, or the commissioner's designee, of the board of health of each city and general health district in the county. If the county has two or more health districts, the health commissioner membership may be limited to the commissioners of the two districts with the largest populations.
(d) The director of the county department of job and family services;
(e) The executive director of the public children services agency;
(f) The superintendent of the county board of developmental disabilities or, if the superintendent serves as superintendent of more than one county board of developmental disabilities, the superintendent's designee;
(g) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education and workforce, which shall notify each board of county commissioners of its determination at least biennially;
(h) A school superintendent representing all other school districts with territory in the county, as designated at a biennial meeting of the superintendents of those districts;
(i) A representative of the municipal corporation with the largest population in the county;
(j) The president of the board of county commissioners or an individual designated by the board;
(k) A representative of the department of youth services or an individual designated by the department;
(l) A representative of the county's head start agencies, as defined in section 3301.32 of the Revised Code;
(m) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Act of 2004";
(n) A representative of a local nonprofit entity that funds, advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties of the council, including those involving the funding of joint projects and those outlined in the county's service coordination mechanism implemented pursuant to division (C) of this section.
The cabinet council shall establish a state appeals process to resolve disputes among the members of a county council concerning whether reasonable responsibilities as members are being shared. The appeals process may be accessed only by a majority vote of the council members who are required to serve on the council. Upon appeal, the cabinet council may order that state funds for services to children and families be redirected to a county's board of county commissioners.
The county's juvenile court judge senior in service or another judge of the juvenile court designated by the administrative judge or, where there is no administrative judge, by the judge senior in service shall serve as the judicial advisor to the county family and children first council. The judge may advise the county council on the court's utilization of resources, services, or programs provided by the entities represented by the members of the county council and how those resources, services, or programs assist the court in its administration of justice. Service of a judge as a judicial advisor pursuant to this section is a judicial function.
(2) The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following:
(a) Referrals to the cabinet council of those children for whom the county council cannot provide adequate services;
(b) Development and implementation of a process that annually evaluates and prioritizes services, fills service gaps where possible, and invents new approaches to achieve better results for families and children;
(c) Participation in the development of a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Individuals with Disabilities Education Act of 2004";
(d) Maintenance of an accountability system to monitor the county council's progress in achieving results for families and children;
(e) Establishment of a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system.
(3) A county council shall develop and implement the following:
(a) An interagency process to establish local indicators and monitor the county's progress toward increasing child well-being in the county;
(b) An interagency process to identify local priorities to increase child well-being. The local priorities shall focus on expectant parents and newborns thriving; infants and toddlers thriving; children being ready for school; children and youth succeeding in school; youth choosing healthy behaviors; and youth successfully transitioning into adulthood and take into account the indicators established by the cabinet council under division (A)(4)(a) of this section.
(c) An annual plan that identifies the county's interagency efforts to increase child well-being in the county.
On an annual basis, the county council shall submit a report on the status of efforts by the county to increase child well-being in the county to the county's board of county commissioners and the cabinet council. This report shall be made available to any other person on request.
(4)(a) Except as provided in division (B)(4)(b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council whenever the county council performs a function subject to those rules or agreements.
(b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement an alternative program or approach for service delivery to families and children. The application shall describe the proposed program or approach and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program or approach is being implemented, including a reasonable period during which the program or approach is being evaluated for effectiveness.
(5)(a) Each county council shall designate an administrative agent for the council from among the following public entities: the board of alcohol, drug addiction, and mental health services, including a board of alcohol and drug addiction or a community mental health board if the county is served by separate boards; the board of county commissioners; any board of health of the county's city and general health districts; the county department of job and family services; the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code; the county board of developmental disabilities; any of the county's boards of education or governing boards of educational service centers; or the county's juvenile court. Any of the foregoing public entities, other than the board of county commissioners, may decline to serve as the council's administrative agent.
A county council's administrative agent shall serve as the council's appointing authority for any employees of the council. The council shall file an annual budget with its administrative agent, with copies filed with the county auditor and with the board of county commissioners, unless the board is serving as the council's administrative agent. The council's administrative agent shall ensure that all expenditures are handled in accordance with policies, procedures, and activities prescribed by state departments in rules or interagency agreements that are applicable to the council's functions.
The administrative agent of a county council shall send notice of a member's absence if a member listed in division (B)(1) of this section has been absent from either three consecutive meetings of the county council or a county council subcommittee, or from one-quarter of such meetings in a calendar year, whichever is less. The notice shall be sent to the board of county commissioners that establishes the county council and, for the members listed in divisions (B)(1)(b), (c), (e), and (l) of this section, to the governing board overseeing the respective entity; for the member listed in division (B)(1)(f) of this section, to the county board of developmental disabilities that employs the superintendent; for a member listed in division (B)(1)(g) or (h) of this section, to the school board that employs the superintendent; for the member listed in division (B)(1)(i) of this section, to the mayor of the municipal corporation; for the member listed in division (B)(1)(k) of this section, to the director of youth services; and for the member listed in division (B)(1)(n) of this section, to that member's board of trustees.
The administrative agent for a county council may do any of the following on behalf of the council:
(i) Enter into agreements or administer contracts with public or private entities to fulfill specific council business. Such agreements and contracts are exempt from the competitive bidding requirements of section 307.86 of the Revised Code if they have been approved by the county council and they are for the purchase of family and child welfare or child protection services or other social or job and family services for families and children. The approval of the county council is not required to exempt agreements or contracts entered into under section 5139.34, 5139.41, or 5139.43 of the Revised Code from the competitive bidding requirements of section 307.86 of the Revised Code.
(ii) As determined by the council, provide financial stipends, reimbursements, or both, to family representatives for expenses related to council activity;
(iii) Receive by gift, grant, devise, or bequest any moneys, lands, or other property for the purposes for which the council is established. The agent shall hold, apply, and dispose of the moneys, lands, or other property according to the terms of the gift, grant, devise, or bequest. Any interest or earnings shall be treated in the same manner and are subject to the same terms as the gift, grant, devise, or bequest from which it accrues.
(b)(i) If the county council designates the board of county commissioners as its administrative agent, the board may, by resolution, delegate any of its powers and duties as administrative agent to an executive committee the board establishes from the membership of the county council. The board shall name to the executive committee at least the individuals described in divisions (B)(1)(b) to (h) of this section and may appoint the president of the board or another individual as the chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council.
(ii) The executive committee may, with the approval of the board, hire an executive director to assist the county council in administering its powers and duties. The executive director shall serve in the unclassified civil service at the pleasure of the executive committee. The executive director may, with the approval of the executive committee, hire other employees as necessary to properly conduct the county council's business.
(iii) The board may require the executive committee to submit an annual budget to the board for approval and may amend or repeal the resolution that delegated to the executive committee its authority as the county council's administrative agent.
(6) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council.
(7) A board of county commissioners may approve a resolution by a majority vote of the board's members that requires the county council to submit a statement to the board each time the council proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families. The statement shall describe the proposed agreement, plan, or decision.
Not later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.
An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if it is approved by the board.
(C) Each county shall develop a county service coordination mechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the help me grow program, the service coordination mechanism shall be consistent with rules adopted by the department of health under section 3701.61 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. The mechanism shall be developed and approved with the participation of the county entities representing child welfare; developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council; and the county early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Act of 2004." The county shall establish an implementation schedule for the mechanism. The cabinet council may monitor the implementation and administration of each county's service coordination mechanism.
Each mechanism shall include all of the following:
(1) A procedure for an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the mechanism;
(2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to participate in all family service coordination plan meetings;
(3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting;
(4) A procedure for ensuring that a family service coordination plan meeting is conducted for each child who receives service coordination under the mechanism and for whom an emergency out-of-home placement has been made or for whom a nonemergency out-of-home placement is being considered. The meeting shall be conducted within ten days of an emergency out-of-home placement. The meeting shall be conducted before a nonemergency out-of-home placement. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment.
(5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education;
(6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan;
(7) A procedure for assessing the needs and strengths of any child or family that has been referred to the council for service coordination, including a child whose parent or custodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate;
(8) A procedure for development of a family service coordination plan described in division (D) of this section;
(9) A local dispute resolution process to serve as the process that must be used first to resolve disputes among the agencies represented on the county council concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, alleged unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The local dispute resolution process shall comply with sections 121.38, 121.381, and 121.382 of the Revised Code. The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code.
The cabinet council shall adopt rules in accordance with Chapter 119. of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a local dispute resolution process.
Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court regarding an out-of-home placement, long-term placement, or emergency out-of-home placement.
(D) Each county shall develop a family service coordination plan that does all of the following:
(1) Designates service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services;
(2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process;
(3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible.
(4) Includes a process for dealing with a child who is alleged to be an unruly child. The process shall include methods to divert the child from the juvenile court system;
(5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals;
(6) Includes a plan for dealing with short-term crisis situations and safety concerns.
(E)(1) The process provided for under division (D)(4) of this section may include, but is not limited to, the following:
(a) Designation of the person or agency to conduct the assessment of the child and the child's family as described in division (C)(7) of this section and designation of the instrument or instruments to be used to conduct the assessment;
(b) An emphasis on the personal responsibilities of the child and the parental responsibilities of the parents, guardian, or custodian of the child;
(c) Involvement of local law enforcement agencies and officials.
(2) The method to divert a child from the juvenile court system that must be included in the service coordination process may include, but is not limited to, the following:
(a) The preparation of a complaint under section 2151.27 of the Revised Code alleging that the child is an unruly child and notifying the child and the parents, guardian, or custodian that the complaint has been prepared to encourage the child and the parents, guardian, or custodian to comply with other methods to divert the child from the juvenile court system;
(b) Conducting a meeting with the child, the parents, guardian, or custodian, and other interested parties to determine the appropriate methods to divert the child from the juvenile court system;
(c) A method to provide to the child and the child's family a short-term respite from a short-term crisis situation involving a confrontation between the child and the parents, guardian, or custodian;
(d) A program to provide a mentor to the child or the parents, guardian, or custodian;
(e) A program to provide parenting education to the parents, guardian, or custodian;
(f) An alternative school program for children who are truant from school, repeatedly disruptive in school, or suspended or expelled from school;
(g) Other appropriate measures, including, but not limited to, any alternative methods to divert a child from the juvenile court system that are identified by the Ohio family and children first cabinet council.
(F) Each county may review and revise the service coordination process described in division (D) of this section based on the availability of funds under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, or to the extent resources are available from any other federal, state, or local funds.
Sec.
121.40. (A)
There is hereby created the Ohio commission on service and
volunteerism consisting of nineteen voting members including the
superintendent
of public instruction director
of education and workforce or
the superintendent's
director's
designee,
the chancellor of higher education or the chancellor's designee, the
director of youth services or the director's designee, the director
of aging or the director's designee, and fifteen members who shall be
appointed by the governor with the advice and consent of the senate
and who shall serve terms of office of three years. The appointees
shall include educators, including teachers and administrators;
representatives of youth organizations; students and parents;
representatives of organizations engaged in volunteer program
development and management throughout the state, including youth and
conservation programs; and representatives of business, government,
nonprofit organizations, social service agencies, veterans
organizations, religious organizations, or philanthropies that
support or encourage volunteerism within the state. The director of
the governor's office of faith-based and community initiatives shall
serve as a nonvoting ex officio member of the commission. Members of
the commission shall receive no compensation, but shall be reimbursed
for actual and necessary expenses incurred in the performance of
their official duties.
(B) The commission shall appoint an executive director for the commission, who shall be in the unclassified civil service. The governor shall be informed of the appointment of an executive director before such an appointment is made. The executive director shall supervise the commission's activities and report to the commission on the progress of those activities. The executive director shall do all things necessary for the efficient and effective implementation of the duties of the commission.
The responsibilities assigned to the executive director do not relieve the members of the commission from final responsibility for the proper performance of the requirements of this section.
(C) The commission or its designee shall do all of the following:
(1) Employ, promote, supervise, and remove all employees as needed in connection with the performance of its duties under this section and may assign duties to those employees as necessary to achieve the most efficient performance of its functions, and to that end may establish, change, or abolish positions, and assign and reassign duties and responsibilities of any employee of the commission. Personnel employed by the commission who are subject to Chapter 4117. of the Revised Code shall retain all of their rights and benefits conferred pursuant to that chapter. Nothing in this chapter shall be construed as eliminating or interfering with Chapter 4117. of the Revised Code or the rights and benefits conferred under that chapter to public employees or to any bargaining unit.
(2) Maintain its office in Columbus, and may hold sessions at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to house the commission, its employees, and files and records under its control, and to discharge any duty imposed upon it by law. The expense of these acquisitions shall be audited and paid for in the same manner as other state expenses. For that purpose, the commission shall prepare and submit to the office of budget and management a budget for each biennium according to sections 101.532 and 107.03 of the Revised Code. The budget submitted shall cover the costs of the commission and its staff in the discharge of any duty imposed upon the commission by law. The commission shall not delegate any authority to obligate funds.
(4) Pay its own payroll and other operating expenses from line items designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing authority. Any transaction instructions shall be certified by the appointing authority or its designee.
(6) Establish the overall policy and management of the commission in accordance with this chapter;
(7) Assist in coordinating and preparing the state application for funds under sections 101 to 184 of the "National and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A. 12411 to 12544, as amended, assist in administering and overseeing the "National and Community Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the americorps program in this state, and assist in developing objectives for a comprehensive strategy to encourage and expand community service programs throughout the state;
(8)
Assist the state
board department
of
education
and
workforce,
school districts, the chancellor of higher education, and
institutions of higher education in coordinating community service
education programs through cooperative efforts between institutions
and organizations in the public and private sectors;
(9) Assist the departments of natural resources, youth services, aging, and job and family services in coordinating community service programs through cooperative efforts between institutions and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are available to assist school districts, institutions of higher education, and the departments of natural resources, youth services, aging, and job and family services in the establishment of community service programs and assist in investigating sources of funding for implementing these programs;
(11)
Assist in evaluating the state's efforts in providing community
service programs using standards and methods that are consistent with
any statewide objectives for these programs and provide information
to the state
board department
of
education
and
workforce,
school districts, the chancellor of higher education, institutions of
higher education, and the departments of natural resources, youth
services, aging, and job and family services to guide them in making
decisions about these programs;
(12)
Assist the state
board department
of
education
and
workforce
in
complying with section 3301.70 of the Revised Code and the chancellor
of higher education in complying with division (B)(2) of section
3333.043 of the Revised Code.
(D) The commission shall in writing enter into an agreement with another state agency to serve as the commission's fiscal agent. Before entering into such an agreement, the commission shall inform the governor of the terms of the agreement and of the state agency designated to serve as the commission's fiscal agent. The fiscal agent shall be responsible for all the commission's fiscal matters and financial transactions, as specified in the agreement. Services to be provided by the fiscal agent include, but are not limited to, the following:
(1) Preparing and processing payroll and other personnel documents that the commission executes as the appointing authority;
(2) Maintaining ledgers of accounts and reports of account balances, and monitoring budgets and allotment plans in consultation with the commission; and
(3) Performing other routine support services that the fiscal agent considers appropriate to achieve efficiency.
(E)(1) The commission, in conjunction and consultation with the fiscal agent, has the following authority and responsibility relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal programs in which the commission is authorized to participate;
(b) Sole authority to expend funds from their accounts for programs and any other necessary expenses the commission may incur and its subgrantees may incur; and
(c) Responsibility to cooperate with and inform the fiscal agent fully of all financial transactions.
(2) The commission shall follow all state procurement, fiscal, human resources, statutory, and administrative rule requirements.
(3) The fiscal agent shall determine fees to be charged to the commission, which shall be in proportion to the services performed for the commission.
(4) The commission shall pay fees owed to the fiscal agent from a general revenue fund of the commission or from any other fund from which the operating expenses of the commission are paid. Any amounts set aside for a fiscal year for the payment of these fees shall be used only for the services performed for the commission by the fiscal agent in that fiscal year.
(F) The commission may accept and administer grants from any source, public or private, to carry out any of the commission's functions this section establishes.
Sec. 121.95. (A) As used in sections 121.95, 121.951, 121.952, 121.953, and 121.954 of the Revised Code, "state agency" means an administrative department created under section 121.02 of the Revised Code, an administrative department head appointed under section 121.03 of the Revised Code, and a state agency organized under an administrative department or administrative department head. "State agency" also includes the department of education and workforce, the state lottery commission, the Ohio casino control commission, the state racing commission, and the public utilities commission of Ohio. Rules adopted by an otherwise independent official or entity organized under a state agency shall be attributed to the agency under which the official or entity is organized for the purposes of sections 121.95, 121.951, 121.952, 121.953, and 121.954 of the Revised Code.
(B) Not later than December 31, 2019, a state agency shall review its existing rules to identify rules having one or more regulatory restrictions that require or prohibit an action and prepare a base inventory of the regulatory restrictions in its existing rules. Rules that include the words "shall," "must," "require," "shall not," "may not," and "prohibit" shall be considered to contain regulatory restrictions.
(C) In the base inventory, the state agency shall indicate all of the following concerning each regulatory restriction:
(1) A description of the regulatory restriction;
(2) The rule number of the rule in which the regulatory restriction appears;
(3) The statute under which the regulatory restriction was adopted;
(4) Whether state or federal law expressly and specifically requires the agency to adopt the regulatory restriction or the agency adopted the regulatory restriction under the agency's general authority;
(5) Whether removing the regulatory restriction would require a change to state or federal law, provided that removing a regulatory restriction adopted under a law granting the agency general authority shall be presumed not to require a change to state or federal law;
(6) Any other information the joint committee on agency rule review considers necessary.
(D) The state agency shall compute and state the total number of regulatory restrictions indicated in the base inventory, shall post the base inventory on its web site, and shall electronically transmit a copy of the inventory to the joint committee. The joint committee shall review the base inventory, then transmit it electronically to the speaker of the house of representatives and the president of the senate.
(E) The following types of rules or regulatory restrictions are not required to be included in a state agency's inventory of regulatory restrictions:
(1) An internal management rule;
(2) An emergency rule;
(3) A rule that state or federal law requires the state agency to adopt verbatim;
(4) A regulatory restriction contained in materials or documents incorporated by reference into a rule pursuant to sections 121.71 to 121.75 of the Revised Code;
(5) A rule adopted pursuant to section 1347.15 of the Revised Code;
(6) A rule concerning instant lottery games;
(7) A rule adopted by the Ohio casino control commission or the state lottery commission concerning sports gaming;
(8) Any other rule that is not subject to review under Chapter 106. of the Revised Code.
(F) Beginning on October 17, 2019, and ending on June 30, 2025, a state agency may not adopt a new regulatory restriction unless it simultaneously removes two or more other existing regulatory restrictions. The state agency may not satisfy this section by merging two or more existing regulatory restrictions into a single surviving regulatory restriction.
Sec. 124.15. (A) Board and commission members appointed prior to July 1, 1991, shall be paid a salary or wage in accordance with the following schedules of rates:
Schedule B
Pay Ranges and Step Values
|
|
1 |
2 |
3 |
4 |
5 |
6 |
|
A |
Range |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
B |
23 |
Hourly |
5.72 |
5.91 |
6.10 |
6.31 |
|
C |
|
Annually |
11897.60 |
12292.80 |
12688.00 |
13124.80 |
|
D |
|
|
Step 5 |
Step 6 |
|
|
|
E |
|
Hourly |
6.52 |
6.75 |
|
|
|
F |
|
Annually |
13561.60 |
14040.00 |
|
|
|
G |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
H |
24 |
Hourly |
6.00 |
6.20 |
6.41 |
6.63 |
|
I |
|
Annually |
12480.00 |
12896.00 |
13332.80 |
13790.40 |
|
J |
|
|
Step 5 |
Step 6 |
|
|
|
K |
|
Hourly |
6.87 |
7.10 |
|
|
|
L |
|
Annually |
14289.60 |
14768.00 |
|
|
|
M |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
N |
25 |
Hourly |
6.31 |
6.52 |
6.75 |
6.99 |
|
O |
|
Annually |
13124.80 |
13561.60 |
14040.00 |
14539.20 |
|
P |
|
|
Step 5 |
Step 6 |
|
|
|
Q |
|
Hourly |
7.23 |
7.41 |
|
|
|
R |
|
Annually |
15038.40 |
15412.80 |
|
|
|
S |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
T |
26 |
Hourly |
6.63 |
6.87 |
7.10 |
7.32 |
|
U |
|
Annually |
13790.40 |
14289.60 |
14768.00 |
15225.60 |
|
V |
|
|
Step 5 |
Step 6 |
|
|
|
W |
|
Hourly |
7.53 |
7.77 |
|
|
|
X |
|
Annually |
15662.40 |
16161.60 |
|
|
|
Y |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
Z |
27 |
Hourly |
6.99 |
7.23 |
7.41 |
7.64 |
|
AA |
|
Annually |
14534.20 |
15038.40 |
15412.80 |
15891.20 |
|
AB |
|
|
Step 5 |
Step 6 |
Step 7 |
|
|
AC |
|
Hourly |
7.88 |
8.15 |
8.46 |
|
|
AD |
|
Annually |
16390.40 |
16952.00 |
17596.80 |
|
|
AE |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
AF |
28 |
Hourly |
7.41 |
7.64 |
7.88 |
8.15 |
|
AG |
|
Annually |
15412.80 |
15891.20 |
16390.40 |
16952.00 |
|
AH |
|
|
Step 5 |
Step 6 |
Step 7 |
|
|
AI |
|
Hourly |
8.46 |
8.79 |
9.15 |
|
|
AJ |
|
Annually |
17596.80 |
18283.20 |
19032.00 |
|
|
AK |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
AL |
29 |
Hourly |
7.88 |
8.15 |
8.46 |
8.79 |
|
AM |
|
Annually |
16390.40 |
16952.00 |
17596.80 |
18283.20 |
|
AN |
|
|
Step 5 |
Step 6 |
Step 7 |
|
|
AO |
|
Hourly |
9.15 |
9.58 |
10.01 |
|
|
AP |
|
Annually |
19032.00 |
19926.40 |
20820.80 |
|
|
AQ |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
AR |
30 |
Hourly |
8.46 |
8.79 |
9.15 |
9.58 |
|
AS |
|
Annually |
17596.80 |
18283.20 |
19032.00 |
19926.40 |
|
AT |
|
|
Step 5 |
Step 6 |
Step 7 |
|
|
AU |
|
Hourly |
10.01 |
10.46 |
10.99 |
|
|
AV |
|
Annually |
20820.80 |
21756.80 |
22859.20 |
|
|
AW |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
AX |
31 |
Hourly |
9.15 |
9.58 |
10.01 |
10.46 |
|
AY |
|
Annually |
19032.00 |
19962.40 |
20820.80 |
21756.80 |
|
AZ |
|
|
Step 5 |
Step 6 |
Step 7 |
|
|
BA |
|
Hourly |
10.99 |
11.52 |
12.09 |
|
|
BB |
|
Annually |
22859.20 |
23961.60 |
25147.20 |
|
|
BC |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
BD |
32 |
Hourly |
10.01 |
10.46 |
10.99 |
11.52 |
|
BE |
|
Annually |
20820.80 |
21756.80 |
22859.20 |
23961.60 |
|
BF |
|
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
BG |
|
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
BH |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
BI |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
BJ |
33 |
Hourly |
10.99 |
11.52 |
12.09 |
12.68 |
|
BK |
|
Annually |
22859.20 |
23961.60 |
25147.20 |
26374.40 |
|
BL |
|
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
BM |
|
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
BN |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
BO |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
BP |
34 |
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
BQ |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
BR |
|
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
BS |
|
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
BT |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
BU |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
BV |
35 |
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
BW |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
BX |
|
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
BY |
|
Hourly |
16.11 |
16.91 |
17.73 |
18.62 |
|
BZ |
|
Annually |
33508.80 |
35172.80 |
36878.40 |
38729.60 |
|
CA |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
|
CB |
36 |
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
CC |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
CD |
|
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
CE |
|
Hourly |
17.73 |
18.62 |
19.54 |
20.51 |
|
CF |
|
Annually |
36878.40 |
38729.60 |
40643.20 |
42660.80 |
Schedule C
Pay Range and Values
|
|
1 |
2 |
3 |
4 |
|
A |
Range |
|
Minimum |
Maximum |
|
B |
41 |
Hourly |
10.44 |
15.72 |
|
C |
|
Annually |
21715.20 |
32697.60 |
|
D |
42 |
Hourly |
11.51 |
17.35 |
|
E |
|
Annually |
23940.80 |
36088.00 |
|
F |
43 |
Hourly |
12.68 |
19.12 |
|
G |
|
Annually |
26374.40 |
39769.60 |
|
H |
44 |
Hourly |
13.99 |
20.87 |
|
I |
|
Annually |
29099.20 |
43409.60 |
|
J |
45 |
Hourly |
15.44 |
22.80 |
|
K |
|
Annually |
32115.20 |
47424.00 |
|
L |
46 |
Hourly |
17.01 |
24.90 |
|
M |
|
Annually |
35380.80 |
51792.00 |
|
N |
47 |
Hourly |
18.75 |
27.18 |
|
O |
|
Annually |
39000.00 |
56534.40 |
|
P |
48 |
Hourly |
20.67 |
29.69 |
|
Q |
|
Annually |
42993.60 |
61755.20 |
|
R |
49 |
Hourly |
22.80 |
32.06 |
|
S |
|
Annually |
47424.00 |
66684.80 |
(B) The pay schedule of all employees shall be on a biweekly basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly basis for time worked, at the rates shown in division (A) of this section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this section or in section 124.152 of the Revised Code represent base rates of compensation and may be augmented by the provisions of section 124.181 of the Revised Code. In those cases where lodging, meals, laundry, or other personal services are furnished an employee in the service of the state, the actual costs or fair market value of the personal services shall be paid by the employee in such amounts and manner as determined by the director of administrative services and approved by the director of budget and management, and those personal services shall not be considered as a part of the employee's compensation. An appointing authority that appoints employees in the service of the state, with the approval of the director of administrative services and the director of budget and management, may establish payments to employees for uniforms, tools, equipment, and other requirements of the department and payments for the maintenance of them.
The director of administrative services may review collective bargaining agreements entered into under Chapter 4117. of the Revised Code that cover employees in the service of the state and determine whether certain benefits or payments provided to the employees covered by those agreements should also be provided to employees in the service of the state who are exempt from collective bargaining coverage and are paid in accordance with section 124.152 of the Revised Code or are listed in division (B)(2) or (4) of section 124.14 of the Revised Code. On completing the review, the director of administrative services, with the approval of the director of budget and management, may provide to some or all of these employees any payment or benefit, except for salary, contained in such a collective bargaining agreement even if it is similar to a payment or benefit already provided by law to some or all of these employees. Any payment or benefit so provided shall not exceed the highest level for that payment or benefit specified in such a collective bargaining agreement. The director of administrative services shall not provide, and the director of budget and management shall not approve, any payment or benefit to such an employee under this division unless the payment or benefit is provided pursuant to a collective bargaining agreement to a state employee who is in a position with similar duties as, is supervised by, or is employed by the same appointing authority as, the employee to whom the benefit or payment is to be provided.
As used in this division, "payment or benefit already provided by law" includes, but is not limited to, bereavement, personal, vacation, administrative, and sick leave, disability benefits, holiday pay, and pay supplements provided under the Revised Code, but does not include wages or salary.
(E) New employees paid in accordance with schedule B of division (A) of this section or schedule E-1 of section 124.152 of the Revised Code shall be employed at the minimum rate established for the range unless otherwise provided. Employees with qualifications that are beyond the minimum normally required for the position and that are determined by the director to be exceptional may be employed in, or may be transferred or promoted to, a position at an advanced step of the range. Further, in time of a serious labor market condition when it is relatively impossible to recruit employees at the minimum rate for a particular classification, the entrance rate may be set at an advanced step in the range by the director of administrative services. This rate may be limited to geographical regions of the state. Appointments made to an advanced step under the provision regarding exceptional qualifications shall not affect the step assignment of employees already serving. However, anytime the hiring rate of an entire classification is advanced to a higher step, all incumbents of that classification being paid at a step lower than that being used for hiring, shall be advanced beginning at the start of the first pay period thereafter to the new hiring rate, and any time accrued at the lower step will be used to calculate advancement to a succeeding step. If the hiring rate of a classification is increased for only a geographical region of the state, only incumbents who work in that geographical region shall be advanced to a higher step. When an employee in the unclassified service changes from one state position to another or is appointed to a position in the classified service, or if an employee in the classified service is appointed to a position in the unclassified service, the employee's salary or wage in the new position shall be determined in the same manner as if the employee were an employee in the classified service. When an employee in the unclassified service who is not eligible for step increases is appointed to a classification in the classified service under which step increases are provided, future step increases shall be based on the date on which the employee last received a pay increase. If the employee has not received an increase during the previous year, the date of the appointment to the classified service shall be used to determine the employee's annual step advancement eligibility date. In reassigning any employee to a classification resulting in a pay range increase or to a new pay range as a result of a promotion, an increase pay range adjustment, or other classification change resulting in a pay range increase, the director shall assign such employee to the step in the new pay range that will provide an increase of approximately four per cent if the new pay range can accommodate the increase. When an employee is being assigned to a classification or new pay range as the result of a class plan change, if the employee has completed a probationary period, the employee shall be placed in a step no lower than step two of the new pay range. If the employee has not completed a probationary period, the employee may be placed in step one of the new pay range. Such new salary or wage shall become effective on such date as the director determines.
(F) If employment conditions and the urgency of the work require such action, the director of administrative services may, upon the application of a department head, authorize payment at any rate established within the range for the class of work, for work of a casual or intermittent nature or on a project basis. Payment at such rates shall not be made to the same individual for more than three calendar months in any one calendar year. Any such action shall be subject to the approval of the director of budget and management as to the availability of funds. This section and sections 124.14 and 124.152 of the Revised Code do not repeal any authority of any department or public official to contract with or fix the compensation of professional persons who may be employed temporarily for work of a casual nature or for work on a project basis.
(G)(1) Except as provided in divisions (G)(2) and (3) of this section, each state employee paid in accordance with schedule B of this section or schedule E-1 of section 124.152 of the Revised Code shall be eligible for advancement to succeeding steps in the range for the employee's class or grade according to the schedule established in this division. Beginning on the first day of the pay period within which the employee completes the prescribed probationary period in the employee's classification with the state, each employee shall receive an automatic salary adjustment equivalent to the next higher step within the pay range for the employee's class or grade.
Except as provided in divisions (G)(2) and (3) of this section, each employee paid in accordance with schedule E-1 of section 124.152 of the Revised Code shall be eligible to advance to the next higher step until the employee reaches the top step in the range for the employee's class or grade, if the employee has maintained satisfactory performance in accordance with criteria established by the employee's appointing authority. Those step advancements shall not occur more frequently than once in any twelve-month period.
When an employee is promoted, the step entry date shall be set to account for a probationary period. When an employee is reassigned to a higher pay range, the step entry date shall be set to allow an employee who is not at the highest step of the range to receive a step advancement one year from the reassignment date. Step advancement shall not be affected by demotion. A promoted employee shall advance to the next higher step of the pay range on the first day of the pay period in which the required probationary period is completed. Step advancement shall become effective at the beginning of the pay period within which the employee attains the necessary length of service. Time spent on authorized leave of absence shall be counted for this purpose.
If determined to be in the best interest of the state service, the director of administrative services may, either statewide or in selected agencies, adjust the dates on which annual step advancements are received by employees paid in accordance with schedule E-1 of section 124.152 of the Revised Code.
(2)(a) There shall be a moratorium on annual step advancements under division (G)(1) of this section beginning June 21, 2009, through June 20, 2011. Step advancements shall resume with the pay period beginning June 21, 2011. Upon the resumption of step advancements, there shall be no retroactive step advancements for the period the moratorium was in effect. The moratorium shall not affect an employee's performance evaluation schedule.
An employee who begins a probationary period before June 21, 2009, shall advance to the next step in the employee's pay range at the end of probation, and then become subject to the moratorium. An employee who is hired, promoted, or reassigned to a higher pay range between June 21, 2009, through June 20, 2011, shall not advance to the next step in the employee's pay range until the next anniversary of the employee's date of hire, promotion, or reassignment that occurs on or after June 21, 2011.
(b) The moratorium under division (G)(2)(a) of this section shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2009.
(3) Employees in intermittent positions shall be employed at the minimum rate established for the pay range for their classification and are not eligible for step advancements.
(H) Employees in appointive managerial or professional positions paid in accordance with schedule C of this section or schedule E-2 of section 124.152 of the Revised Code may be appointed at any rate within the appropriate pay range. This rate of pay may be adjusted higher or lower within the respective pay range at any time the appointing authority so desires as long as the adjustment is based on the employee's ability to successfully administer those duties assigned to the employee. Salary adjustments shall not be made more frequently than once in any six-month period under this provision to incumbents holding the same position and classification.
(I) When an employee is assigned to duty outside this state, the employee may be compensated, upon request of the department head and with the approval of the director of administrative services, at a rate not to exceed fifty per cent in excess of the employee's current base rate for the period of time spent on that duty.
(J) Unless compensation for members of a board or commission is otherwise specifically provided by law, the director of administrative services shall establish the rate and method of payment for members of boards and commissions pursuant to the pay schedules listed in section 124.152 of the Revised Code.
(K) Regular full-time employees in positions assigned to classes within the instruction and education administration series under the job classification plans of the director of administrative services, except certificated employees on the instructional staff of the state school for the blind or the state school for the deaf, whose positions are scheduled to work on the basis of an academic year rather than a full calendar year, shall be paid according to the pay range assigned by the applicable job classification plan, but only during those pay periods included in the academic year of the school where the employee is located.
(1) Part-time or substitute teachers or those whose period of employment is other than the full academic year shall be compensated for the actual time worked at the rate established by this section.
(2) Employees governed by this division are exempt from sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining eligibility for step advancements as provided by division (G) of this section and for the purpose of determining eligibility for longevity pay supplements as provided by division (E) of section 124.181 of the Revised Code shall be computed on the basis of one full year of service for the completion of each academic year.
(L)
The superintendent of the state school for the deaf and the
superintendent of the state school for the blind shall, subject to
the approval of the superintendent
of public instructiondirector
of education and workforce,
carry out both of the following:
(1) Annually, between the first day of April and the last day of June, establish for the ensuing fiscal year a schedule of hourly rates for the compensation of each certificated employee on the instructional staff of that superintendent's respective school constructed as follows:
(a) Determine for each level of training, experience, and other professional qualification for which an hourly rate is set forth in the current schedule, the per cent that rate is of the rate set forth in such schedule for a teacher with a bachelor's degree and no experience. If there is more than one such rate for such a teacher, the lowest rate shall be used to make the computation.
(b) Determine which six city, local, and exempted village school districts with territory in Franklin county have in effect on, or have adopted by, the first day of April for the school year that begins on the ensuing first day of July, teacher salary schedules with the highest minimum salaries for a teacher with a bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by ten thousand five hundred sixty;
(d) Multiply each per cent determined in division (L)(1)(a) of this section by the quotient obtained in division (L)(1)(c) of this section;
(e) One hundred five per cent of each product thus obtained shall be the hourly rate for the corresponding level of training, experience, or other professional qualification in the schedule for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the instructional staff of the superintendent's respective school to an hourly rate on the schedule that is commensurate with the employee's training, experience, and other professional qualifications.
If an employee is employed on the basis of an academic year, the employee's annual salary shall be calculated by multiplying the employee's assigned hourly rate times one thousand seven hundred sixty. If an employee is not employed on the basis of an academic year, the employee's annual salary shall be calculated in accordance with the following formula:
(a) Multiply the number of days the employee is required to work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly installments. The amount of each installment shall be calculated by dividing the employee's annual salary by the number of biweekly installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply to an employee who is paid under this division.
As used in this division, "academic year" means the number of days in each school year that the schools are required to be open for instruction with pupils in attendance. Upon completing an academic year, an employee paid under this division shall be deemed to have completed one year of service. An employee paid under this division is eligible to receive a pay supplement under division (L)(1), (2), or (3) of section 124.181 of the Revised Code for which the employee qualifies, but is not eligible to receive a pay supplement under division (L)(4) or (5) of that section. An employee paid under this division is eligible to receive a pay supplement under division (L)(6) of section 124.181 of the Revised Code for which the employee qualifies, except that the supplement is not limited to a maximum of five per cent of the employee's regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt employees," as defined in section 124.152 of the Revised Code, who are paid under that section.
Notwithstanding any other provisions of this chapter, when an employee transfers between bargaining units or transfers out of or into a bargaining unit, the director of administrative services shall establish the employee's compensation and adjust the maximum leave accrual schedule as the director deems equitable.
Sec. 124.382. (A) As used in this section and sections 124.383, 124.386, 124.387, and 124.388 of the Revised Code:
(1) "Pay period" means the fourteen-day period of time during which the payroll is accumulated, as determined by the director of administrative services.
(2) "Active pay status" means the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave, sick leave, personal leave, bereavement leave, and administrative leave.
(3) "No pay status" means the conditions under which an employee is ineligible to receive pay and includes, but is not limited to, leave without pay, leave of absence, and disability leave.
(4) "Disability leave" means the leave granted pursuant to section 124.385 of the Revised Code.
(5) "Full-time permanent employee" means an employee whose regular hours of duty total eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time.
(6) "Base rate of pay" means the rate of pay established under schedule B or C of section 124.15 of the Revised Code or under schedule E-1 or schedule E-2 of section 124.152 of the Revised Code, plus any supplement provided under section 124.181 of the Revised Code, plus any supplements enacted into law which are added to schedule B or C of section 124.15 of the Revised Code or to schedule E-1 or schedule E-2 of section 124.152 of the Revised Code.
(7) "Part-time permanent employee" means an employee whose regular hours of duty total less than eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time.
(B) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management shall be credited with sick leave of three and one-tenth hours for each completed eighty hours of service, excluding overtime hours worked. Sick leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.
(C) Any sick leave credit provided pursuant to division (B) of this section, remaining as of the last day of the pay period preceding the first paycheck the employee receives in December, shall be converted pursuant to section 124.383 of the Revised Code.
(D) Employees may use sick leave, provided a credit balance is available, upon approval of the responsible administrative officer of the employing unit, for absence due to personal illness, pregnancy, injury, exposure to contagious disease that could be communicated to other employees, and illness, injury, or death in the employee's immediate family. When sick leave is used, it shall be deducted from the employee's credit on the basis of absence from previously scheduled work in such increments of an hour and at such a compensation rate as the director of administrative services determines. The appointing authority of each employing unit may require an employee to furnish a satisfactory, signed statement to justify the use of sick leave.
If, after having utilized the credit provided by this section, an employee utilizes sick leave that was accumulated prior to November 15, 1981, compensation for such sick leave used shall be at a rate as the director determines.
(E)(1) The previously accumulated sick leave balance of an employee who has been separated from the public service, for which separation payments pursuant to section 124.384 of the Revised Code have not been made, shall be placed to the employee's credit upon the employee's reemployment in the public service, if the reemployment takes place within ten years of the date on which the employee was last terminated from public service.
(2) The previously accumulated sick leave balance of an employee who has separated from a school district shall be placed to the employee's credit upon the employee's appointment as an unclassified employee of the state department of education and workforce, if all of the following apply:
(a) The employee accumulated the sick leave balance while employed by the school district.
(b) The employee did not receive any separation payments for the sick leave balance.
(c) The employee's employment with the department takes place within ten years after the date on which the employee separated from the school district.
(F) An employee who transfers from one public agency to another shall be credited with the unused balance of the employee's accumulated sick leave.
(G) The director of administrative services shall establish procedures to uniformly administer this section. No sick leave may be granted to a state employee upon or after the employee's retirement or termination of employment.
(H) As used in this division, "active payroll" means conditions under which an employee is in active pay status or eligible to receive pay for an approved leave of absence, including, but not limited to, occupational injury leave, disability leave, or workers' compensation.
(1) Employees who are in active payroll status on June 18, 2011, shall receive a one-time credit of additional sick leave in the pay period that begins on July 1, 2011. Full-time employees shall receive the lesser of either a one-time credit of thirty-two hours of additional sick leave or a one-time credit of additional sick leave equivalent to half the hours of personal leave the employee lost during the moratorium established under either division (A) of section 124.386 of the Revised Code or pursuant to a rule of the director of administrative services. Part-time employees shall receive a one-time credit of sixteen hours of additional sick leave.
(2) Employees who are not in active payroll status due to military leave or an absence taken in accordance with the federal "Family and Medical Leave Act" are eligible to receive the one-time additional sick leave credit.
(3) The one-time additional sick leave credit does not apply to employees of the supreme court, general assembly, legislative service commission, secretary of state, auditor of state, treasurer of state, or attorney general unless the supreme court, general assembly, legislative service commission, secretary of state, auditor of state, treasurer of state, or attorney general participated in the moratorium under division (H) or (I) of section 124.386 of the Revised Code and notifies in writing the director of administrative services on or before June 1, 2011, of the decision to participate in the one-time additional sick leave credit. Written notice under this division shall be signed by the appointing authority for employees of the supreme court, general assembly, or legislative service commission, as the case may be.
Sec. 124.384. (A) Except as otherwise provided in this section, employees whose salaries or wages are paid by warrant of the director of budget and management and who have accumulated sick leave under section 124.38 or 124.382 of the Revised Code shall be paid for a percentage of their accumulated balances, upon separation for any reason, including death but excluding retirement, at their last base rate of pay at the rate of one hour of pay for every two hours of accumulated balances. An employee who retires in accordance with any retirement plan offered by the state shall be paid upon retirement for each hour of the employee's accumulated sick leave balance at a rate of fifty-five per cent of the employee's last base rate of pay.
An employee serving in a temporary work level who elects to convert unused sick leave to cash shall do so at the base rate of pay of the employee's normal classification. If an employee dies, the employee's unused sick leave shall be paid in accordance with section 2113.04 of the Revised Code or to the employee's estate.
In order to be eligible for the payment authorized by this section, an employee shall have at least one year of state service and shall request all or a portion of that payment no later than three years after separation from state service. No person is eligible to receive all or a portion of the payment authorized by this section at any time later than three years after the person's separation from state service.
(B) A person initially employed on or after July 5, 1987, by a state agency in which the employees' salaries or wages are paid directly by warrant of the director of budget and management shall receive payment under this section only for sick leave accumulated while employed by state agencies in which the employees' salaries or wages are paid directly by warrant of the director of budget and management. Additionally, a person initially employed on or after July 5, 1987, but before October 1, 2017, by the state department of education and workforce as an unclassified employee shall receive payment under this section for sick leave placed to the employee's credit under division (E)(2) of section 124.382 of the Revised Code.
(C) For employees paid in accordance with section 124.152 of the Revised Code and those employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code, the director of administrative services, with the approval of the director of budget and management, may establish a plan for early payment of accrued sick leave and vacation leave.
Sec. 125.05. Except as provided in division (D) or (E) of this section, no state agency shall purchase any supplies or services except as provided in divisions (A) to (C) of this section.
(A) A state agency may, without competitive selection, make any purchase of supplies or services that cost less than fifty thousand dollars after complying with divisions (A) to (E) of section 125.035 of the Revised Code. The agency may make the purchase directly or may make the purchase from or through the department of administrative services, whichever the agency determines. The agency shall adopt written procedures consistent with the department's purchasing procedures and shall use those procedures when making purchases under this division.
Section 127.16 of the Revised Code does not apply to purchases made under this division.
(B) A state agency shall make purchases of supplies and services that cost fifty thousand dollars or more through the department of administrative services and the process provided in section 125.035 of the Revised Code, unless the department grants a waiver under division (D) or (E) of that section and a release and permit under division (G) of that section.
(C) An agency that has been granted a release and permit under division (G) of section 125.035 of the Revised Code to make a purchase may make the purchase without competitive selection if after making the purchase the cumulative purchase threshold as computed under division (E) of section 127.16 of the Revised Code would:
(1) Be exceeded and the controlling board approves the purchase;
(2) Not be exceeded and the department of administrative services approves the purchase.
(D) If the department of education and workforce or the Ohio education computer network determines that it can purchase software services or supplies for specified school districts at a price less than the price for which the districts could purchase the same software services or supplies for themselves, the department or network shall certify that fact to the department of administrative services and, acting as an agent for the specified school districts, shall make that purchase without following the provisions in divisions (A) to (D) of this section.
(E) When the purchase cost of personal protective equipment is less than fifty thousand dollars, a state agency shall comply with divisions (A) to (E) of section 125.035 of the Revised Code. If the purchase is not subject to the requirements of an applicable first or second requisite procurement program, the agency shall apply the same preferences in section 125.09 of the Revised Code when making the purchase. As used in this division, "personal protective equipment" means equipment worn to minimize exposure to hazards that cause workplace injuries and illnesses.
Sec. 125.13. (A) As used in this section:
(1) "Emergency medical service organization" has the same meaning as in section 4765.01 of the Revised Code.
(2) "Private fire company" has the same meaning as in section 9.60 of the Revised Code.
(B) Whenever a state agency has excess or surplus supplies, it shall notify the director of administrative services. On forms provided by the director, the state agency shall furnish to the director a list of its excess and surplus supplies, including the location of the supplies and whether the supplies are currently in the agency's control.
(C) Upon receipt of notification and at no cost to the state agency, the director of administrative services shall make arrangements for their disposition and shall take immediate control of a state agency's excess and surplus supplies, except for the following excess and surplus supplies:
(1) Excess or surplus supplies that have a value below the minimum value that the director establishes for excess and surplus supplies under division (F) of this section;
(2) Excess or surplus supplies that the director has authorized an agency to donate to a governmental agency, including, but not limited to, public schools and surplus computers and computer equipment transferred to a public school under division (G) of this section;
(3) Excess or surplus supplies that an agency trades in as full or partial payment when purchasing a replacement item;
(4) Hazardous property;
(5) Excess or surplus supplies that the director has authorized to be part of an interagency transfer;
(6) Excess or surplus supplies that are donated under division (H) of this section.
(D) The director shall inventory excess and surplus supplies in the director's control and post on a public web site a list of the supplies available for acquisition. The director may have the supplies repaired. The director shall not charge a fee for the collection or transportation of excess and surplus supplies.
(E) The director may do any of the following:
(1) Dispose of declared surplus or excess supplies in the director's control by sale, lease, donation, or transfer. If the director does so, the director shall dispose of those supplies in any of the following manners:
(a) To state agencies or by interagency trade;
(b) To state-supported or state-assisted institutions of higher education;
(c) To tax-supported agencies, municipal corporations, or other political subdivisions of this state, private fire companies, or private, nonprofit emergency medical service organizations;
(d)
To nonpublic elementary and secondary schools chartered by the state
board department
of
education
and
workforce
under
section 3301.16 of the Revised Code;
(e) To a nonprofit organization that is both exempt from federal income taxation under 26 U.S.C. 501(a) and (c)(3) and that receives funds from the state or has a contract with the state;
(f) To the general public by auction, sealed bid, sale, or negotiation.
(2) If the director has attempted to dispose of any declared surplus or excess motor vehicle that does not exceed four thousand five hundred dollars in value pursuant to divisions (E)(1)(a) to (c) of this section, donate the motor vehicle to a nonprofit organization exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting the transportation needs of participants in the Ohio works first program established under Chapter 5107. of the Revised Code and participants in the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code. The director may not donate a motor vehicle furnished to the state highway patrol to a nonprofit organization pursuant to this division.
(F) The director may adopt rules governing the sale, lease, or transfer of surplus and excess supplies in the director's control by public auction, sealed bid, sale, or negotiation, except that no employee of the disposing agency shall be allowed to purchase, lease, or receive any such supplies. The director may dispose of declared surplus or excess supplies, including motor vehicles, in the director's control as the director determines proper if such supplies cannot be disposed of pursuant to division (E) of this section. The director shall by rule establish a minimum value for excess and surplus supplies and prescribe procedures for a state agency to follow in disposing of excess and surplus supplies in its control that have a value below the minimum value established by the director.
(G) The director of administrative services may authorize any state agency to transfer surplus computers and computer equipment that are not needed by other state agencies directly to an accredited public school within the state. The computers and computer equipment may be repaired or refurbished prior to transfer. The state agency may charge a service fee to the public schools for the property not to exceed the direct cost of repairing or refurbishing it. The state agency shall deposit such funds into the account used for repair or refurbishment.
(H) Excess and surplus supplies of food shall be exempt from this section and may be donated directly to nonprofit food pantries and institutions without notification to the director of administrative services.
Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation, except as provided in divisions (G) and (H) of this section and in division (D) of section 3313.372 of the Revised Code, or as prescribed in section 3318.052 or 3318.44 of the Revised Code, or as provided in division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation.
(C)
A school district shall not submit to a vote of the electors the
question of the issuance of securities in an amount that will make
the district's net indebtedness after the issuance of the securities
exceed an amount equal to four per cent of its tax valuation, unless
the superintendent
of public instructiondirector
of education and workforce,
acting under policies adopted by the state
board department
of
education
and
workforce,
and the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the consents
shall be made at least one hundred twenty days prior to the election
at which the question is to be submitted.
The
superintendent
of public instruction director
of education and workforce shall
certify to the district the superintendent's
director's
and
the tax commissioner's decisions within thirty days after receipt of
the request for consents.
If
the electors do not approve the issuance of securities at the
election for which the superintendent
of public instruction director
of education and workforce and
tax commissioner consented to the submission of the question, the
school district may submit the same question to the electors on the
date that the next special election may be held under section 3501.01
of the Revised Code without submitting a new request for consent. If
the school district seeks to submit the same question at any other
subsequent election, the district shall first submit a new request
for consent in accordance with this division.
(D) In calculating the net indebtedness of a school district, none of the following shall be considered:
(1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district;
(4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section 3313.37 of the Revised Code to acquire computers and related hardware;
(7) Debt incurred under section 3318.042 of the Revised Code;
(8) Debt incurred under section 5705.2112 or 5705.2113 of the Revised Code by the fiscal board of a qualifying partnership of which the school district is a participating school district.
(E) A school district may become a special needs district as to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its school district to be a special needs district by determining both of the following:
(a) The student population is not being adequately serviced by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs.
(2)
The board of education shall certify a copy of that resolution to the
superintendent
of public instruction director
of education and workforce with
a statistical report showing all of the following:
(a) The history of and a projection of the growth of the tax valuation;
(b) The projected needs;
(c) The estimated cost of permanent improvements proposed to meet such projected needs.
(3)
The superintendent
of public instruction director
of education and workforce shall
certify the district as an approved special needs district if the
superintendent
director
finds
both of the following:
(a) The district does not have available sufficient additional funds from state or federal sources to meet the projected needs.
(b)
The projection of the potential average growth of tax valuation
during the next five years, according to the information certified to
the superintendent
director
and
any other information the superintendent
director
obtains,
indicates a likelihood of potential average growth of tax valuation
of the district during the next five years of an average of not less
than one and one-half per cent per year. The findings and
certification of the superintendent
director
shall
be conclusive.
(4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following:
(a) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities;
(b)
Twelve per cent of the sum of its tax valuation plus an amount that
is the product of multiplying that tax valuation by the percentage,
determined by the superintendent
of public instructiondirector
of education and workforce,
by which that tax valuation is projected to increase during the next
ten years.
(F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of its tax valuation, as provided in this division.
(1) A board of education, by resolution, may declare an emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of education may, by resolution, submit to the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the district, of permanent improvements to respond to the emergency need.
(3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section;
(b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least one hundred days prior to the election;
(c) The county auditor shall advise and, not later than ninety-five days before the election, confirm that advice by certification to, the board of education of the information required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its resolution and the information required by division (D) of section 133.18 of the Revised Code to the board of elections not less than ninety days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division.
(G)(1) The board of education may contract with an architect, professional engineer, or other person experienced in the design and implementation of energy conservation measures for an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, measurement and verification of energy savings, and debt service, forgone residual value of materials or equipment replaced by the energy conservation measure, as defined by the Ohio facilities construction commission, a baseline analysis of actual energy consumption data for the preceding three years with the utility baseline based on only the actual energy consumption data for the preceding twelve months, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the commission, would be reduced.
If the board finds after receiving the report that the amount of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and maintenance costs over the ensuing fifteen years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption.
The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(1) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district.
No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the installations, modifications, or remodeling have been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code.
No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district.
(2) The board of education may contract with a person experienced in the implementation of student transportation to produce a report that includes an analysis of and recommendations for the use of alternative fuel vehicles by school districts. The report shall include cost estimates detailing the return on investment over the life of the alternative fuel vehicles and environmental impact of alternative fuel vehicles. The report also shall include estimates of all costs associated with alternative fuel transportation, including facility modifications and vehicle purchase costs or conversion costs.
If the board finds after receiving the report that the amount of money the district would spend on purchasing alternative fuel vehicles or vehicle conversion is not likely to exceed the amount of money it would save in fuel and resultant operational and maintenance costs over the ensuing five years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the purchase of new alternative fuel vehicles or vehicle conversions for the purpose of reducing fuel costs.
The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(2) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district.
No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the purchase or conversion of alternative fuel vehicles has been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code.
No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district.
(3) The facilities construction commission shall approve the board's request provided that the following conditions are satisfied:
(a) The commission determines that the board's findings are reasonable.
(b) The request for approval is complete.
(c) If the request was submitted under division (G)(1) of this section, the installations, modifications, or remodeling are consistent with any project to construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities under sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised Code.
Upon receipt of the commission's approval, the district may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose specified in division (G)(1) or (2) of this section, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the district's tax valuation.
(4)(a) So long as any securities issued under division (G)(1) of this section remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to that division. Except as provided in division (G)(4)(b) of this section, the board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to such installations, modifications, or remodeling. The resultant operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission.
(b) If the facilities construction commission verifies that the certified annual reports submitted to the commission by a board of education under division (G)(4)(a) of this section fulfill the guarantee required under division (B) of section 3313.372 of the Revised Code for three consecutive years, the board of education shall no longer be subject to the annual reporting requirements of division (G)(4)(a) of this section.
(5) So long as any securities issued under division (G)(2) of this section remain outstanding, the board of education shall monitor the purchase of new alternative fuel vehicles or vehicle conversions pursuant to that division. The board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the purchase of new alternative fuel vehicles or vehicle conversions, the associated environmental impact, and return on investment. The resultant fuel and operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission.
(H)
With the consent of the superintendent
of public instructiondirector
of education and workforce,
a school district may incur without a vote of the electors net
indebtedness that exceeds the amounts stated in divisions (A) and (G)
of this section for the purpose of paying costs of permanent
improvements, if and to the extent that both of the following
conditions are satisfied:
(1)
The fiscal officer of the school district estimates that receipts of
the school district from payments made under or pursuant to
agreements entered into pursuant to section 725.02, 1728.10,
3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.45, 5709.57,
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the
Revised Code, or distributions under division (C) of section 5709.43
or division (B) of section 5709.47 of the Revised Code, or any
combination thereof, are, after accounting for any appropriate
coverage requirements, sufficient in time and amount, and are
committed by the proceedings, to pay the debt charges on the
securities issued to evidence that indebtedness and payable from
those receipts, and the taxing authority of the district confirms the
fiscal officer's estimate, which confirmation is approved by the
superintendent
of public instructiondirector
of education and workforce;
(2)
The fiscal officer of the school district certifies, and the taxing
authority of the district confirms, that the district, at the time of
the certification and confirmation, reasonably expects to have
sufficient revenue available for the purpose of operating such
permanent improvements for their intended purpose upon acquisition or
completion thereof, and the superintendent
of public instruction director
of education and workforce approves
the taxing authority's confirmation.
The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or the maximum maturity calculated under section 133.20 of the Revised Code.
(I)
A school district may incur net indebtedness by the issuance of
securities in accordance with the provisions of this chapter in
excess of the limit specified in division (B) or (C) of this section
when necessary to raise the school district portion of the basic
project cost and any additional funds necessary to participate in a
project under Chapter 3318. of the Revised Code, including the cost
of items designated by the facilities construction commission as
required locally funded initiatives, the cost of other locally funded
initiatives in an amount that does not exceed fifty per cent of the
district's portion of the basic project cost, and the cost for site
acquisition. A school district shall notify the superintendent
of public instruction director
of education and workforce whenever
that district will exceed either limit pursuant to this division.
(J) A school district whose portion of the basic project cost of its classroom facilities project under sections 3318.01 to 3318.20 of the Revised Code is greater than or equal to one hundred million dollars may incur without a vote of the electors net indebtedness in an amount up to two per cent of its tax valuation through the issuance of general obligation securities in order to generate all or part of the amount of its portion of the basic project cost if the controlling board has approved the facilities construction commission's conditional approval of the project under section 3318.04 of the Revised Code. The school district board and the Ohio facilities construction commission shall include the dedication of the proceeds of such securities in the agreement entered into under section 3318.08 of the Revised Code. No state moneys shall be released for a project to which this section applies until the proceeds of any bonds issued under this section that are dedicated for the payment of the school district portion of the project are first deposited into the school district's project construction fund.
Sec. 133.061. (A) This section applies only to a school district that satisfies all of the following conditions:
(1) The district, prior to June 30, 2007, undertook a classroom facilities project under section 3318.37 of the Revised Code.
(2) The district will undertake a subsequent classroom facilities project under section 3318.37 of the Revised Code that will consist of a single building housing grades six through twelve.
(3) The district's project described in division (A)(2) of this section will include locally funded initiatives that are not required by the Ohio facilities construction commission.
(4) The district's project described in division (A)(2) of this section will commence within two years after June 30, 2007.
(B) Notwithstanding any other provision of law to the contrary, a school district to which this section applies may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in excess of the limit specified in division (B) or (C) of section 133.06 of the Revised Code when necessary to raise the school district portion of the basic project cost and any additional funds necessary to participate in the classroom facilities project described in division (A)(2) of this section, including the cost of items designated by the Ohio facilities construction commission as required locally funded initiatives, the cost for site acquisition, and the cost of the locally funded initiatives that are not required by the commission described in division (A)(3) of this section, as long as the district's total net indebtedness after the issuance of those securities does not exceed one hundred twenty-five per cent of the limit prescribed in division (B) of section 133.06 of the Revised Code and the electors of the district approve the issuance of those securities.
The
facilities construction commission shall notify the superintendent
of public instruction director
of education and workforce whenever
a school district will exceed either limit pursuant to this section.
Sec. 135.142. (A) In addition to the investments authorized by section 135.14 of the Revised Code, any board of education, by a two-thirds vote of its members, may authorize the treasurer of the board of education to invest up to forty per cent of the interim moneys of the board, available for investment at any one time, in either of the following:
(1)
Commercial paper notes issued by any entity that is defined in
division
(D) of section 1705.01 or division
(E)
(K)
of
section 1706.01 of the Revised Code and has assets exceeding five
hundred million dollars, and to which notes all of the following
apply:
(a) The notes are rated at the time of purchase in the highest classification established by at least two nationally recognized standard rating services.
(b) The aggregate value of the notes does not exceed ten per cent of the aggregate value of the outstanding commercial paper of the issuing corporation.
(c) The notes mature no later than two hundred seventy days after purchase.
(d) The investment in commercial paper notes of a single issuer shall not exceed in the aggregate five per cent of interim moneys of the board available for investment at the time of purchase.
(2) Bankers' acceptances of banks that are insured by the federal deposit insurance corporation and that mature no later than one hundred eighty days after purchase.
(B) No investment authorized pursuant to division (A) of this section shall be made, whether or not authorized by a board of education, unless the treasurer of the board of education has completed additional training for making the types of investments authorized pursuant to division (A) of this section. The type and amount of such training shall be approved and may be conducted by or provided under the supervision of the treasurer of state.
(C)
The treasurer of the board of education shall prepare annually and
submit to the board of education, the
superintendent
of public instruction
director
of education and workforce,
and the auditor of state, on or before the thirty-first day of
August, a report listing each investment made pursuant to division
(A) of this section during the preceding fiscal year, income earned
from such investments, fees and commissions paid pursuant to division
(D) of this section, and any other information required by the board,
the
superintendent
director,
and the auditor of state.
(D) A board of education may make appropriations and expenditures for fees and commissions in connection with investments made pursuant to division (A) of this section.
(E)(1)
In addition to the investments authorized by section 135.14 of the
Revised Code and division (A) of this section, any board of education
that is a party to an agreement with the treasurer of state pursuant
to division (G) of section 135.143 of the Revised Code and that has
outstanding obligations issued under authority of section 133.10 of
the Revised Code may authorize the treasurer of the board of
education to invest interim moneys of the board in debt interests
rated in either of the two highest rating classifications by at least
two nationally recognized standard rating services and issued by
entities that are defined in division
(D) of section 1705.01 or division
(E)
(K)
of
section 1706.01 of the Revised Code. The debt interests purchased
under authority of division (E) of this section shall mature not
later than the latest maturity date of the outstanding obligations
issued under authority of section 133.10 or 133.301 of the Revised
Code.
(2) If any of the debt interests acquired under division (E)(1) of this section ceases to be rated as there required, its issuer shall notify the treasurer of state of this fact within twenty-four hours. At any time thereafter the treasurer of state may require collateralization at the rate of one hundred two per cent of any remaining obligation of the entity, with securities authorized for investment under section 135.143 of the Revised Code. The collateral shall be delivered to and held by a custodian acceptable to the treasurer of state, marked to market daily, and any default to be cured within twelve hours. Unlimited substitution shall be allowed of comparable securities.
Sec. 149.331. The state records program of the department of administrative services shall do all of the following:
(A) Establish and promulgate in consultation with the state archivist standards, procedures, and techniques for the effective management of state records;
(B) Review applications for one-time records disposal and schedules of records retention and destruction submitted by state agencies in accordance with section 149.333 of the Revised Code;
(C) Establish "general schedules" proposing the disposal, after the lapse of specified periods of time, of records of specified form or character common to several or all agencies that either have accumulated or may accumulate in such agencies and that apparently will not, after the lapse of the periods specified, have sufficient administrative, legal, fiscal, or other value to warrant their further preservation by the state;
(D) Establish and maintain a records management training program, and provide a basic consulting service, for personnel involved in record-making and record-keeping functions of departments, offices, and institutions;
(E) Provide for the disposition of any remaining records of any state agency, board, or commission, whether in the executive, judicial, or legislative branch of government, that has terminated its operations. After the closing of the Ohio veterans' children's home, the resident records of the home and the resident records of the home when it was known as the soldiers' and sailors' orphans' home required to be maintained by approved records retention schedules shall be administered by the state department of education and workforce pursuant to this chapter, the administrative records of the home required to be maintained by approved records retention schedules shall be administered by the department of administrative services pursuant to this chapter, and historical records of the home shall be transferred to an appropriate archival institution in this state prescribed by the state records program.
(F) Establish a centralized program coordinating micrographics standards, training, and services for the benefit of all state agencies;
(G) Establish and publish in accordance with the applicable law necessary procedures and rules for the retention and disposal of state records.
This section does not apply to the records of state-supported institutions of higher education, which shall keep their own records.
Sec. 175.30. As used in sections 175.30 to 175.32 of the Revised Code:
(A) "First home" or "home" means the first residential real property located in this state to be purchased by a recipient who has not owned or had an ownership interest in a principal residence in the three years prior to the purchase.
(B) "Graduate" means an individual who has graduated from an institution of higher education and who is eligible under division (B) of section 175.31 of the Revised Code to apply for a grant, financial assistance, or down payment assistance awarded under the grants for grads program.
(C)
"Institution of higher education" means a state university
or college located in this state, a private college or university
located in this state that possesses a certificate of authorization
issued by the Ohio
board of regents chancellor
of higher education under
Chapter 1713. of the Revised Code, or an accredited college or
university located outside this state that is accredited by an
accrediting organization or professional accrediting association
recognized by the
Ohio
board of regents
chancellor.
(D) "Ohio resident" means any of the following:
(1)
An individual who was a resident of this state at the time of the
individual's graduation from an Ohio public or nonpublic high school
that is approved by the state
board department
of
education
and
workforce,
and who is a resident of this state at the time of applying for the
program;
(2)
An individual who was a resident of this state at the time of
completing, through the twelfth-grade level, a home study program
approved by the state
board department
of
education
and
workforce,
and who is a resident of this state at the time of applying for the
program;
(3) An individual whose parent was a resident of this state at the time of the individual's graduation from high school, and who graduated from either of the following:
(a)
An out-of-state high school that was accredited by a regional
accrediting organization recognized by the United States department
of education and met standards at least equivalent to those adopted
by the state
board director
of
education
and
workforce
for
approval of nonpublic schools in this state;
(b) A high school approved by the United States department of defense.
(E) "Program" means the grants for grads program created under section 175.31 of the Revised Code.
(F) "Recipient" means an individual who has been awarded a grant or has received financial assistance or down payment assistance under the program.
Sec. 197.04. (A) The Holocaust and genocide memorial and education commission shall consist of fifteen members as follows:
(1) Two members shall be members of the house of representatives appointed by the governor after consultation with the speaker of the house of representatives, with one member being from the majority party and one member being from the minority party, to serve a term of the remainder of the general assembly during which the representative is appointed.
(2) Two members shall be members of the senate appointed by the governor after consultation with the president of the senate, with one member being from the majority party and one member being from the minority party, to serve a term of the remainder of the general assembly during which the senator is appointed.
(3) Three nonvoting ex officio members, to serve until the ex officio member ceases to hold the applicable office:
(a)
The superintendent
of public instructiondirector
of education and workforce;
(b) The chancellor of higher education;
(c) The director of veterans services.
(4) Eight members shall be appointed by the governor with the advice and consent of the senate, to serve a term of three years, as follows:
(a) At least three members shall be involved in Holocaust and genocide memorial and education or have a personal connection or experience with the Holocaust or genocide.
(b) At least three members shall have expertise regarding the Holocaust and investigation, analysis, or research regarding genocide.
(B) Vacancies shall be filled in the manner provided under division (A) of this section. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
Sec. 319.301. (A) The reductions required by division (D) of this section do not apply to any of the following:
(1) Taxes levied at whatever rate is required to produce a specified amount of tax money, including a tax levied under section 5705.199 or 5748.09 of the Revised Code, or an amount to pay debt charges;
(2) Taxes levied within the one per cent limitation imposed by Section 2 of Article XII, Ohio Constitution;
(3) Taxes provided for by the charter of a municipal corporation.
(B) As used in this section:
(1) "Real property" includes real property owned by a railroad.
(2) "Carryover property" means all real property on the current year's tax list except:
(a) Land and improvements that were not taxed by the district in both the preceding year and the current year;
(b) Land and improvements that were not in the same class in both the preceding year and the current year.
(3) "Effective tax rate" means with respect to each class of property:
(a) The sum of the total taxes that would have been charged and payable for current expenses against real property in that class if each of the district's taxes were reduced for the current year under division (D)(1) of this section without regard to the application of division (E)(3) of this section divided by
(b) The taxable value of all real property in that class.
(4) "Taxes charged and payable" means the taxes charged and payable prior to any reduction required by section 319.302 of the Revised Code.
(C) The tax commissioner shall make the determinations required by this section each year, without regard to whether a taxing district has territory in a county to which section 5715.24 of the Revised Code applies for that year. Separate determinations shall be made for each of the two classes established pursuant to section 5713.041 of the Revised Code.
(D) With respect to each tax authorized to be levied by each taxing district, the tax commissioner, annually, shall do both of the following:
(1) Determine by what percentage, if any, the sums levied by such tax against the carryover property in each class would have to be reduced for the tax to levy the same number of dollars against such property in that class in the current year as were charged against such property by such tax in the preceding year subsequent to the reduction made under this section but before the reduction made under section 319.302 of the Revised Code. In the case of a tax levied for the first time that is not a renewal of an existing tax, the commissioner shall determine by what percentage the sums that would otherwise be levied by such tax against carryover property in each class would have to be reduced to equal the amount that would have been levied if the full rate thereof had been imposed against the total taxable value of such property in the preceding tax year. A tax or portion of a tax that is designated a replacement levy under section 5705.192 of the Revised Code is not a renewal of an existing tax for purposes of this division.
(2) Certify each percentage determined in division (D)(1) of this section, as adjusted under division (E) of this section, and the class of property to which that percentage applies to the auditor of each county in which the district has territory. The auditor, after complying with section 319.30 of the Revised Code, shall reduce the sum to be levied by such tax against each parcel of real property in the district by the percentage so certified for its class. Certification shall be made by the first day of September except in the case of a tax levied for the first time, in which case certification shall be made within fifteen days of the date the county auditor submits the information necessary to make the required determination.
(E)(1) As used in division (E)(2) of this section, "pre-1982 joint vocational taxes" means, with respect to a class of property, the difference between the following amounts:
(a) The taxes charged and payable in tax year 1981 against the property in that class for the current expenses of the joint vocational school district of which the school district is a part after making all reductions under this section;
(b) Two-tenths of one per cent of the taxable value of all real property in that class.
If the amount in division (E)(1)(b) of this section exceeds the amount in division (E)(1)(a) of this section, the pre-1982 joint vocational taxes shall be zero.
As used in divisions (E)(2) and (3) of this section, "taxes charged and payable" has the same meaning as in division (B)(4) of this section and excludes any tax charged and payable in 1985 or thereafter under sections 5705.194 to 5705.197 or section 5705.199, 5705.213, 5705.219, or 5748.09 of the Revised Code.
(2) If in the case of a school district other than a joint vocational or cooperative education school district any percentage required to be used in division (D)(2) of this section for either class of property could cause the total taxes charged and payable for current expenses to be less than two per cent of the taxable value of all real property in that class that is subject to taxation by the district, the commissioner shall determine what percentages would cause the district's total taxes charged and payable for current expenses against that class, after all reductions that would otherwise be made under this section, to equal, when combined with the pre-1982 joint vocational taxes against that class, the lesser of the following:
(a) The sum of the rates at which those taxes are authorized to be levied;
(b) Two per cent of the taxable value of the property in that class. The auditor shall use such percentages in making the reduction required by this section for that class.
(3) If in the case of a joint vocational school district any percentage required to be used in division (D)(2) of this section for either class of property could cause the total taxes charged and payable for current expenses for that class to be less than two-tenths of one per cent of the taxable value of that class, the commissioner shall determine what percentages would cause the district's total taxes charged and payable for current expenses for that class, after all reductions that would otherwise be made under this section, to equal that amount. The auditor shall use such percentages in making the reductions required by this section for that class.
(F) No reduction shall be made under this section in the rate at which any tax is levied.
(G) The commissioner may order a county auditor to furnish any information the commissioner needs to make the determinations required under division (D) or (E) of this section, and the auditor shall supply the information in the form and by the date specified in the order. If the auditor fails to comply with an order issued under this division, except for good cause as determined by the commissioner, the commissioner shall withhold from such county or taxing district therein fifty per cent of state revenues to local governments pursuant to section 5747.50 of the Revised Code or shall direct the department of education and workforce to withhold therefrom fifty per cent of state revenues to school districts pursuant to Chapter 3317. of the Revised Code. The commissioner shall withhold the distribution of such revenues until the county auditor has complied with this division, and the department shall withhold the distribution of such revenues until the commissioner has notified the department that the county auditor has complied with this division.
(H) If the commissioner is unable to certify a tax reduction factor for either class of property in a taxing district located in more than one county by the last day of November because information required under division (G) of this section is unavailable, the commissioner may compute and certify an estimated tax reduction factor for that district for that class. The estimated factor shall be based upon an estimate of the unavailable information. Upon receipt of the actual information for a taxing district that received an estimated tax reduction factor, the commissioner shall compute the actual tax reduction factor and use that factor to compute the taxes that should have been charged and payable against each parcel of property for the year for which the estimated reduction factor was used. The amount by which the estimated factor resulted in an overpayment or underpayment in taxes on any parcel shall be added to or subtracted from the amount due on that parcel in the ensuing tax year.
A percentage or a tax reduction factor determined or computed by the commissioner under this section shall be used solely for the purpose of reducing the sums to be levied by the tax to which it applies for the year for which it was determined or computed. It shall not be used in making any tax computations for any ensuing tax year.
(I) In making the determinations under division (D)(1) of this section, the tax commissioner shall take account of changes in the taxable value of carryover property resulting from complaints filed under section 5715.19 of the Revised Code for determinations made for the tax year in which such changes are reported to the commissioner. Such changes shall be reported to the commissioner on the first abstract of real property filed with the commissioner under section 5715.23 of the Revised Code following the date on which the complaint is finally determined by the board of revision or by a court or other authority with jurisdiction on appeal. The tax commissioner shall account for such changes in making the determinations only for the tax year in which the change in valuation is reported. Such a valuation change shall not be used to recompute the percentages determined under division (D)(1) of this section for any prior tax year.
Sec. 901.71. (A) There is hereby created the advisory committee on livestock exhibitions consisting of not more than twenty-one members, as follows:
(1) The director of agriculture, or the director's designee;
(2) The state veterinarian, or the state veterinarian's designee;
(3)
A representative of the Ohio cattlemen's association, the Ohio
purebred dairy cattle association, the Ohio pork producers council,
the Ohio poultry association, the Ohio sheep improvement association,
the Ohio fair managers association, the Ohio farm bureau federation,
the Ohio farmers union, the Ohio department of education's
education
and workforce's agricultural
education service, the Ohio state university extension, the national
farmers organization, and the Ohio state grange, or their designees.
Each of these members shall be chosen by the organization the member
represents.
(4) The chairperson of the Ohio expositions commission, or the chairperson's designee;
(5) Three persons who shall be appointed by the director, each of whom shall serve as a member of a board of directors of a county or independent agricultural society organized under section 1711.01 or 1711.02 of the Revised Code. Of the initial appointments made by the director, one shall be for a term ending on December 31, 1996; one shall be for a term ending on December 31, 1997; and one shall be for a term ending on December 31, 1998.
(6) Not more than three additional members appointed at the option of the director. If the director appoints one or more additional members, the first additional appointment shall be for a term ending on December 31, 1996, the second additional appointment shall be for a term ending on December 31, 1997, and the third additional appointment shall be for a term ending on December 31, 1998.
Following the completion of the initial terms of the appointments made by the director, each term of office shall be three years, commencing on the first day of January and ending on the thirty-first day of December. A member appointed by the director shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the unexpired term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of ninety days has elapsed, whichever occurs first.
Members may be removed from the committee only for misfeasance, malfeasance, or nonfeasance. A vacancy on the committee shall not impair the right of the other members to exercise all of the functions of the committee. A simple majority constitutes a quorum for the conduct of business of the committee. On request, each member shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member's duties as a committee member.
(B) The committee shall be considered a part of the department of agriculture for the administrative purposes required by this section, including the payment of expenses authorized to each member of the committee under this section. The director or the director's designee shall serve as chairperson of the committee. The director shall designate an employee or official of the department to act as the secretary of the committee. The secretary shall keep the minutes of the committee's meetings and a permanent journal of all meetings, proceedings, findings, determinations, and recommendations of the committee, including an itemized statement of the expenses allowed to each member of the committee under this section. The committee may request from the director, and the director shall provide, meeting space, assistance, services, and information to enable the committee to carry out its duties.
(C) The committee shall meet at least once annually after the fifteenth day of October and before the first day of December. The committee may meet at other times as the chairperson or a majority of the committee members considers appropriate, provided the chairperson gives members written notice of any meeting at least seven days prior to the meeting.
(D) The committee may propose rules and may advise and counsel the director on all matters relating to the administration of exhibitions and any other matters that the committee and the director consider appropriate in carrying out sections 901.71 to 901.76 of the Revised Code.
Sec. 921.06. (A)(1) No individual shall do any of the following without having a commercial applicator license issued by the director of agriculture:
(a) Apply pesticides for a pesticide business without direct supervision;
(b) Apply pesticides as part of the individual's duties while acting as an employee of the United States government, a state, county, township, or municipal corporation, or a park district, port authority, or sanitary district created under Chapter 1545., 4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of this section does not apply to a private applicator or an immediate family member or a subordinate employee of a private applicator who is acting under the direct supervision of that private applicator.
(d) If the individual is the owner of a business other than a pesticide business or an employee of such an owner, apply pesticides at any of the following publicly accessible sites that are located on the property:
(i) Food service operations that are licensed under Chapter 3717. of the Revised Code;
(ii) Retail food establishments that are licensed under Chapter 3717. of the Revised Code;
(iii) Golf courses;
(iv) Rental properties of more than four apartment units at one location;
(v) Hospitals or medical facilities as defined in section 3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers as defined in section 5104.01 of the Revised Code;
(vii)
Facilities owned or operated by a school district established under
Chapter 3311. of the Revised Code, including an educational service
center, a community school established under Chapter 3314. of the
Revised Code, or a chartered or nonchartered nonpublic school that
meets minimum standards established by the state
board director
of
education
and
workforce;
(viii) State institutions of higher education as defined in section 3345.011 of the Revised Code, nonprofit institutions holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code, institutions holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code, and private institutions exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code;
(ix) Food processing establishments as defined in section 3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply to an individual who is acting as a trained serviceperson under the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. The fee for each such license shall be established by rule. If a license is not issued or renewed, the application fee shall be retained by the state as payment for the reasonable expense of processing the application. The director shall by rule classify by pesticide-use category licenses to be issued under this section. A single license may include more than one pesticide-use category. No individual shall be required to pay an additional license fee if the individual is licensed for more than one category.
The fee for each license or renewal does not apply to an applicant who is an employee of the department of agriculture whose job duties require licensure as a commercial applicator as a condition of employment.
(B) Application for a commercial applicator license shall be made on a form prescribed by the director. Each application for a license shall state the pesticide-use category or categories of license for which the applicant is applying and other information that the director determines essential to the administration of this chapter.
(C) If the director finds that the applicant is competent to apply pesticides and conduct diagnostic inspections and that the applicant has passed both the general examination and each applicable pesticide-use category examination as required under division (A) of section 921.12 of the Revised Code, the director shall issue a commercial applicator license limited to the pesticide-use category or categories for which the applicant is found to be competent. If the director rejects an application, the director may explain why the application was rejected, describe the additional requirements necessary for the applicant to obtain a license, and return the application. The applicant may resubmit the application without payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be deemed to hold a private applicator's license for purposes of applying pesticides on agricultural commodities that are produced by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in the pesticide-use category or categories in which the applicator is licensed under this chapter.
(E) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is applicable that has jurisdiction under this chapter and Chapter 2152. of the Revised Code:
(a) The division of the court of common pleas specified in section 2101.022 or 2301.03 of the Revised Code as having jurisdiction under this chapter and Chapter 2152. of the Revised Code or as being the juvenile division or the juvenile division combined with one or more other divisions;
(b) The juvenile court of Cuyahoga county or Hamilton county that is separately and independently created by section 2151.08 or Chapter 2153. of the Revised Code and that has jurisdiction under this chapter and Chapter 2152. of the Revised Code;
(c) If division (A)(1)(a) or (b) of this section does not apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as defined in section 5103.02 of the Revised Code, that is certified under section 5103.03 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, organization, association, or society certified by the department of job and family services that does not accept temporary or permanent legal custody of children, that is privately operated in this state, and that does one or more of the following:
(a) Receives and cares for children for two or more consecutive weeks;
(b) Participates in the placement of children in certified foster homes;
(c) Provides adoption services in conjunction with a public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's parent or parents, guardian, or custodian of adequate food, clothing, and shelter to ensure the child's health and physical safety and the provision by a child's parent or parents of specialized services warranted by the child's physical or mental needs.
(2) "Adult" means an individual who is eighteen years of age or older.
(3) "Agreement for temporary custody" means a voluntary agreement authorized by section 5103.15 of the Revised Code that transfers the temporary custody of a child to a public children services agency or a private child placing agency.
(4) "Alternative response" means the public children services agency's response to a report of child abuse or neglect that engages the family in a comprehensive evaluation of child safety, risk of subsequent harm, and family strengths and needs and that does not include a determination as to whether child abuse or neglect occurred.
(5) "Certified foster home" means a foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the Revised Code.
(6) "Child" means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age.
(7) "Child day camp," "child care," "child day-care center," "part-time child day-care center," "type A family day-care home," "licensed type B family day-care home," "type B family day-care home," "administrator of a child day-care center," "administrator of a type A family day-care home," and "in-home aide" have the same meanings as in section 5104.01 of the Revised Code.
(8) "Child care provider" means an individual who is a child-care staff member or administrator of a child day-care center, a type A family day-care home, or a type B family day-care home, or an in-home aide or an individual who is licensed, is regulated, is approved, operates under the direction of, or otherwise is certified by the department of job and family services, department of developmental disabilities, or the early childhood programs of the department of education and workforce.
(9) "Commit" means to vest custody as ordered by the court.
(10) "Counseling" includes both of the following:
(a) General counseling services performed by a public children services agency or shelter for victims of domestic violence to assist a child, a child's parents, and a child's siblings in alleviating identified problems that may cause or have caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling services provided to correct or alleviate any mental or emotional illness or disorder and performed by a licensed psychiatrist, licensed psychologist, or a person licensed under Chapter 4757. of the Revised Code to engage in social work or professional counseling.
(11) "Custodian" means a person who has legal custody of a child or a public children services agency or private child placing agency that has permanent, temporary, or legal custody of a child.
(12) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(13) "Detention" means the temporary care of children pending court adjudication or disposition, or execution of a court order, in a public or private facility designed to physically restrict the movement and activities of children.
(14) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(15) "Differential response approach" means an approach that a public children services agency may use to respond to accepted reports of child abuse or neglect with either an alternative response or a traditional response.
(16) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(17) "Guardian" means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents.
(18) "Habitual truant" means any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in a school year.
(19) "Intellectual disability" has the same meaning as in section 5123.01 of the Revised Code.
(20) "Juvenile traffic offender" has the same meaning as in section 2152.02 of the Revised Code.
(21) "Legal custody" means a legal status that vests in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.
(22) A "legitimate excuse for absence from the public school the child is supposed to attend" includes, but is not limited to, any of the following:
(a) The fact that the child in question has enrolled in and is attending another public or nonpublic school in this or another state;
(b) The fact that the child in question is excused from attendance at school for any of the reasons specified in section 3321.04 or 3321.042 of the Revised Code;
(c) The fact that the child in question has received an age and schooling certificate in accordance with section 3331.01 of the Revised Code.
(23) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.
(24) "Mental injury" means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in section 2919.22 of the Revised Code and is committed by the parent or other person responsible for the child's care.
(25) "Nonsecure care, supervision, or training" means care, supervision, or training of a child in a facility that does not confine or prevent movement of the child within the facility or from the facility.
(26) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(27) "Organization" means any institution, public, semipublic, or private, and any private association, society, or agency located or operating in the state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children, or the placement of children in certified foster homes or elsewhere.
(28) "Out-of-home care" means detention facilities, shelter facilities, certified children's crisis care facilities, certified foster homes, placement in a prospective adoptive home prior to the issuance of a final decree of adoption, organizations, certified organizations, child day-care centers, type A family day-care homes, type B family day-care homes, child care provided by in-home aides, group home providers, group homes, institutions, state institutions, residential facilities, residential care facilities, residential camps, day camps, private, nonprofit therapeutic wilderness camps, public schools, chartered nonpublic schools, educational service centers, hospitals, and medical clinics that are responsible for the care, physical custody, or control of children.
(29) "Out-of-home care child abuse" means any of the following when committed by a person responsible for the care of a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's care;
(b) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury or pain;
(d) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician;
(e) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.
(30) "Out-of-home care child neglect" means any of the following when committed by a person responsible for the care of a child in out-of-home care:
(a) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic drugs for the child;
(ii) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug.
(d) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child;
(e) Confinement of the child to a locked room without monitoring by staff;
(f) Failure to provide ongoing security for all prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.
(31) "Permanent custody" means a legal status that vests in a public children services agency or a private child placing agency, all parental rights, duties, and obligations, including the right to consent to adoption, and divests the natural parents or adoptive parents of all parental rights, privileges, and obligations, including all residual rights and obligations.
(32) "Permanent surrender" means the act of the parents or, if a child has only one parent, of the parent of a child, by a voluntary agreement authorized by section 5103.15 of the Revised Code, to transfer the permanent custody of the child to a public children services agency or a private child placing agency.
(33) "Person" means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies.
(34) "Person responsible for a child's care in out-of-home care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the following: a public or private detention facility; shelter facility; certified children's crisis care facility; organization; certified organization; child day-care center; type A family day-care home; licensed type B family day-care home; group home; institution; state institution; residential facility; residential care facility; residential camp; day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school;
(d) Any other person who performs a similar function with respect to, or has a similar relationship to, children.
(35) "Physical impairment" means having one or more of the following conditions that substantially limit one or more of an individual's major life activities, including self-care, receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic fever or any other similar chronic or acute health problem, or amputation or another similar cause.
(36) "Placement for adoption" means the arrangement by a public children services agency or a private child placing agency with a person for the care and adoption by that person of a child of whom the agency has permanent custody.
(37) "Placement in foster care" means the arrangement by a public children services agency or a private child placing agency for the out-of-home care of a child of whom the agency has temporary custody or permanent custody.
(38) "Planned permanent living arrangement" means an order of a juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children services agency or a private child placing agency without the termination of parental rights.
(b) The order permits the agency to make an appropriate placement of the child and to enter into a written agreement with a foster care provider or with another person or agency with whom the child is placed.
(39) "Practice of social work" and "practice of professional counseling" have the same meanings as in section 4757.01 of the Revised Code.
(40) "Private, nonprofit therapeutic wilderness camp" has the same meaning as in section 5103.02 of the Revised Code.
(41) "Sanction, service, or condition" means a sanction, service, or condition created by court order following an adjudication that a child is an unruly child that is described in division (A)(4) of section 2152.19 of the Revised Code.
(42) "Protective supervision" means an order of disposition pursuant to which the court permits an abused, neglected, dependent, or unruly child to remain in the custody of the child's parents, guardian, or custodian and stay in the child's home, subject to any conditions and limitations upon the child, the child's parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child.
(43) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code.
(44) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(45) "Resource caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(46) "Resource family" has the same meaning as in section 5103.02 of the Revised Code.
(47) "Residential camp" means a program in which the care, physical custody, or control of children is accepted overnight for recreational or recreational and educational purposes.
(48) "Residential care facility" means an institution, residence, or facility that is licensed by the department of mental health and addiction services under section 5119.34 of the Revised Code and that provides care for a child.
(49) "Residential facility" means a home or facility that is licensed by the department of developmental disabilities under section 5123.19 of the Revised Code and in which a child with a developmental disability resides.
(50) "Residual parental rights, privileges, and responsibilities" means those rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody of the child, including, but not necessarily limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support.
(51) "School day" means the school day established by the board of education of the applicable school district pursuant to section 3313.481 of the Revised Code.
(52) "School year" has the same meaning as in section 3313.62 of the Revised Code.
(53) "Secure correctional facility" means a facility under the direction of the department of youth services that is designed to physically restrict the movement and activities of children and used for the placement of children after adjudication and disposition.
(54) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
(55) "Shelter" means the temporary care of children in physically unrestricted facilities pending court adjudication or disposition.
(56) "Shelter for victims of domestic violence" has the same meaning as in section 3113.33 of the Revised Code.
(57) "Temporary custody" means legal custody of a child who is removed from the child's home, which custody may be terminated at any time at the discretion of the court or, if the legal custody is granted in an agreement for temporary custody, by the person who executed the agreement.
(58) "Traditional response" means a public children services agency's response to a report of child abuse or neglect that encourages engagement of the family in a comprehensive evaluation of the child's current and future safety needs and a fact-finding process to determine whether child abuse or neglect occurred and the circumstances surrounding the alleged harm or risk of harm.
(C) For the purposes of this chapter, a child shall be presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days.
Sec. 2151.353. (A) If a child is adjudicated an abused, neglected, or dependent child, the court may make any of the following orders of disposition:
(1) Place the child in protective supervision;
(2) Commit the child to the temporary custody of any of the following:
(a) A public children services agency;
(b) A private child placing agency;
(c) Either parent;
(d) A relative residing within or outside the state;
(e) A probation officer for placement in a certified foster home;
(f) Any other person approved by the court.
(3) Award legal custody of the child to either parent or to any other person who, prior to the dispositional hearing, files a motion requesting legal custody of the child or is identified as a proposed legal custodian in a complaint or motion filed prior to the dispositional hearing by any party to the proceedings. A person identified in a complaint or motion filed by a party to the proceedings as a proposed legal custodian shall be awarded legal custody of the child only if the person identified signs a statement of understanding for legal custody that contains at least the following provisions:
(a) That it is the intent of the person to become the legal custodian of the child and the person is able to assume legal responsibility for the care and supervision of the child;
(b)
That the person understands that legal custody of the child in
question is intended to be permanent in nature and that the person
will be responsible as the custodian for the child until the child
reaches the age of majority. Responsibility as custodian for the
child shall continue beyond the age of majority if, at the time the
child reaches the age of majority, the child is pursuing a diploma
granted by the board of education or other governing authority,
successful completion of the curriculum of any high school,
successful completion of an individualized education program
developed for the student by any high school, or an age and schooling
certificate. Responsibility beyond the age of majority shall
terminate when the child ceases to continuously pursue such an
education, completes such an education, or is excused from such an
education under standards adopted by the state
board department
of
education
and
workforce,
whichever occurs first.
(c) That the parents of the child have residual parental rights, privileges, and responsibilities, including, but not limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support;
(d) That the person understands that the person must be present in court for the dispositional hearing in order to affirm the person's intention to become legal custodian, to affirm that the person understands the effect of the custodianship before the court, and to answer any questions that the court or any parties to the case may have.
(4) Commit the child to the permanent custody of a public children services agency or private child placing agency, if the court determines in accordance with division (E) of section 2151.414 of the Revised Code that the child cannot be placed with one of the child's parents within a reasonable time or should not be placed with either parent and determines in accordance with division (D)(1) of section 2151.414 of the Revised Code that the permanent commitment is in the best interest of the child. If the court grants permanent custody under this division, the court, upon the request of any party, shall file a written opinion setting forth its findings of fact and conclusions of law in relation to the proceeding.
(5) Place the child in a planned permanent living arrangement with a public children services agency or private child placing agency, if a public children services agency or private child placing agency requests the court to place the child in a planned permanent living arrangement and if the court finds, by clear and convincing evidence, that a planned permanent living arrangement is in the best interest of the child, that the child is sixteen years of age or older, and that one of the following exists:
(a) The child, because of physical, mental, or psychological problems or needs, is unable to function in a family-like setting and must remain in residential or institutional care now and for the foreseeable future beyond the date of the dispositional hearing held pursuant to section 2151.35 of the Revised Code.
(b) The parents of the child have significant physical, mental, or psychological problems and are unable to care for the child because of those problems, adoption is not in the best interest of the child, as determined in accordance with division (D)(1) of section 2151.414 of the Revised Code, and the child retains a significant and positive relationship with a parent or relative.
(c) The child has been counseled on the permanent placement options available to the child, and is unwilling to accept or unable to adapt to a permanent placement.
(6) Order the removal from the child's home until further order of the court of the person who committed abuse as described in section 2151.031 of the Revised Code against the child, who caused or allowed the child to suffer neglect as described in section 2151.03 of the Revised Code, or who is the parent, guardian, or custodian of a child who is adjudicated a dependent child and order any person not to have contact with the child or the child's siblings.
(B)(1) When making a determination on whether to place a child in a planned permanent living arrangement pursuant to division (A)(5)(b) or (c) of this section, the court shall consider all relevant information that has been presented to the court, including information gathered from the child, the child's guardian ad litem, and the public children services agency or private child placing agency.
(2) A child who is placed in a planned permanent living arrangement pursuant to division (A)(5)(b) or (c) of this section shall be placed in an independent living setting or in a family setting in which the caregiver has been provided by the agency that has custody of the child with a notice that addresses the following:
(a) The caregiver understands that the planned permanent living arrangement is intended to be permanent in nature and that the caregiver will provide a stable placement for the child through the child's emancipation or until the court releases the child from the custody of the agency, whichever occurs first.
(b) The caregiver is expected to actively participate in the youth's independent living case plan, attend agency team meetings and court hearings as appropriate, complete training, as developed and implemented under section 5103.035 of the Revised Code, related to providing the child independent living services, and assist in the child's transition into adulthood.
(3) The department of job and family services shall develop a model notice to be provided by an agency that has custody of a child to a caregiver under division (B)(2) of this section. The agency may modify the model notice to apply to the needs of the agency.
(C) No order for permanent custody or temporary custody of a child or the placement of a child in a planned permanent living arrangement shall be made pursuant to this section unless the complaint alleging the abuse, neglect, or dependency contains a prayer requesting permanent custody, temporary custody, or the placement of the child in a planned permanent living arrangement as desired, the summons served on the parents of the child contains as is appropriate a full explanation that the granting of an order for permanent custody permanently divests them of their parental rights, a full explanation that an adjudication that the child is an abused, neglected, or dependent child may result in an order of temporary custody that will cause the removal of the child from their legal custody until the court terminates the order of temporary custody or permanently divests the parents of their parental rights, or a full explanation that the granting of an order for a planned permanent living arrangement will result in the removal of the child from their legal custody if any of the conditions listed in divisions (A)(5)(a) to (c) of this section are found to exist, and the summons served on the parents contains a full explanation of their right to be represented by counsel and to have counsel appointed pursuant to Chapter 120. of the Revised Code if they are indigent.
If after making disposition as authorized by division (A)(2) of this section, a motion is filed that requests permanent custody of the child, the court may grant permanent custody of the child to the movant in accordance with section 2151.414 of the Revised Code.
(D) If the court issues an order for protective supervision pursuant to division (A)(1) of this section, the court may place any reasonable restrictions upon the child, the child's parents, guardian, or custodian, or any other person, including, but not limited to, any of the following:
(1) Order a party, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time;
(2) Order a party, a parent of the child, or a physical custodian of the child to prevent any particular person from having contact with the child;
(3) Issue an order restraining or otherwise controlling the conduct of any person which conduct would not be in the best interest of the child.
(E) As part of its dispositional order, the court shall journalize a case plan for the child. The journalized case plan shall not be changed except as provided in section 2151.412 of the Revised Code.
(F)(1) The court shall retain jurisdiction over any child for whom the court issues an order of disposition pursuant to division (A) of this section or pursuant to section 2151.414 or 2151.415 of the Revised Code until the child attains the age of eighteen years if the child does not have a developmental disability or physical impairment, the child attains the age of twenty-one years if the child has a developmental disability or physical impairment, or the child is adopted and a final decree of adoption is issued, except that the court may retain jurisdiction over the child and continue any order of disposition under division (A) of this section or under section 2151.414 or 2151.415 of the Revised Code for a specified period of time to enable the child to graduate from high school or vocational school. The court shall make an entry continuing its jurisdiction under this division in the journal.
(2) Any public children services agency, any private child placing agency, the department of job and family services, or any party, other than any parent whose parental rights with respect to the child have been terminated pursuant to an order issued under division (A)(4) of this section, by filing a motion with the court, may at any time request the court to modify or terminate any order of disposition issued pursuant to division (A) of this section or section 2151.414 or 2151.415 of the Revised Code. The court shall hold a hearing upon the motion as if the hearing were the original dispositional hearing and shall give all parties to the action and the guardian ad litem notice of the hearing pursuant to the Juvenile Rules. If applicable, the court shall comply with section 2151.42 of the Revised Code.
(G) Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not terminate until the court issues a dispositional order under that section. In resolving the motion, the court shall not order an existing temporary custody order to continue beyond two years after the date on which the complaint was filed or the child was first placed into shelter care, whichever date is earlier, regardless of whether any extensions have been previously ordered pursuant to division (D) of section 2151.415 of the Revised Code.
(H)(1) No later than one year after the earlier of the date the complaint in the case was filed or the child was first placed in shelter care, a party may ask the court to extend an order for protective supervision for six months or to terminate the order. A party requesting extension or termination of the order shall file a written request for the extension or termination with the court and give notice of the proposed extension or termination in writing before the end of the day after the day of filing it to all parties and the child's guardian ad litem. If a public children services agency or private child placing agency requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time it files the request with the court. If no party requests extension or termination of the order, the court shall notify the parties that the court will extend the order for six months or terminate it and that it may do so without a hearing unless one of the parties requests a hearing. All parties and the guardian ad litem shall have seven days from the date a notice is sent pursuant to this division to object to and request a hearing on the proposed extension or termination.
(a) If it receives a timely request for a hearing, the court shall schedule a hearing to be held no later than thirty days after the request is received by the court. The court shall give notice of the date, time, and location of the hearing to all parties and the guardian ad litem. At the hearing, the court shall determine whether extension or termination of the order is in the child's best interest. If termination is in the child's best interest, the court shall terminate the order. If extension is in the child's best interest, the court shall extend the order for six months.
(b) If it does not receive a timely request for a hearing, the court may extend the order for six months or terminate it without a hearing and shall journalize the order of extension or termination not later than fourteen days after receiving the request for extension or termination or after the date the court notifies the parties that it will extend or terminate the order. If the court does not extend or terminate the order, it shall schedule a hearing to be held no later than thirty days after the expiration of the applicable fourteen-day time period and give notice of the date, time, and location of the hearing to all parties and the child's guardian ad litem. At the hearing, the court shall determine whether extension or termination of the order is in the child's best interest. If termination is in the child's best interest, the court shall terminate the order. If extension is in the child's best interest, the court shall issue an order extending the order for protective supervision six months.
(2) If the court grants an extension of the order for protective supervision pursuant to division (H)(1) of this section, a party may, prior to termination of the extension, file with the court a request for an additional extension of six months or for termination of the order. The court and the parties shall comply with division (H)(1) of this section with respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division (H)(2) of this section, the court shall terminate the order for protective supervision at the end of the extension.
(I) The court shall not issue a dispositional order pursuant to division (A) of this section that removes a child from the child's home unless the court complies with section 2151.419 of the Revised Code and includes in the dispositional order the findings of fact required by that section.
(J) If a motion or application for an order described in division (A)(6) of this section is made, the court shall not issue the order unless, prior to the issuance of the order, it provides to the person all of the following:
(1) Notice and a copy of the motion or application;
(2) The grounds for the motion or application;
(3) An opportunity to present evidence and witnesses at a hearing regarding the motion or application;
(4) An opportunity to be represented by counsel at the hearing.
(K) The jurisdiction of the court shall terminate one year after the date of the award or, if the court takes any further action in the matter subsequent to the award, the date of the latest further action subsequent to the award, if the court awards legal custody of a child to either of the following:
(1) A legal custodian who, at the time of the award of legal custody, resides in a county of this state other than the county in which the court is located;
(2) A legal custodian who resides in the county in which the court is located at the time of the award of legal custody, but moves to a different county of this state prior to one year after the date of the award or, if the court takes any further action in the matter subsequent to the award, one year after the date of the latest further action subsequent to the award.
The court in the county in which the legal custodian resides then shall have jurisdiction in the matter.
Sec. 2151.357. (A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code, the person who is subject of the order properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter, and the court, except as provided in division (D) of this section, shall do all of the following:
(1) Order that the proceedings in a case described in divisions (B) and (C) of section 2151.356 of the Revised Code be deemed never to have occurred;
(2) Except as provided in division (C) of this section, delete all index references to the case and the person so that the references are permanently irretrievable;
(3) Order that all original records of the case maintained by any public office or agency, except fingerprints held by a law enforcement agency, DNA specimens collected pursuant to section 2152.74 of the Revised Code, and DNA records derived from DNA specimens pursuant to section 109.573 of the Revised Code, be delivered to the court;
(4) Order each public office or agency, upon the delivering of records to the court under division (A)(3) of this section, to expunge remaining records of the case that are the subject of the sealing order that are maintained by that public office or agency, except fingerprints, DNA specimens, and DNA records described under division (A)(3) of this section;
(5) Send notice of the order to seal to any public office or agency that the court has reason to believe may have a record of the sealed record including, but not limited to, the bureau of criminal identification and investigation;
(6) Seal all of the records delivered to the court under division (A)(3) of this section, in a separate file in which only sealed records are maintained.
(B) Except as provided in division (D) of this section, an order to seal under section 2151.356 of the Revised Code applies to every public office or agency that has a record relating to the case, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Except as provided in division (D) of this section, upon the written request of a person whose record has been sealed and the presentation of a copy of the order and compliance with division (A)(3) of this section, a public office or agency shall expunge its record relating to the case, except a record of the adjudication or arrest or taking into custody that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order.
(C) The court that maintains sealed records pursuant to this section may maintain a manual or computerized index of the sealed records and shall make the index available only for the purposes set forth in division (E) of this section.
(1) Each entry regarding a sealed record in the index of sealed records shall contain all of the following:
(a) The name of the person who is the subject of the sealed record;
(b) An alphanumeric identifier relating to the person who is the subject of the sealed record;
(c) The word "sealed";
(d) The name of the court that has custody of the sealed record.
(2) Any entry regarding a sealed record in the index of sealed records shall not contain either of the following:
(a) The social security number of the person who is subject of the sealed record;
(b) The name or a description of the act committed.
(D)
Notwithstanding any provision of this section that requires
otherwise, a board of education of a city, local, exempted village,
or joint vocational school district that maintains records of an
individual who has been permanently excluded under sections 3301.121
and 3313.662 of the Revised Code is permitted to maintain records
regarding an adjudication that the individual is a delinquent child
that was used as the basis for the individual's permanent exclusion,
regardless of a court order to seal the record. An order issued under
section 2151.356 of the Revised Code to seal the record of an
adjudication that an individual is a delinquent child does not revoke
the adjudication order of the superintendent
of public instruction director
of education and workforce to
permanently exclude the individual who is the subject of the sealing
order. An order to seal the record of an adjudication that an
individual is a delinquent child may be presented to a district
superintendent as evidence to support the contention that the
superintendent should recommend that the permanent exclusion of the
individual who is the subject of the sealing order be revoked. Except
as otherwise authorized by this division and sections 3301.121 and
3313.662 of the Revised Code, any school employee in possession of or
having access to the sealed adjudication records of an individual
that were the basis of a permanent exclusion of the individual is
subject to division (F) of this section.
(E) Inspection of records that have been ordered sealed under section 2151.356 of the Revised Code may be made only by the following persons or for the following purposes:
(1) By the court;
(2) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;
(3) Upon application by the person who is the subject of the sealed records, by the person that is named in that application;
(4) If the records in question pertain to an alleged violation of division (E)(1) of section 4301.69 of the Revised Code, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for the purpose of determining whether the person is eligible for diversion under division (E)(2) of section 4301.69 of the Revised Code;
(5) At the request of a party in a civil action that is based on a case the records for which are the subject of a sealing order issued under section 2151.356 of the Revised Code, as needed for the civil action. The party also may copy the records as needed for the civil action. The sealed records shall be used solely in the civil action and are otherwise confidential and subject to the provisions of this section;
(6) By the attorney general or an authorized employee of the attorney general or the court for purposes of determining whether a child is a public registry-qualified juvenile offender registrant, as defined in section 2950.01 of the Revised Code, for purposes of Chapter 2950. of the Revised Code.
(F) No officer or employee of the state or any of its political subdivisions shall knowingly release, disseminate, or make available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, taking into custody, complaint, indictment, information, trial, hearing, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2151.356 of the Revised Code and the release, dissemination, or making available of which is not expressly permitted by this section. Whoever violates this division is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(G) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest or taking into custody for which the records were sealed. If an inquiry is made in violation of this division, the person may respond as if the sealed arrest or taking into custody did not occur, and the person shall not be subject to any adverse action because of the arrest or taking into custody or the response.
(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication, and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code.
Sec. 2151.362. (A)(1) In the manner prescribed by division (C)(1) or (2) of section 3313.64 of the Revised Code, as applicable, the court, at the time of making any order that removes a child from the child's own home or that vests legal or permanent custody of the child in a person other than the child's parent or a government agency, shall determine the school district that is to bear the cost of educating the child. The court shall make the determination a part of the order that provides for the child's placement or commitment. That school district shall bear the cost of educating the child unless and until the department of education and workforce determines that a different district shall be responsible for bearing that cost pursuant to division (A)(2) of this section. The court's order shall state that the determination of which school district is responsible to bear the cost of educating the child is subject to re-determination by the department pursuant to that division.
(2) If, while the child is in the custody of a person other than the child's parent or a government agency, the department of education and workforce determines that the place of residence of the child's parent has changed since the court issued its initial order, the department may name a different school district to bear the cost of educating the child. The department shall make this new determination, and any future determinations, based on evidence received from the school district currently responsible to bear the cost of educating the child. If the department finds that the evidence demonstrates to its satisfaction that the residence of the child's parent has changed since the court issued its initial order under division (A)(1) of this section, or since the department last made a determination under division (A)(2) of this section, the department shall name the district in which the child's parent currently resides or, if the parent's residence is not known, the district in which the parent's last known residence is located. If the department cannot determine any Ohio district in which the parent currently resides or has resided, the school district designated in the initial court order under division (A)(1) of this section, or in the most recent determination made by the department under division (A)(2) of this section, shall continue to bear the cost of educating the child.
(B) Whenever a child is placed in a detention facility established under section 2152.41 of the Revised Code or a juvenile facility established under section 2151.65 of the Revised Code, the facility shall be responsible for coordinating the education of the child. The facility may take any of the following measures in coordinating the education of the child:
(1) If applicable, use the chartered nonpublic school that the facility operates;
(2) Arrange with the school district responsible for bearing the cost of educating the child determined under division (A) of this section, for the facility to educate the child on its own;
(3) Contract with an educational service center for the service center to educate the child;
(4) Contract with the school district in which the facility is located for that school district to educate the child;
(5) If the child is enrolled in an internet- or computer-based community school established under Chapter 3314. of the Revised Code, and provided that the facility possesses the necessary hardware, software, and internet connectivity, permit continued instruction of the child by the internet- or computer-based community school.
If the facility coordinates the education of the child pursuant to division (B)(1), (2), (3), or (4) of this section, child's school district as determined by the court or the department, in the same manner as prescribed in division (A) of this section, shall pay the cost of educating the child based on the per capita cost of the educational facility within the detention home or juvenile facility.
If the facility coordinates the education of the child pursuant to division (B)(5) of this section, payment for the cost of educating the child shall be made only as provided in section 3317.022 of the Revised Code.
(C) Whenever a child is placed by the court in a private institution, school, or residential treatment center or any other private facility, the state shall pay to the court a subsidy to help defray the expense of educating the child in an amount equal to the product of the daily per capita educational cost of the private facility, as determined pursuant to this section, and the number of days the child resides at the private facility, provided that the subsidy shall not exceed twenty-five hundred dollars per year per child. The daily per capita educational cost of a private facility shall be determined by dividing the actual program cost of the private facility or twenty-five hundred dollars, whichever is less, by three hundred sixty-five days or by three hundred sixty-six days for years that include February twenty-ninth. The state shall pay seventy-five per cent of the total subsidy for each year quarterly to the court. The state may adjust the remaining twenty-five per cent of the total subsidy to be paid to the court for each year to an amount that is less than twenty-five per cent of the total subsidy for that year based upon the availability of funds appropriated to the department of education and workforce for the purpose of subsidizing courts that place a child in a private institution, school, or residential treatment center or any other private facility and shall pay that adjusted amount to the court at the end of the year.
Sec. 2305.111. (A) As used in this section:
(1) "Childhood sexual abuse" means any conduct that constitutes any of the violations identified in division (A)(1)(a) or (b) of this section and would constitute a criminal offense under the specified section or division of the Revised Code, if the victim of the violation is at the time of the violation a child under eighteen years of age or a child with a developmental disability or physical impairment under twenty-one years of age. The court need not find that any person has been convicted of or pleaded guilty to the offense under the specified section or division of the Revised Code in order for the conduct that is the violation constituting the offense to be childhood sexual abuse for purposes of this division. This division applies to any of the following violations committed in the following specified circumstances:
(a) A violation of section 2907.02 or of division (A)(1), (5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of the Revised Code;
(b) A violation of section 2907.05 or 2907.06 of the Revised Code if, at the time of the violation, any of the following apply:
(i) The actor is the victim's natural parent, adoptive parent, or stepparent or the guardian, custodian, or person in loco parentis of the victim.
(ii) The victim is in custody of law or a patient in a hospital or other institution, and the actor has supervisory or disciplinary authority over the victim.
(iii)
The actor is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state
board director
of
education
and
workforce
prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code, the victim is enrolled in or attends that school, and
the actor is not enrolled in and does not attend that school.
(iv) The actor is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the victim is enrolled in or attends that institution.
(v) The actor is the victim's athletic or other type of coach, is the victim's instructor, is the leader of a scouting troop of which the victim is a member, or is a person with temporary or occasional disciplinary control over the victim.
(vi) The actor is a mental health professional, the victim is a mental health client or patient of the actor, and the actor induces the victim to submit by falsely representing to the victim that the sexual contact involved in the violation is necessary for mental health treatment purposes.
(vii) The victim is confined in a detention facility, and the actor is an employee of that detention facility.
(viii) The actor is a cleric, and the victim is a member of, or attends, the church or congregation served by the cleric.
(2) "Cleric" has the same meaning as in section 2317.02 of the Revised Code.
(3) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.
(4) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.
(5) "Sexual contact" has the same meaning as in section 2907.01 of the Revised Code.
(6) "Victim" means, except as provided in division (B) of this section, a victim of childhood sexual abuse.
(B) Except as provided in section 2305.115 of the Revised Code and subject to division (C) of this section, an action for assault or battery shall be brought within one year after the cause of the action accrues. For purposes of this section, a cause of action for assault or battery accrues upon the later of the following:
(1) The date on which the alleged assault or battery occurred;
(2) If the plaintiff did not know the identity of the person who allegedly committed the assault or battery on the date on which it allegedly occurred, the earlier of the following dates:
(a) The date on which the plaintiff learns the identity of that person;
(b) The date on which, by the exercise of reasonable diligence, the plaintiff should have learned the identity of that person.
(C) An action for assault or battery brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, shall be brought within twelve years after the cause of action accrues. For purposes of this section, a cause of action for assault or battery based on childhood sexual abuse, or a cause of action for a claim resulting from childhood sexual abuse, accrues upon the date on which the victim reaches the age of majority. If the defendant in an action brought by a victim of childhood sexual abuse asserting a claim resulting from childhood sexual abuse that occurs on or after August 3, 2006, has fraudulently concealed from the plaintiff facts that form the basis of the claim, the running of the limitations period with regard to that claim is tolled until the time when the plaintiff discovers or in the exercise of due diligence should have discovered those facts.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
(2) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person.
(3) "Physical harm to persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(4) "Physical harm to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.
(5) "Serious physical harm to persons" means any of the following:
(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(b) Any physical harm that carries a substantial risk of death;
(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical harm to property that does either of the following:
(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.18, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2917.321, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of section 2903.34, of division (A)(1), (2), or (3) of section 2911.12, or of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section;
(e) A violation of division (C) of section 959.131 of the Revised Code.
(10)(a) "Property" means any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(b) As used in division (A)(10) of this section, "trade secret" has the same meaning as in section 1333.61 of the Revised Code, and "telecommunications service" and "information service" have the same meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, "cable television service," "computer," "computer software," "computer system," "computer network," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;
(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;
(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section 737.10 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;
(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(k) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;
(m) The senate sergeant at arms and an assistant senate sergeant at arms;
(n) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.
(13) "Contraband" means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property's involvement in an offense. "Contraband" includes, but is not limited to, all of the following:
(a) Any controlled substance, as defined in section 3719.01 of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section, as used in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense, "person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust, partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title XXIX of the Revised Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case shall the portion of the definition of the term "person" that is set forth in division (B)(1)(a)(ii) of this section be applied or construed in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;
(iv) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone" consists of a school, school building, school premises, school activity, and school bus.
(2) "School," "school building," and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(3)
"School activity" means any activity held under the
auspices of a board of education of a city, local, exempted village,
joint vocational, or cooperative education school district; a
governing authority of a community school established under Chapter
3314. of the Revised Code; a governing board of an educational
service center, or the governing body of a school for which the state
board director
of
education
and
workforce
prescribes
minimum standards under section 3301.07 of the Revised Code.
(4) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
Sec. 2903.13. (A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
(C)(1) Whoever violates this section is guilty of assault, and the court shall sentence the offender as provided in this division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10) of this section. Except as otherwise provided in division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this section, assault is a misdemeanor of the first degree.
(2) Except as otherwise provided in this division, if the offense is committed by a caretaker against a person with a functional impairment under the caretaker's care, assault is a felony of the fourth degree. If the offense is committed by a caretaker against a person with a functional impairment under the caretaker's care, if the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.11 or 2903.16 of the Revised Code, and if in relation to the previous conviction the offender was a caretaker and the victim was a person with a functional impairment under the offender's care, assault is a felony of the third degree.
(3) If the offense occurs in or on the grounds of a state correctional institution or an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction or the department of youth services, and the offense is committed by a person incarcerated in the state correctional institution or by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services, assault is a felony of the third degree.
(4) If the offense is committed in any of the following circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person's being charged with or convicted of any crime, or subsequent to the person's being alleged to be or adjudicated a delinquent child.
(b) The offense occurs off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.
(c) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.
(d) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.
(5) If the assault is committed in any of the following circumstances, assault is a felony of the fourth degree:
(a) The victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, a firefighter, or a person performing emergency medical service, while in the performance of the officer's, investigator's, firefighter's, or person's official duties.
(b)
The victim of the offense is an emergency service responder, the
offender knows or reasonably should know that the victim is an
emergency service responder, and it is the offender's specific
purpose to commit the offense against an emergency service
responder;.
(c) The victim of the offense is a family or household member or co-worker of a person who is an emergency service responder, the offender knows or reasonably should know that the victim is a family or household member or co-worker of an emergency service responder, and it is the offender's specific purpose to commit the offense against a family or household member or co-worker of an emergency service responder.
(6) If the offense is a felony of the fourth degree under division (C)(5)(a) of this section, if the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the fourth degree that is at least twelve months in duration.
(7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, assault is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim's duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers, or officers, assault is one of the following:
(a) Except as otherwise provided in division (C)(8)(b) of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(a) of section 2929.28 of the Revised Code for a misdemeanor of the first degree, in sentencing the offender under this division and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars.
(b) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony of the fifth degree.
(9) If the victim of the offense is a judge, magistrate, prosecutor, or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor, or court official or employee, and if the victim is engaged in the performance of the victim's duties, assault is one of the following:
(a) Except as otherwise provided in division (C)(9)(b) of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this division, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(a) of section 2929.28 of the Revised Code for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars.
(b) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony of the fifth degree.
(10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (F) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to assault when it is a felony also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in division (C)(6) of this section, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code.
(D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of section 2903.22 of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.
(E) As used in this section:
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Firefighter" means any person who is a firefighter as defined in section 3937.41 of the Revised Code and, for purposes of division (E)(21) of this section, also includes a member of a fire department as defined in section 742.01 of the Revised Code.
(3) "Emergency medical service" has the same meaning as in section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail established under section 341.23 or 753.21 of the Revised Code, or another county, multicounty, municipal, municipal-county, or multicounty-municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.
(6) "School teacher or administrator" means either of the following:
(a) A person who is employed in the public schools of the state under a contract described in section 3311.77 or 3319.08 of the Revised Code in a position in which the person is required to have a certificate issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.
(b)
A person who is employed by a nonpublic school for which the state
board director
of
education
and
workforce
prescribes
minimum standards under section 3301.07 of the Revised Code and who
is certificated in accordance with section 3301.071 of the Revised
Code.
(7) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have the same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code.
(11) "Health care professional" and "health care worker" have the same meanings as in section 2305.234 of the Revised Code.
(12) "Assault or homicide offense committed against hospital personnel" means a violation of this section or of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or 2903.14 of the Revised Code committed in circumstances in which all of the following apply:
(a) The victim of the offense was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital.
(b) The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital.
(c) The victim was engaged in the performance of the victim's duties.
(d) The hospital offered de-escalation or crisis intervention training for such professionals, workers, or officers.
(13) "De-escalation or crisis intervention training" means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient's family, and visitors, including those with mental impairments.
(14) "Assault or homicide offense committed against justice system personnel" means a violation of this section or of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or 2903.14 of the Revised Code committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim's duties.
(15) "Court official or employee" means any official or employee of a court created under the constitution or statutes of this state or of a United States court located in this state.
(16) "Judge" means a judge of a court created under the constitution or statutes of this state or of a United States court located in this state.
(17) "Magistrate" means an individual who is appointed by a court of record of this state and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this state who has similar powers and functions.
(18) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(19)(a) "Hospital" means, subject to division (E)(19)(b) of this section, an institution classified as a hospital under section 3701.01 of the Revised Code in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization.
(b) "Hospital" does not include any of the following:
(i) A facility licensed under Chapter 3721. of the Revised Code, a health care facility operated by the department of mental health and addiction services or the department of developmental disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice;
(ii) An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under section 501 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of section 4723.32 of the Revised Code from the licensing requirements of Chapter 4723. of the Revised Code.
(20) "Health maintenance organization" has the same meaning as in section 3727.01 of the Revised Code.
(21) "Emergency service responder" means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter.
(22) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with a person who is employed as an emergency service responder:
(i) A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder;
(ii) A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder.
(b) The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent.
(23) "First responder," "emergency medical technician-basic," "emergency medical technician-intermediate," and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code.
(24) "Volunteer firefighter" has the same meaning as in section 146.01 of the Revised Code.
(25) "Person living as a spouse" means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question.
(26) "Co-worker" means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder.
Sec. 2907.03. (A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
(2) The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.
(3) The offender knows that the other person submits because the other person is unaware that the act is being committed.
(4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse.
(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
(6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
(7)
The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state
board director
of
education
and
workforce
prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code, the other person is enrolled in or attends that school,
and the offender is not enrolled in and does not attend that school.
(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.
(10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.
(11) The other person is confined in a detention facility, and the offender is an employee of that detention facility.
(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.
(13) The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.
(B)
Whoever violates this section is guilty of sexual battery. Except as
otherwise provided in this division, sexual battery is a felony of
the third degree. If the other person is less than thirteen years of
age, sexual battery is a felony of the second degree, and the court
shall impose upon the offender a mandatory prison term equal to one
of the definite prison terms prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation is committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed in
division (A)(2)(a) of that section for a felony of the second degree.
(C) As used in this section:
(1) "Cleric" has the same meaning as in section 2317.02 of the Revised Code.
(2) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
(3)
"Institution of higher education" means a state institution
of higher education defined in section 3345.011 of the Revised Code,
a private nonprofit college or university located in this state that
possesses a certificate of authorization issued by the Ohio
board chancellor
of
regents
higher
education pursuant
to Chapter 1713. of the Revised Code, or a school certified under
Chapter 3332. of the Revised Code.
(4) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
Sec. 2917.31. (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of inducing panic.
(2) Except as otherwise provided in division (C)(3), (4), (5), (6), (7), or (8) of this section, inducing panic is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (C)(4), (5), (6), (7), or (8) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6), (7), or (8) of this section, if a violation of this section results in economic harm, the penalty shall be determined as follows:
(a) If the violation results in economic harm of one thousand dollars or more but less than seven thousand five hundred dollars and if division (C)(3) of this section does not apply, inducing panic is a felony of the fifth degree.
(b) If the violation results in economic harm of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, inducing panic is a felony of the fourth degree.
(c) If the violation results in economic harm of one hundred fifty thousand dollars or more, inducing panic is a felony of the third degree.
(5) If the public place involved in a violation of division (A)(1) of this section is a school or an institution of higher education, inducing panic is a felony of the second degree.
(6) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5), (7), or (8) of this section, inducing panic is a felony of the fourth degree.
(7) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5) of this section, if a violation of this section results in physical harm to any person, inducing panic is a felony of the third degree.
(8) If the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction, and except as otherwise provided in division (C)(5) of this section, if a violation of this section results in economic harm of one hundred thousand dollars or more, inducing panic is a felony of the third degree.
(D)(1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means any of the following:
(a) All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. "Economic harm" as described in this division includes, but is not limited to, all of the following:
(i) All wages, salaries, or other compensation lost as a result of the criminal conduct;
(ii) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or section 2917.32 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.
(2)
"School" means any school operated by a board of education
or any school for which the state
board director
of
education and
workforce prescribes
minimum standards under section 3301.07 of the Revised Code, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted at the time a violation of
this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological agent;
(c) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of "destructive device" pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (E)(3)(d)(i) of this section and from which an item or device described in that division may be readily assembled.
(4) "Biological agent" has the same meaning as in section 2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the following:
(a) A state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college;
(b)
A private, nonprofit college, university or other post-secondary
institution located in this state that possesses a certificate of
authorization issued by the Ohio
board of regents chancellor
of higher education pursuant
to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
Sec. 2917.46. (A) No person shall, with intent to identify a building as a block parent home or building, display the block parent symbol adopted by the former state board of education pursuant to former section 3301.076 of the Revised Code prior to its repeal on July 1, 2007.
(B) No person shall, with intent to identify a building as a block parent home or building, display a symbol that falsely gives the appearance of being the block parent symbol adopted by the former state board of education pursuant to former section 3301.076 of the Revised Code prior to its repeal on July 1, 2007.
(C)
No person, with intent to identify a home or building as a mcgruff
house program home or building, shall display the mcgruff house
symbol adopted by the division of criminal justice services in the
state department of public safety pursuant to section 5502.62 of the
Revised Code unless authorized in accordance with that section, any
rule adopted pursuant to that section, or former section 3313.206 of
the Revised Code prior to its repeal on
the
effective date of this amendment
April
8, 2019.
(D) No person, with intent to identify a home or building as a mcgruff house program home or building, shall display a symbol that falsely gives the appearance of being the mcgruff house symbol adopted by the division of criminal justice services in the state department of public safety pursuant to section 5502.62 of the Revised Code or any rule adopted pursuant to that section.
(E)(1) Whoever violates division (A) or (B) of this section is guilty of unauthorized use of a block parent symbol, a minor misdemeanor.
(2) Whoever violates division (C) or (D) of this section is guilty of unauthorized use of a mcgruff house symbol, a minor misdemeanor.
Sec. 2923.122. (A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.
(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer's, agent's, or employee's duties;
(b) A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
(c) A security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment;
(d) Any person not described in divisions (D)(1)(a) to (c) of this section who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization, provided both of the following apply:
(i) Either the person has successfully completed the curriculum, instruction, and training established under section 5502.703 of the Revised Code, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
(ii) The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority.
A district board or school governing body that authorizes a person under division (D)(1)(d) of this section shall require that person to submit to an annual criminal records check conducted in the same manner as section 3319.39 or 3319.391 of the Revised Code.
(e) Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(e) of this section does not apply to the person.
(2) Division (C) of this section does not apply to premises upon which home schooling is conducted. Division (C) of this section also does not apply to a school administrator, teacher, or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher, or employee, or any other person who with the express prior approval of a school administrator possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, reenactment, or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
(a) The person does not enter into a school building or onto school premises and is not at a school activity.
(b) The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.
(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in division (B)(1) or (B)(3) to (8) of section 2923.126 of the Revised Code.
(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
(a) The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code.
(b) The person leaves the handgun in a motor vehicle.
(c) The handgun does not leave the motor vehicle.
(d) If the person exits the motor vehicle, the person locks the motor vehicle.
(E)(1) Whoever violates division (A) or (B) of this section is guilty of illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone. Except as otherwise provided in this division, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fifth degree. If the offender previously has been convicted of a violation of this section, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony of the fifth degree.
(F)(1)
In addition to any other penalty imposed upon a person who is
convicted of or pleads guilty to a violation of this section and
subject to division (F)(2) of this section, if the offender has not
attained nineteen years of age, regardless of whether the offender is
attending or is enrolled in a school operated by a board of education
or for which the state
board director
of
education and
workforce prescribes
minimum standards under section 3301.07 of the Revised Code, the
court shall impose upon the offender a class four suspension of the
offender's probationary driver's license, restricted license,
driver's license, commercial driver's license, temporary instruction
permit, or probationary commercial driver's license that then is in
effect from the range specified in division (A)(4) of section 4510.02
of the Revised Code and shall deny the offender the issuance of any
permit or license of that type during the period of the suspension.
If the offender is not a resident of this state, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in division (A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits, or privileges specified in division (F)(1) of this section or deny the issuance of one of the temporary instruction permits specified in that division, the court in its discretion may choose not to impose the suspension, revocation, or denial required in that division, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
(G) As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed, or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "controlled substance analog," "dispense," "distribute," "hypodermic," "manufacturer," "official written order," "person," "pharmacist," "pharmacy," "sale," "schedule I," "schedule II," "schedule III," "schedule IV," "schedule V," and "wholesaler" have the same meanings as in section 3719.01 of the Revised Code.
(B) "Drug of abuse" and "person with a drug dependency" have the same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional authorized to prescribe drugs," and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the following:
(1) For any compound, mixture, preparation, or substance included in schedule I, schedule II, or schedule III, with the exception of any controlled substance analog, marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, and hashish and except as provided in division (D)(2), (5), or (6) of this section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative;
(b) An amount equal to or exceeding ten grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the federal drug abuse control laws, as defined in section 3719.01 of the Revised Code, that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV substance other than an anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or sixteen milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III anabolic steroid;
(6) For any compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any other compound, mixture, preparation, or substance included in schedule III, schedule IV, or schedule V, if the defendant is charged with a violation of section 2925.11 of the Revised Code and the sentencing provisions set forth in divisions (C)(10)(b) and (C)(11) of that section will not apply regarding the defendant and the violation, the bulk amount of the controlled substance for purposes of the violation is the amount specified in division (D)(1), (2), (3), (4), or (5) of this section for the other schedule III, IV, or V controlled substance that is combined with the fentanyl-related compound.
(E) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that constitutes theft of drugs, or a violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any other state or of the United States that is substantially equivalent to any section listed in division (G)(1) of this section;
(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit any offense under division (G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes, but is not limited to, any of the following:
(a) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(d) Any anesthetic gas.
(2) Gamma Butyrolactone;
(3) 1,4 Butanediol.
(J) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.
(K) "Possess" or "possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of references that are approved by the state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the following:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner of rights to that trademark, trade name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed, or distributed by a person other than the person that manufactured, processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance;
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, and color, or its markings, labeling, packaging, distribution, or the price for which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises.
(Q)
"School" means any school operated by a board of education,
any community school established under Chapter 3314. of the Revised
Code, or any nonpublic school for which the state
board director
of
education
and
workforce
prescribes
minimum standards under section 3301.07 of the Revised Code, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted at the time a criminal
offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;
(2)
Any other parcel of real property that is owned or leased by a board
of education of a school, the governing authority of a community
school established under Chapter 3314. of the Revised Code, or the
governing body of a nonpublic school for which the state
board director
of
education
and
workforce
prescribes
minimum standards under section 3301.07 of the Revised Code and on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted on the parcel of real property at the time a criminal
offense is committed.
(S) "School building" means any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel appointed by the board of commissioners on grievances and discipline of the supreme court under the Rules for the Government of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted and organized committee of the Ohio state bar association or of one or more local bar associations of the state of Ohio that complies with the criteria set forth in Rule V, section 6 of the Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in divisions (W)(1) to (37) of this section and that qualifies a person as a professionally licensed person.
(W) "Professionally licensed person" means any of the following:
(1) A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under Chapter 4701. of the Revised Code and who holds an Ohio permit issued under that chapter;
(2) A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703. of the Revised Code;
(3) A person who is registered as a landscape architect under Chapter 4703. of the Revised Code or who holds a permit as a landscape architect issued under that chapter;
(4) A person licensed under Chapter 4707. of the Revised Code;
(5) A person who has been issued a certificate of registration as a registered barber under Chapter 4709. of the Revised Code;
(6) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710. of the Revised Code;
(7) A person who has been issued a cosmetologist's license, hair designer's license, manicurist's license, esthetician's license, natural hair stylist's license, advanced cosmetologist's license, advanced hair designer's license, advanced manicurist's license, advanced esthetician's license, advanced natural hair stylist's license, cosmetology instructor's license, hair design instructor's license, manicurist instructor's license, esthetics instructor's license, natural hair style instructor's license, independent contractor's license, or tanning facility permit under Chapter 4713. of the Revised Code;
(8) A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious sedation permit, a limited resident's license, a limited teaching license, a dental hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715. of the Revised Code;
(9) A person who has been issued an embalmer's license, a funeral director's license, a funeral home license, or a crematory license, or who has been registered for an embalmer's or funeral director's apprenticeship under Chapter 4717. of the Revised Code;
(10) A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723. of the Revised Code;
(11) A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725. of the Revised Code;
(12) A person licensed to act as a pawnbroker under Chapter 4727. of the Revised Code;
(13) A person licensed to act as a precious metals dealer under Chapter 4728. of the Revised Code;
(14) A person licensed under Chapter 4729. of the Revised Code as a pharmacist or pharmacy intern or registered under that chapter as a registered pharmacy technician, certified pharmacy technician, or pharmacy technician trainee;
(15) A person licensed under Chapter 4729. of the Revised Code as a manufacturer of dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, wholesale distributor of dangerous drugs, or terminal distributor of dangerous drugs;
(16) A person who is authorized to practice as a physician assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a license to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of the Revised Code or has been issued a certificate to practice a limited branch of medicine under that chapter;
(18) A person licensed as a psychologist, independent school psychologist, or school psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered environmental health specialist under Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747. of the Revised Code;
(28) A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed to practice as a nursing home administrator under Chapter 4751. of the Revised Code;
(30) A person licensed to practice as a speech-language pathologist or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational therapist or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a licensed professional clinical counselor, licensed professional counselor, social worker, independent social worker, independent marriage and family therapist, or marriage and family therapist, or registered as a social work assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit to practice respiratory therapy under Chapter 4761. of the Revised Code;
(35) A person who has been issued a real estate appraiser certificate under Chapter 4763. of the Revised Code;
(36) A person who has been issued a home inspector license under Chapter 4764. of the Revised Code;
(37) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine;
(3) A salt, compound, derivative, or preparation of a substance identified in division (X)(1) or (2) of this section that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means a resin or a preparation of a resin to which both of the following apply:
(1) It is contained in or derived from any part of the plant of the genus cannabis, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
(2) It has a delta-9 tetrahydrocannabinol concentration of more than three-tenths per cent.
"Hashish" does not include a hemp byproduct in the possession of a licensed hemp processor under Chapter 928. of the Revised Code, provided that the hemp byproduct is being produced, stored, and disposed of in accordance with rules adopted under section 928.03 of the Revised Code.
(AA) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile" if the offender commits the offense within one hundred feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within one hundred feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a prison term shall be imposed" means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in section 2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the following:
(1) A violation of section 2925.11 of the Revised Code as it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and after July 1, 1996, that is a misdemeanor or a felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Deception" has the same meaning as in section 2913.01 of the Revised Code.
(KK) "Fentanyl-related compound" means any of the following:
(1) Fentanyl;
(2) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4- piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(3) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide);
(4) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl] -N-phenylpropanamide);
(5) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2- phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);
(6) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(7) 3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4- piperidinyl]-N-phenylpropanamide);
(8) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]propanamide;
(9) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(10) Alfentanil;
(11) Carfentanil;
(12) Remifentanil;
(13) Sufentanil;
(14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4- piperidinyl]-N-phenylacetamide); and
(15) Any compound that meets all of the following fentanyl pharmacophore requirements to bind at the mu receptor, as identified by a report from an established forensic laboratory, including acetylfentanyl, furanylfentanyl, valerylfentanyl, butyrylfentanyl, isobutyrylfentanyl, 4-methoxybutyrylfentanyl, para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:
(a) A chemical scaffold consisting of both of the following:
(i) A five, six, or seven member ring structure containing a nitrogen, whether or not further substituted;
(ii) An attached nitrogen to the ring, whether or not that nitrogen is enclosed in a ring structure, including an attached aromatic ring or other lipophilic group to that nitrogen.
(b) A polar functional group attached to the chemical scaffold, including but not limited to a hydroxyl, ketone, amide, or ester;
(c) An alkyl or aryl substitution off the ring nitrogen of the chemical scaffold; and
(d) The compound has not been approved for medical use by the United States food and drug administration.
(LL) "First degree felony mandatory prison term" means one of the definite prison terms prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(1)(a) of that section for a felony of the first degree.
(MM) "Second degree felony mandatory prison term" means one of the definite prison terms prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(2)(a) of that section for a felony of the second degree.
(NN) "Maximum first degree felony mandatory prison term" means the maximum definite prison term prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means the longest minimum prison term prescribed in division (A)(1)(a) of that section for a felony of the first degree.
(OO) "Maximum second degree felony mandatory prison term" means the maximum definite prison term prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second degree, except that if the violation for which sentence is being imposed is committed on or after March 22, 2019, it means the longest minimum prison term prescribed in division (A)(2)(a) of that section for a felony of the second degree.
(PP) "Delta-9 tetrahydrocannabinol" has the same meaning as in section 928.01 of the Revised Code.
(QQ) An offense is "committed in the vicinity of a substance addiction services provider or a recovering addict" if either of the following apply:
(1) The offender commits the offense on the premises of a substance addiction services provider's facility, including a facility licensed prior to June 29, 2019, under section 5119.391 of the Revised Code to provide methadone treatment or an opioid treatment program licensed on or after that date under section 5119.37 of the Revised Code, or within five hundred feet of the premises of a substance addiction services provider's facility and the offender knows or should know that the offense is being committed within the vicinity of the substance addiction services provider's facility.
(2) The offender sells, offers to sell, delivers, or distributes the controlled substance or controlled substance analog to a person who is receiving treatment at the time of the commission of the offense, or received treatment within thirty days prior to the commission of the offense, from a substance addiction services provider and the offender knows that the person is receiving or received that treatment.
(RR) "Substance addiction services provider" means an agency, association, corporation or other legal entity, individual, or program that provides one or more of the following at a facility:
(1) Either alcohol addiction services, or drug addiction services, or both such services that are certified by the director of mental health and addiction services under section 5119.36 of the Revised Code;
(2) Recovery supports that are related to either alcohol addiction services, or drug addiction services, or both such services and paid for with federal, state, or local funds administered by the department of mental health and addiction services or a board of alcohol, drug addiction, and mental health services.
(SS) "Premises of a substance addiction services provider's facility" means the parcel of real property on which any substance addiction service provider's facility is situated.
(TT) "Alcohol and drug addiction services" has the same meaning as in section 5119.01 of the Revised Code.
Sec. 2950.11. (A) Regardless of when the sexually oriented offense or child-victim oriented offense was committed, if a person is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a sexually oriented offense or a child-victim oriented offense or a person is or has been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense and is classified a juvenile offender registrant or is an out-of-state juvenile offender registrant based on that adjudication, and if the offender or delinquent child is in any category specified in division (F)(1)(a), (b), or (c) of this section, the sheriff with whom the offender or delinquent child has most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff to whom the offender or delinquent child most recently sent a notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code, within the period of time specified in division (C) of this section, shall provide a written notice containing the information set forth in division (B) of this section to all of the persons described in divisions (A)(1) to (10) of this section. If the sheriff has sent a notice to the persons described in those divisions as a result of receiving a notice of intent to reside and if the offender or delinquent child registers a residence address that is the same residence address described in the notice of intent to reside, the sheriff is not required to send an additional notice when the offender or delinquent child registers. The sheriff shall provide the notice to all of the following persons:
(1)(a) Any occupant of each residential unit that is located within one thousand feet of the offender's or delinquent child's residential premises, that is located within the county served by the sheriff, and that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division.
(b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional persons who are within any category of neighbors of the offender or delinquent child that the attorney general by rule adopted under section 2950.13 of the Revised Code requires to be provided the notice and who reside within the county served by the sheriff;
(2) The executive director of the public children services agency that has jurisdiction within the specified geographical notification area and that is located within the county served by the sheriff;
(3)(a) The superintendent of each board of education of a school district that has schools within the specified geographical notification area and that is located within the county served by the sheriff;
(b) The principal of the school within the specified geographical notification area and within the county served by the sheriff that the delinquent child attends;
(c) If the delinquent child attends a school outside of the specified geographical notification area or outside of the school district where the delinquent child resides, the superintendent of the board of education of a school district that governs the school that the delinquent child attends and the principal of the school that the delinquent child attends.
(4)(a) The appointing or hiring officer of each chartered nonpublic school located within the specified geographical notification area and within the county served by the sheriff or of each other school located within the specified geographical notification area and within the county served by the sheriff and that is not operated by a board of education described in division (A)(3) of this section;
(b) Regardless of the location of the school, the appointing or hiring officer of a chartered nonpublic school that the delinquent child attends.
(5) The director, head teacher, elementary principal, or site administrator of each preschool program governed by Chapter 3301. of the Revised Code that is located within the specified geographical notification area and within the county served by the sheriff;
(6) The administrator of each child day-care center or type A family day-care home that is located within the specified geographical notification area and within the county served by the sheriff, and each holder of a license to operate a type B family day-care home that is located within the specified geographical notification area and within the county served by the sheriff. As used in this division, "child day-care center," "type A family day-care home," and "type B family day-care home" have the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of each institution of higher education, as defined in section 2907.03 of the Revised Code, that is located within the specified geographical notification area and within the county served by the sheriff, and the chief law enforcement officer of the state university law enforcement agency or campus police department established under section 3345.04 or 1713.50 of the Revised Code, if any, that serves that institution;
(8) The sheriff of each county that includes any portion of the specified geographical notification area;
(9) If the offender or delinquent child resides within the county served by the sheriff, the chief of police, marshal, or other chief law enforcement officer of the municipal corporation in which the offender or delinquent child resides or, if the offender or delinquent child resides in an unincorporated area, the constable or chief of the police department or police district police force of the township in which the offender or delinquent child resides;
(10) Volunteer organizations in which contact with minors or other vulnerable individuals might occur or any organization, company, or individual who requests notification as provided in division (J) of this section.
(B) The notice required under division (A) of this section shall include all of the following information regarding the subject offender or delinquent child:
(1) The offender's or delinquent child's name;
(2) The address or addresses of the offender's or public registry-qualified juvenile offender registrant's residence, school, institution of higher education, or place of employment, as applicable, or the residence address or addresses of a delinquent child who is not a public registry-qualified juvenile offender registrant;
(3) The sexually oriented offense or child-victim oriented offense of which the offender was convicted, to which the offender pleaded guilty, or for which the child was adjudicated a delinquent child;
(4) A statement that identifies the category specified in division (F)(1)(a), (b), or (c) of this section that includes the offender or delinquent child and that subjects the offender or delinquent child to this section;
(5) The offender's or delinquent child's photograph.
(C) If a sheriff with whom an offender or delinquent child registers under section 2950.04, 2950.041, or 2950.05 of the Revised Code or to whom the offender or delinquent child most recently sent a notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code is required by division (A) of this section to provide notices regarding an offender or delinquent child and if, pursuant to that requirement, the sheriff provides a notice to a sheriff of one or more other counties in accordance with division (A)(8) of this section, the sheriff of each of the other counties who is provided notice under division (A)(8) of this section shall provide the notices described in divisions (A)(1) to (7) and (A)(9) and (10) of this section to each person or entity identified within those divisions that is located within the specified geographical notification area and within the county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this section to provide notices regarding an offender or delinquent child shall provide the notice to the neighbors that are described in division (A)(1) of this section and the notices to law enforcement personnel that are described in divisions (A)(8) and (9) of this section as soon as practicable, but no later than five days after the offender sends the notice of intent to reside to the sheriff and again no later than five days after the offender or delinquent child registers with the sheriff or, if the sheriff is required by division (C) of this section to provide the notices, no later than five days after the sheriff is provided the notice described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to provide notices regarding an offender or delinquent child shall provide the notices to all other specified persons that are described in divisions (A)(2) to (7) and (A)(10) of this section as soon as practicable, but not later than seven days after the offender or delinquent child registers with the sheriff or, if the sheriff is required by division (C) of this section to provide the notices, no later than five days after the sheriff is provided the notice described in division (A)(8) of this section.
(2) If an offender or delinquent child in relation to whom division (A) of this section applies verifies the offender's or delinquent child's current residence, school, institution of higher education, or place of employment address, as applicable, with a sheriff pursuant to section 2950.06 of the Revised Code, the sheriff may provide a written notice containing the information set forth in division (B) of this section to the persons identified in divisions (A)(1) to (10) of this section. If a sheriff provides a notice pursuant to this division to the sheriff of one or more other counties in accordance with division (A)(8) of this section, the sheriff of each of the other counties who is provided the notice under division (A)(8) of this section may provide, but is not required to provide, a written notice containing the information set forth in division (B) of this section to the persons identified in divisions (A)(1) to (7) and (A)(9) and (10) of this section.
(3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit.
(E) All information that a sheriff possesses regarding an offender or delinquent child who is in a category specified in division (F)(1)(a), (b), or (c) of this section that is described in division (B) of this section and that must be provided in a notice required under division (A) or (C) of this section or that may be provided in a notice authorized under division (D)(2) of this section is a public record that is open to inspection under section 149.43 of the Revised Code.
The sheriff shall not cause to be publicly disseminated by means of the internet any of the information described in this division that is provided by a delinquent child unless that child is in a category specified in division (F)(1)(a), (b), or (c) of this section.
(F)(1) Except as provided in division (F)(2) of this section, the duties to provide the notices described in divisions (A) and (C) of this section apply regarding any offender or delinquent child who is in any of the following categories:
(a) The offender is a tier III sex offender/child-victim offender, or the delinquent child is a public registry-qualified juvenile offender registrant, and a juvenile court has not removed pursuant to section 2950.15 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex offender/child-victim offender who is not a public registry-qualified juvenile offender registrant, the delinquent child was subjected to this section prior to January 1, 2008, as a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender, as those terms were defined in section 2950.01 of the Revised Code as it existed prior to January 1, 2008, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(c) The delinquent child is a tier III sex offender/child-victim offender who is not a public registry-qualified juvenile offender registrant, the delinquent child was classified a juvenile offender registrant on or after January 1, 2008, the court has imposed a requirement under section 2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the delinquent child to this section, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(2) The notification provisions of this section do not apply to a person described in division (F)(1)(a), (b), or (c) of this section if a court finds at a hearing after considering the factors described in this division that the person would not be subject to the notification provisions of this section that were in the version of this section that existed immediately prior to January 1, 2008. In making the determination of whether a person would have been subject to the notification provisions under prior law as described in this division, the court shall consider the following factors:
(a) The offender's or delinquent child's age;
(b) The offender's or delinquent child's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made;
(d) Whether the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made involved multiple victims;
(e) Whether the offender or delinquent child used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting;
(f) If the offender or delinquent child previously has been convicted of or pleaded guilty to, or been adjudicated a delinquent child for committing an act that if committed by an adult would be, a criminal offense, whether the offender or delinquent child completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sex offense or a sexually oriented offense, whether the offender or delinquent child participated in available programs for sexual offenders;
(g) Any mental illness or mental disability of the offender or delinquent child;
(h) The nature of the offender's or delinquent child's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse;
(i) Whether the offender or delinquent child, during the commission of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made, displayed cruelty or made one or more threats of cruelty;
(j) Whether the offender or delinquent child would have been a habitual sex offender or a habitual child victim offender under the definitions of those terms set forth in section 2950.01 of the Revised Code as that section existed prior to January 1, 2008;
(k) Any additional behavioral characteristics that contribute to the offender's or delinquent child's conduct.
(G)(1) The department of job and family services shall compile, maintain, and update in January and July of each year, a list of all agencies, centers, or homes of a type described in division (A)(2) or (6) of this section that contains the name of each agency, center, or home of that type, the county in which it is located, its address and telephone number, and the name of an administrative officer or employee of the agency, center, or home.
(2) The department of education and workforce shall compile, maintain, and update in January and July of each year, a list of all boards of education, schools, or programs of a type described in division (A)(3), (4), or (5) of this section that contains the name of each board of education, school, or program of that type, the county in which it is located, its address and telephone number, the name of the superintendent of the board or of an administrative officer or employee of the school or program, and, in relation to a board of education, the county or counties in which each of its schools is located and the address of each such school.
(3)
The Ohio
board of regents chancellor
of higher education shall
compile, maintain, and update in January and July of each year, a
list of all institutions of a type described in division (A)(7) of
this section that contains the name of each such institution, the
county in which it is located, its address and telephone number, and
the name of its president or other chief administrative officer.
(4)
A sheriff required by division (A) or (C) of this section, or
authorized by division (D)(2) of this section, to provide notices
regarding an offender or delinquent child, or a designee of a sheriff
of that type, may request the department of job and family services,,
department
of education,
or Ohio board of regents
and
workforce,
or
chancellor
by
telephone, in person, or by mail, to provide the sheriff or designee
with the names, addresses, and telephone numbers of the appropriate
persons and entities to whom the notices described in divisions
(A)(2) to (7) of this section are to be provided. Upon receipt of a
request, the department or
board shall
provide the requesting sheriff or designee with the names, addresses,
and telephone numbers of the appropriate persons and entities to whom
those notices are to be provided.
(H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense for which the offender is subject to community notification under this section, or upon the motion of the sentencing judge or that judge's successor in office, the judge may schedule a hearing to determine whether the interests of justice would be served by suspending the community notification requirement under this section in relation to the offender. The judge may dismiss the motion without a hearing but may not issue an order suspending the community notification requirement without a hearing. At the hearing, all parties are entitled to be heard, and the judge shall consider all of the factors set forth in division (K) of this section. If, at the conclusion of the hearing, the judge finds that the offender has proven by clear and convincing evidence that the offender is unlikely to commit in the future a sexually oriented offense or a child-victim oriented offense and if the judge finds that suspending the community notification requirement is in the interests of justice, the judge may suspend the application of this section in relation to the offender. The order shall contain both of these findings.
The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and an offender who is subject to the community notification requirement under this section may initially make a motion under division (H)(1) of this section upon the expiration of twenty years after the offender's duty to comply with division (A)(2), (3), or (4) of section 2950.04, division (A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community notification. After the initial making of a motion under division (H)(1) of this section, thereafter, the prosecutor, judge, and offender may make a subsequent motion under that division upon the expiration of five years after the judge has entered an order denying the initial motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Divisions (H)(1) to (3) of this section do not apply to any of the following types of offender:
(a) A person who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and who, in relation to that offense, is adjudicated a sexually violent predator;
(b) A person who is convicted of or pleads guilty to a sexually oriented offense that is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, and either who is sentenced under section 2971.03 of the Revised Code or upon whom a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code;
(c) A person who is convicted of or pleads guilty to a sexually oriented offense that is attempted rape committed on or after January 2, 2007, and who also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code;
(d) A person who is convicted of or pleads guilty to an offense described in division (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code and who is sentenced for that offense pursuant to that division;
(e) An offender who is in a category specified in division (F)(1)(a), (b), or (c) of this section and who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or child-victim oriented offense.
(I) If a person is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a sexually oriented offense or a child-victim oriented offense or a person is or has been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense and is classified a juvenile offender registrant or is an out-of-state juvenile offender registrant based on that adjudication, and if the offender or delinquent child is not in any category specified in division (F)(1)(a), (b), or (c) of this section, the sheriff with whom the offender or delinquent child has most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff to whom the offender or delinquent child most recently sent a notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code, within the period of time specified in division (D) of this section, shall provide a written notice containing the information set forth in division (B) of this section to the executive director of the public children services agency that has jurisdiction within the specified geographical notification area and that is located within the county served by the sheriff.
(J) Each sheriff shall allow a volunteer organization or other organization, company, or individual who wishes to receive the notice described in division (A)(10) of this section regarding a specific offender or delinquent child or notice regarding all offenders and delinquent children who are located in the specified geographical notification area to notify the sheriff by electronic mail or through the sheriff's web site of this election. The sheriff shall promptly inform the bureau of criminal identification and investigation of these requests in accordance with the forwarding procedures adopted by the attorney general pursuant to section 2950.13 of the Revised Code.
(K) In making a determination under division (H)(1) of this section as to whether to suspend the community notification requirement under this section for an offender, the judge shall consider all relevant factors, including, but not limited to, all of the following:
(1) The offender's age;
(2) The offender's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexually oriented offenses or child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or child-victim oriented offense the offender committed;
(4) Whether the sexually oriented offense or child-victim oriented offense the offender committed involved multiple victims;
(5) Whether the offender used drugs or alcohol to impair the victim of the sexually oriented offense or child-victim oriented offense the offender committed or to prevent the victim from resisting;
(6) If the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing an act that if committed by an adult would be a criminal offense, whether the offender completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sexually oriented offense or a child-victim oriented offense, whether the offender or delinquent child participated in available programs for sex offenders or child-victim offenders;
(7) Any mental illness or mental disability of the offender;
(8) The nature of the offender's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense the offender committed or the nature of the offender's interaction in a sexual context with the victim of the child-victim oriented offense the offender committed, whichever is applicable, and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse;
(9) Whether the offender, during the commission of the sexually oriented offense or child-victim oriented offense the offender committed, displayed cruelty or made one or more threats of cruelty;
(10) Any additional behavioral characteristics that contribute to the offender's conduct.
(L) As used in this section, "specified geographical notification area" means the geographic area or areas within which the attorney general, by rule adopted under section 2950.13 of the Revised Code, requires the notice described in division (B) of this section to be given to the persons identified in divisions (A)(2) to (8) of this section.
Sec. 2953.34. (A) Inspection of the sealed records included in a sealing order may be made only by the following persons or for the following purposes:
(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(3) Upon application by the person who is the subject of the records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction or department of youth services as part of a background investigation of a person who applies for employment with the agency or with the department;
(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, division (I) of section 2953.34 of the Revised Code;
(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(10) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;
(11) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code;
(13) By a court, the registrar of motor vehicles, a prosecuting attorney or the prosecuting attorney's assistants, or a law enforcement officer for the purpose of assessing points against a person under section 4510.036 of the Revised Code or for taking action with regard to points assessed.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(B) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing or expungement previously was issued pursuant to sections 2953.31 to 2953.34 of the Revised Code.
(C) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to section 2953.32 of the Revised Code may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (A), (B), and (D) of this section.
(D)
Notwithstanding any provision of this section or section 2953.32 of
the Revised Code that requires otherwise, a board of education of a
city, local, exempted village, or joint vocational school district
that maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code is
permitted to maintain records regarding a conviction that was used as
the basis for the individual's permanent exclusion, regardless of a
court order to seal or expunge the record. An order issued under this
section to seal or expunge the record of a conviction does not revoke
the adjudication order of the superintendent
of public instruction director
of education and workforce to
permanently exclude the individual who is the subject of the sealing
or expungement order. An order issued under this section to seal or
expunge the record of a conviction of an individual may be presented
to a district superintendent as evidence to support the contention
that the superintendent should recommend that the permanent exclusion
of the individual who is the subject of the sealing or expungement
order be revoked. Except as otherwise authorized by this division and
sections 3301.121 and 3313.662 of the Revised Code, any school
employee in possession of or having access to the sealed or expunged
conviction records of an individual that were the basis of a
permanent exclusion of the individual is subject to division (J) of
this section.
(E) Notwithstanding any provision of this section or section 2953.32 of the Revised Code that requires otherwise, if the auditor of state or a prosecutor maintains records, reports, or audits of an individual who has been forever disqualified from holding public office, employment, or a position of trust in this state under sections 2921.41 and 2921.43 of the Revised Code, or has otherwise been convicted of an offense based upon the records, reports, or audits of the auditor of state, the auditor of state or prosecutor is permitted to maintain those records to the extent they were used as the basis for the individual's disqualification or conviction, and shall not be compelled by court order to seal or expunge those records.
(F) For purposes of sections 2953.31 and 2953.34 of the Revised Code, DNA records collected in the DNA database and fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation shall not be sealed or expunged unless the superintendent receives a certified copy of a final court order establishing that the offender's conviction has been overturned. For purposes of this section, a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(G) The sealing of a record under this section does not affect the assessment of points under section 4510.036 of the Revised Code and does not erase points assessed against a person as a result of the sealed record.
(H)(1) The court shall send notice of any order to seal official records issued pursuant to division (B)(3) of section 2953.33 of the Revised Code to the bureau of criminal identification and investigation and shall send notice of any order issued pursuant to division (B)(4) of that section to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order.
(2) A person whose official records have been sealed pursuant to an order issued pursuant to section 2953.33 of the Revised Code may present a copy of that order and a written request to comply with it, to a public office or agency that has a record of the case that is the subject of the order.
(3) An order to seal official records issued pursuant to section 2953.33 of the Revised Code applies to every public office or agency that has a record of the case that is the subject of the order, regardless of whether it receives notice of the hearing on the application for the order to seal the official records or receives a copy of the order to seal the official records pursuant to division (H)(1) or (2) of this section.
(4) Upon receiving a copy of an order to seal official records pursuant to division (H)(1) or (2) of this section or upon otherwise becoming aware of an applicable order to seal official records issued pursuant to section 2953.33 of the Revised Code, a public office or agency shall comply with the order and, if applicable, with division (K) of this section, except that it may maintain a record of the case that is the subject of the order if the record is maintained for the purpose of compiling statistical data only and does not contain any reference to the person who is the subject of the case and the order.
(5) A public office or agency also may maintain an index of sealed official records, in a form similar to that for sealed records of conviction as set forth in division (C) of this section, access to which may not be afforded to any person other than the person who has custody of the sealed official records. The sealed official records to which such an index pertains shall not be available to any person, except that the official records of a case that have been sealed may be made available to the following persons for the following purposes:
(a) To the person who is the subject of the records upon written application, and to any other person named in the application, for any purpose;
(b) To a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(c) To a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(d) To a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program under division (E)(2)(b) of section 4301.69 of the Revised Code.
(I)(1) Upon the issuance of an order by a court pursuant to division (D)(2) of section 2953.32 of the Revised Code directing that all official records of a case pertaining to a conviction or bail forfeiture be sealed or expunged or an order by a court pursuant to division (E) of section 2151.358, division (C)(2) of section 2953.35, or division (E) of section 2953.36 of the Revised Code directing that all official records of a case pertaining to a conviction or delinquent child adjudication be expunged:
(a) Every law enforcement officer who possesses investigatory work product immediately shall deliver that work product to the law enforcement officer's employing law enforcement agency.
(b) Except as provided in divisions (I)(1)(c) and (d) of this section, every law enforcement agency that possesses investigatory work product shall close that work product to all persons who are not directly employed by the law enforcement agency and shall treat that work product, in relation to all persons other than those who are directly employed by the law enforcement agency, as if it did not exist and never had existed.
(c) A law enforcement agency that possesses investigatory work product may permit another law enforcement agency to use that work product in the investigation of another offense if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that permits the use of investigatory work product may provide the other agency with the name of the person who is the subject of the case if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.
(d) The auditor of state may provide to or discuss with other parties investigatory work product maintained pursuant to Chapter 117. of the Revised Code by the auditor of state.
(2)(a) Except as provided in divisions (I)(1)(c) and (d) of this section, no law enforcement officer or other person employed by a law enforcement agency shall knowingly release, disseminate, or otherwise make the investigatory work product or any information contained in that work product available to, or discuss any information contained in it with, any person not employed by the employing law enforcement agency.
(b) No law enforcement agency, or person employed by a law enforcement agency, that receives investigatory work product pursuant to divisions (I)(1)(c) and (d) of this section shall use that work product for any purpose other than the investigation of the offense for which it was obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the work product except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which it was obtained from the other law enforcement agency.
(3) Whoever violates division (I)(2)(a) or (b) of this section is guilty of divulging confidential investigatory work product, a misdemeanor of the fourth degree.
(J)(1) Except as authorized by divisions (A) to (C) of this section or by Chapter 2950. of the Revised Code and subject to division (J)(2) of this section, any officer or employee of the state, or a political subdivision of the state, who releases or otherwise disseminates or makes available for any purpose involving employment, bonding, or licensing in connection with any business, trade, or profession to any person, or to any department, agency, or other instrumentality of the state, or any political subdivision of the state, any information or other data concerning any law enforcement or justice system matter the records with respect to which the officer or employee had knowledge of were sealed by an existing order issued pursuant to section 2953.32 of the Revised Code, division (E) of section 2151.358, section 2953.35, or section 2953.36 of the Revised Code, or were expunged by an order issued pursuant to section 2953.42 of the Revised Code as it existed prior to June 29, 1988, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(2) Division (J)(1) of this section does not apply to an officer or employee of the state, or a political subdivision of the state, who releases or otherwise disseminates or makes available for any purpose specified in that division any information or other data concerning a law enforcement or justice system matter the records of which the officer had knowledge were sealed or expunged by an order of a type described in that division, if all of the following apply:
(a) The officer or employee released, disseminated, or made available the information or data from the sealed or expunged records together with information or data concerning another law enforcement or justice system matter.
(b) The records of the other law enforcement or justice system matter were not sealed or expunged by any order of a type described in division (J)(1) of this section.
(c) The law enforcement or justice system matter covered by the information or data from the sealed or expunged records and the other law enforcement or justice system matter covered by the information or data from the records that were not sealed or expunged resulted from or were connected to the same act.
(d) The officer or employee made a good faith effort to not release, disseminate, or make available any information or other data concerning any law enforcement or justice system matter from the sealed or expunged records, and the officer or employee did not release, disseminate, or make available the information or other data from the sealed or expunged records with malicious purpose, in bad faith, or in a wanton or reckless manner.
(3) Any person who, in violation of this section, uses, disseminates, or otherwise makes available any index prepared pursuant to division (C) of this section is guilty of a misdemeanor of the fourth degree.
(K)(1) Except as otherwise provided in Chapter 2950. of the Revised Code, upon the issuance of an order by a court under division (B) of section 2953.33 of the Revised Code directing that all official records pertaining to a case be sealed and that the proceedings in the case be deemed not to have occurred:
(a) Every law enforcement officer possessing records or reports pertaining to the case that are the officer's specific investigatory work product and that are excepted from the definition of official records shall immediately deliver the records and reports to the officer's employing law enforcement agency. Except as provided in division (K)(1)(c) or (d) of this section, no such officer shall knowingly release, disseminate, or otherwise make the records and reports or any information contained in them available to, or discuss any information contained in them with, any person not employed by the officer's employing law enforcement agency.
(b) Every law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of official records, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (K)(1)(a) of this section shall, except as provided in division (K)(1)(c) or (d) of this section, close the records and reports to all persons who are not directly employed by the law enforcement agency and shall, except as provided in division (K)(1)(c) or (d) of this section, treat the records and reports, in relation to all persons other than those who are directly employed by the law enforcement agency, as if they did not exist and had never existed. Except as provided in division (K)(1)(c) or (d) of this section, no person who is employed by the law enforcement agency shall knowingly release, disseminate, or otherwise make the records and reports in the possession of the employing law enforcement agency or any information contained in them available to, or discuss any information contained in them with, any person not employed by the employing law enforcement agency.
(c) A law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of official records, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (K)(1)(a) of this section may permit another law enforcement agency to use the records or reports in the investigation of another offense, if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that provides the records and reports may provide the other agency with the name of the person who is the subject of the case, if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.
No law enforcement agency, or person employed by a law enforcement agency, that receives from another law enforcement agency records or reports pertaining to a case the records of which have been ordered sealed pursuant to division (B) of section 2953.33 of the Revised Code shall use the records and reports for any purpose other than the investigation of the offense for which they were obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the records or reports except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which they were obtained from the other law enforcement agency.
(d) The auditor of state may provide to or discuss with other parties records, reports, or audits maintained by the auditor of state pursuant to Chapter 117. of the Revised Code pertaining to the case that are the auditor of state's specific investigatory work product and that are excepted from the definition of "official records" contained in division (C) of section 2953.31 of the Revised Code, or that are the specific investigatory work product of a law enforcement officer the auditor of state employs and that were delivered to the auditor of state under division (K)(1)(a) of this section.
(2) Whoever violates division (K)(1) of this section is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(L)(1) In any application for employment, license, or any other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any record that has been sealed pursuant to section 2953.33 of the Revised Code. If an inquiry is made in violation of this division, the person whose official record was sealed may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur, and the person whose official record was sealed shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response.
(2) An officer or employee of the state or any of its political subdivisions who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state, or of any of its political subdivisions, any information or other data concerning any arrest, complaint, indictment, information, trial, adjudication, or correctional supervision, knowing the records of which have been sealed pursuant to section 2953.33 of the Revised Code, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(M) It is not a violation of division (I), (J), (K), or (L) of this section for the bureau of criminal identification and investigation or any authorized employee of the bureau participating in the investigation of criminal activity to release, disseminate, or otherwise make available to, or discuss with, a person directly employed by a law enforcement agency DNA records collected in the DNA database or fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation.
(N)(1) An order issued under section 2953.35 of the Revised Code to expunge the record of a person's conviction or, except as provided in division (D) of this section, an order issued under that section to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control.
(2)(a) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (B) of this section and in section 3319.292 of the Revised Code and subject to division (N)(2)(c) of this section, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered.
(b) In any application for a certificate of qualification for employment under section 2953.25 of the Revised Code, a person may be questioned only with respect to convictions not sealed and bail forfeitures not sealed.
(c) A person may not be questioned in any application, appearance, or inquiry of a type described in division (N)(2)(a) of this section with respect to any conviction expunged under section 2953.35 of the Revised Code.
(O) Nothing in section 2953.32 or 2953.34 of the Revised Code precludes an offender from taking an appeal or seeking any relief from the offender's conviction or from relying on it in lieu of any subsequent prosecution for the same offense.
Sec. 3301.01. (A) There is hereby created the state board of education consisting of nineteen members with eleven elected members, one each to be elected in accordance with section 3301.03 of the Revised Code from each of the districts established in accordance with division (B) of this section, and with eight members to be appointed by the governor with the advice and consent of the senate.
In addition to the nineteen elected or appointed members, the chairperson of the committee of the senate that primarily deals with education and the chairperson of the committee of the house of representatives that primarily deals with education shall be nonvoting ex officio members of the board.
(B)(1) The territory of each state board of education district for each elected voting member of the board shall consist of the territory of three contiguous senate districts as established in the most recent apportionment for members of the general assembly, but the territory of no senate district shall be part of the territory of more than one state board of education district. Each state board of education district shall be as compact as practicable. The districts shall include, when practicable, some districts that primarily consist of territory in rural areas and some districts that primarily consist of territory in urban areas.
(2) If, after the apportionment for members of the general assembly is made in any year, the general assembly does not during that year enact legislation establishing state board of education districts in accordance with division (B)(1) of this section, the governor shall designate the boundaries of the districts in accordance with division (B)(1) of this section no later than the thirty-first day of January of the year next succeeding such apportionment. Upon making such designation, the governor shall give written notice of the boundaries of the districts to each member of the state board of education, including the nonvoting ex officio members; the superintendent of public instruction; the director of education and workforce; the president of the senate; the speaker of the house of representatives; and the board of elections of each county in each new district. On the first day of February in any year in which the governor designates the boundaries of state board of education districts under this section, the state board of education districts as they existed prior to that date shall cease to exist and the new districts shall be created.
Sec.
3301.07. The
state
board
director
of
education
and
workforce
shall
exercise under the acts of the general assembly general supervision
of the system of public education in the state. In addition to the
powers otherwise imposed on the
state
board
director
under
the provisions of law, the board
director
shall
have the powers described in this section.
(A)
The
state
board
director
shall
exercise policy forming, planning, and evaluative functions for the
public schools of the state except as otherwise provided by law.
(B)(1)
The
state
board
director
shall
exercise leadership in the improvement of public education in this
state, and administer the educational policies of this state relating
to public schools, and relating to instruction and instructional
material, building and equipment, transportation of pupils,
administrative responsibilities of school officials and personnel,
and finance and organization of school districts, educational service
centers, and territory. Consultative and advisory services in such
matters shall be provided by the
board
department
of education and workforce to
school districts and educational service centers of this state.
(2)
The
state
board
director
also
shall develop a standard of financial reporting which shall be used
by each school district board of education and each governing board
of an educational service center, each governing authority of a
community school established under Chapter 3314., each governing body
of a STEM school established under Chapter
3328.
3326.,
and each board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code to make its
financial information and annual budgets for each school building
under its control available to the public in a format understandable
by the average citizen. The format shall show, both at the district
and at the school building level, revenue by source; expenditures for
salaries, wages, and benefits of employees, showing such amounts
separately for classroom teachers, other employees required to hold
licenses issued pursuant to sections 3319.22 to 3319.31 of the
Revised Code, and all other employees; expenditures other than for
personnel, by category, including utilities, textbooks and other
educational materials, equipment, permanent improvements, pupil
transportation, extracurricular athletics, and other extracurricular
activities; and per pupil expenditures. The format shall also include
information on total revenue and expenditures, per pupil revenue, and
expenditures for both classroom and nonclassroom purposes, as defined
by the standards adopted under section 3302.20 of the Revised Code in
the aggregate and for each subgroup of students, as defined by
section 3317.40 of the Revised Code, that receives services provided
for by state or federal funding.
(3)
Each school district board, governing authority, governing body, or
board of trustees, or its respective designee, shall annually report,
to the department
of
education,
all financial information required by the standards for financial
reporting, as prescribed by division (B)(2) of this section and
adopted by the
state
board
director.
The department shall make all reports submitted pursuant to this
division available in such a way that allows for comparison between
financial information included in these reports and financial
information included in reports produced prior to July 1, 2013. The
department shall post these reports in a prominent location on its
web site and shall notify each school when reports are made
available.
(C)
The
state
board
director
shall
administer and supervise the allocation and distribution of all state
and federal funds for public school education under the provisions of
law, and may prescribe such systems of accounting as are necessary
and proper to this function. It may require county auditors and
treasurers, boards of education, educational service center governing
boards, treasurers of such boards, teachers, and other school
officers and employees, or other public officers or employees, to
file with it such reports as it may prescribe relating to such funds,
or to the management and condition of such funds.
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, XLVII, and LI of the Revised Code a reference is made to standards prescribed under this section or division (D) of this section, that reference shall be construed to refer to the standards prescribed under division (D)(2) of this section, unless the context specifically indicates a different meaning or intent.
(2)
The
state
board
director
shall
formulate and prescribe minimum standards to be applied to all
elementary and secondary schools in this state for the purpose of
providing children access to a general education of high quality
according to the learning needs of each individual, including
students with disabilities, economically disadvantaged students,
English learners, and students identified as gifted. Such standards
shall provide adequately for: the
licensing of a
requirement that teachers,
administrators, and other professional personnel be
licensed by the state board of education and
their
assignment assigned
according
to training and qualifications; efficient and effective instructional
materials and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and reports
and the preparation of a statement of policies and objectives for
each school; the provision of safe buildings, grounds, health and
sanitary facilities and services; admission of pupils, and such
requirements for their promotion from grade to grade as will assure
that they are capable and prepared for the level of study to which
they are certified;
and
requirements
for graduation;
and such other factors as the board finds necessary.
The minimum standards the director adopts under this section are
limited to powers and duties that are expressly prescribed and
authorized in statute.
The
state
board
director
shall
base any standards governing the promotion of students or
requirements for graduation on the ability of students, at any grade
level, to earn credits or advance upon demonstration of mastery of
knowledge and skills through competency-based learning models.
Credits of grade level advancement shall not require a minimum number
of days or hours in a classroom.
The
state
board
director
shall
base any standards governing the assignment of staff on ensuring each
school has a sufficient number of teachers to ensure a student has an
appropriate level of interaction to meet each student's personal
learning goals.
In
the formulation and administration of such standards for nonpublic
schools the
board
director
shall
also consider the particular needs, methods and objectives of those
schools, provided they do not conflict with the provision of a
general education of a high quality and provided that regular
procedures shall be followed for promotion from grade to grade of
pupils who have met the educational requirements prescribed.
(3)
In addition to the minimum standards required by division (D)(2) of
this section, the
state
board
director
may
formulate and prescribe the following additional minimum operating
standards for school districts:
(a) Standards for the effective and efficient organization, administration, and supervision of each school district with a commitment to high expectations for every student based on the learning needs of each individual, including students with disabilities, economically disadvantaged students, English learners, and students identified as gifted, and commitment to closing the achievement gap without suppressing the achievement levels of higher achieving students so that all students achieve core knowledge and skills in accordance with the statewide academic standards adopted under section 3301.079 of the Revised Code;
(b) Standards for the establishment of business advisory councils under section 3313.82 of the Revised Code;
(c) Standards for school district buildings that may require the effective and efficient organization, administration, and supervision of each school district building with a commitment to high expectations for every student based on the learning needs of each individual, including students with disabilities, economically disadvantaged students, English learners, and students identified as gifted, and commitment to closing the achievement gap without suppressing the achievement levels of higher achieving students so that all students achieve core knowledge and skills in accordance with the statewide academic standards adopted under section 3301.079 of the Revised Code.
(E)
The
state
board
director
may
require as part of the health curriculum information developed under
section 2108.34 of the Revised Code promoting the donation of
anatomical gifts pursuant to Chapter 2108. of the Revised Code and
may provide the information to high schools, educational service
centers, and joint vocational school district boards of education;
(F)
The
state
board
director
shall
prepare and submit annually to the governor and the general assembly
a report on the status, needs, and major problems of the public
schools of the state, with recommendations for necessary legislative
action and a ten-year projection of the state's public and nonpublic
school enrollment, by year and by grade level.
(G)
The
state
board
director
shall
prepare and submit to the director of budget and management the
biennial budgetary requests of the
state
board of education, for
department
and its
agencies
divisions
and
for the public schools of the state.
(H)
The
state
board
director
shall
cooperate with federal, state, and local agencies concerned with the
health and welfare of children and youth of the state.
(I)
The
state
board
director
shall
require such reports from school districts and educational service
centers, school officers, and employees as are necessary and
desirable. The superintendents and treasurers of school districts and
educational service centers shall certify as to the accuracy of all
reports required by
statutory
law
or
state
board or state department of education
director's
rules
to be submitted by the district or educational service center and
which contain information necessary for calculation of state funding.
Any superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J)
In accordance with Chapter 119. of the Revised Code, the
state
board
director
shall
adopt procedures, standards, and guidelines for the education of
children with disabilities pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of developmental
disabilities pursuant to section 3323.09 of the Revised Code.
(K)
For the purpose of encouraging the development of special programs of
education for academically gifted children, the
state
board
director
shall
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and encourage
the training of teachers in the special instruction of gifted
children. The
board
director
may
provide financial assistance out of any funds appropriated for this
purpose to boards of education and educational service center
governing boards for developing and conducting programs of education
for academically gifted children.
(L)
The
state
board
director
shall
require that all public schools emphasize and encourage, within
existing units of study, the teaching of energy and resource
conservation as recommended to each district board of education by
leading business persons involved in energy production and
conservation, beginning in the primary grades.
(M)
The
state
board
director
shall
formulate and prescribe minimum standards requiring the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the
state
board
director
shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N)
The
state
board
director
may
adopt rules necessary for carrying out any function imposed on
it
the
director by
law, and may provide rules as are necessary for
its
government and
the
government of
the
department and
its
employees, and may delegate to
the
superintendent of public instruction
any
deputy director the
management and administration of any function imposed on
it
the
director by
law.
It
may provide for the appointment of board members to serve on
temporary committees established by the board for such purposes as
are necessary. Permanent or standing committees shall not be created.
(O)
Upon application from the board of education of a school district,
the
superintendent
of public instruction
director
may
issue a waiver exempting the district from compliance with the
standards adopted under divisions (B)(2) and (D) of this section, as
they relate to the operation of a school operated by the district.
The
state
board
director
shall
adopt standards for the approval or disapproval of waivers under this
division. The
state
superintendent
director
shall
consider every application for a waiver, and shall determine whether
to grant or deny a waiver in accordance with the
state
board's
those
standards.
For each waiver granted, the
state
superintendent
director
shall
specify the period of time during which the waiver is in effect,
which shall not exceed five years. A district board may apply to
renew a waiver.
Sec. 3301.071. (A)(1) In the case of nontax-supported schools, standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification, without further educational requirements, of any administrator, supervisor, or teacher who has attended and received a bachelor's degree from a college or university accredited by a national or regional association in the United States except that, at the discretion of the state board of education, this requirement may be met by having an equivalent degree from a foreign college or university of comparable standing.
(2) In the case of nonchartered, nontax-supported schools, the standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification, without further educational requirements, of any administrator, supervisor, or teacher who has attended and received a diploma from a "bible college" or "bible institute" described in division (E) of section 1713.02 of the Revised Code.
(3) A certificate issued under division (A)(3) of this section shall be valid only for teaching foreign language, music, religion, computer technology, or fine arts.
Notwithstanding division (A)(1) of this section, the standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification of a person as a teacher upon receipt by the state board of an affidavit signed by the chief administrative officer of a chartered nonpublic school seeking to employ the person, stating that the person meets one of the following conditions:
(a) The person has specialized knowledge, skills, or expertise that qualifies the person to provide instruction.
(b) The person has provided to the chief administrative officer evidence of at least three years of teaching experience in a public or nonpublic school.
(c) The person has provided to the chief administrative officer evidence of completion of a teacher training program named in the affidavit.
(B)
Each person applying for a certificate under this section for
purposes of serving in a nonpublic school chartered by the state
board director
of education and workforce under
section 3301.16 of the Revised Code shall pay a fee in the amount
established under division (A) of section 3319.51 of the Revised
Code. Any fees received under this division shall be paid into the
state treasury to the credit of the state board of education
certification fund established under division (B) of section 3319.51
of the Revised Code.
(C)
A person applying for or holding any certificate pursuant to this
section for purposes of serving in a nonpublic school chartered by
the state
board director
is
subject to sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under section 3123.63 of the Revised Code
and sections 3319.31 and 3319.311 of the Revised Code.
(D) Divisions (B) and (C) of this section and sections 3319.291, 3319.31, and 3319.311 of the Revised Code do not apply to any administrators, supervisors, or teachers in nonchartered, nontax-supported schools.
Sec.
3301.072. The
state
board
department
of
education and
workforce shall
establish continuing programs of in-service training in school
district budget and finance for superintendents of schools or their
designees, business managers, members of boards of education, and
treasurers of boards of education for the purpose of enhancing their
background and working knowledge of government accounting, state and
federal laws relating to school district budgeting and financing,
financial report preparation, rules of the auditor of state, and
budget and accounting management.
The
manner and content of each training program shall be determined and
provided by the
state
board of education
department
after
consultation with the department of taxation and the auditor of
state. The
state
board
department
may
enter into contracts with the department
of
taxation
and
the auditor of state to supply, at cost, any assistance required to
enable the
board
department
of education and workforce to
perform its duties under this section.
Each
school
district superintendent
or
his
designee
of
a superintendent,
treasurer or treasurer pro tempore, and business manager shall attend
one training program provided under this section each year.
Sec.
3301.075. The
state
board director
of
education
and
workforce
shall
adopt rules governing the purchasing and leasing of data processing
services and equipment for all local, exempted village, city, and
joint vocational school districts and all educational service
centers. Such rules shall include provisions for the establishment of
an Ohio education computer network under procedures, guidelines, and
specifications of the department of education
and
workforce.
The
department shall administer funds appropriated for the Ohio education
computer network to ensure its efficient and economical operation and
shall approve no more than twenty-seven information technology
centers to operate concurrently. Such centers shall be approved for
funding in accordance with rules
of
the state board
adopted
under this section that shall
provide
for the superintendent of public instruction to
require
the membership of each information technology center to be composed
of combinations of school districts and educational service centers
having sufficient students to support an efficient, economical
comprehensive program of computer services to member districts and
educational service centers. However, no such rule shall prohibit a
school district or educational service center from receiving computer
services from any information technology center established under
this section or from any other public or private vendor. Each
information technology center shall be organized in accordance with
section 3313.92 or Chapter 167. of the Revised Code.
The department may approve and administer funding for programs to provide technical support, maintenance, consulting, and group purchasing services for information technology centers, school districts, educational service centers, and other client entities or governmental entities served in accordance with rules adopted by the department or as otherwise authorized by law, and to deliver to schools programs operated by the infOhio network and the technology solutions group of the management council of the Ohio education computer network.
Sec.
3301.076. No
information technology center established under section 3301.075 of
the Revised Code shall be required to maintain an operating reserve
account or fund or minimum cash balance. This section does not affect
any sinking fund or other capital improvement fund the center may be
required to maintain as a condition by law or contract relative to
the issuance of securities. Any rule
of
the state board of education
or
other regulation or guideline of the department of education
and
workforce
that
conflicts with this section is void.
Sec. 3301.078. (A) No official or board of this state, whether appointed or elected, shall enter into any agreement or memorandum of understanding with any federal or private entity that would require the state to cede any measure of control over the development, adoption, or revision of academic content standards.
(B) No funds appropriated from the general revenue fund shall be used to purchase an assessment developed by the partnership for assessment of readiness for college and careers for use as the assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code.
(C)
The department of education
and
workforce
shall
request that each assessment vendor contracted by the department
provide an analysis explaining how questions on each of the
assessments prescribed under section 3301.0710 of the Revised Code
and the end-of-course examinations prescribed under division (B)(2)
of section 3301.0712 of the Revised Code developed by that vendor are
aligned to the academic content standards adopted under section
3301.079 of the Revised Code. The analysis shall be provided annually
to
all school districts and schools for all grade levels for which
assessments are prescribed under sections 3301.0710 and 3301.0712 of
the Revised Code.
The
analysis shall be produced beginning with the 2019-2020 school year
and for each school year thereafter.
(D)
The department shall request that each assessment vendor described in
division (C) of this section provide information and materials to
school districts and schools for assistance with the state
achievement assessments. The information and materials shall include
practice assessments and other preparatory materials. The information
and materials shall be distributed annually
to
districts and schools
beginning
with the 2019-2020 school year and for each school year thereafter.
Sec.
3301.079. (A)(1)
The state
board department
of
education
and
workforce
periodically
shall adopt statewide academic standards with emphasis on coherence,
focus, and essential knowledge and that are more challenging and
demanding when compared to international standards for each of grades
kindergarten through twelve in English language arts, mathematics,
science, and social studies.
(a)
The state
board department
shall
ensure that the standards do all of the following:
(i) Include the essential academic content and skills that students are expected to know and be able to do at each grade level that will allow each student to be prepared for postsecondary instruction and the workplace for success in the twenty-first century;
(ii) Include the development of skill sets that promote information, media, and technological literacy;
(iii) Include interdisciplinary, project-based, real-world learning opportunities;
(iv) Instill life-long learning by providing essential knowledge and skills based in the liberal arts tradition, as well as science, technology, engineering, mathematics, and career-technical education;
(v) Be clearly written, transparent, and understandable by parents, educators, and the general public.
(b)
Not
later than July 1, 2012, the state board The
department shall
incorporate into the social studies standards for grades four to
twelve academic content regarding the original texts of the
Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with emphasis
on the Bill of Rights, and the Ohio Constitution, and their original
context. The state
board department
shall
revise the model curricula and achievement assessments adopted under
divisions (B) and (C) of this section as necessary to reflect the
additional American history and American government content. The
state
board department
shall
make available a list of suggested grade-appropriate supplemental
readings that place the documents prescribed by this division in
their historical context, which teachers may use as a resource to
assist students in reading the documents within that context.
(c)
When the state
board department
adopts
or revises academic content standards in social studies, American
history, American government, or science under division (A)(1) of
this section, the
state board it
shall
develop such standards independently and not as part of a multistate
consortium.
(2)
After completing the standards required by division (A)(1) of this
section, the state
board department
shall
adopt standards and model curricula for instruction in technology,
financial literacy and entrepreneurship, fine arts, and foreign
language for grades kindergarten through twelve. The standards shall
meet the same requirements prescribed in division (A)(1)(a) of this
section.
(3)
The state
board department
shall
adopt the most recent standards developed by the national association
for sport and physical education for physical education in grades
kindergarten through twelve or shall adopt its own standards for
physical education in those grades and revise and update them
periodically.
The
department of
education shall
employ a full-time physical education coordinator to provide guidance
and technical assistance to districts, community schools, and STEM
schools in implementing the physical education standards adopted
under this division. The superintendent
director
of
public
instruction education
and workforce shall
determine that the person employed as coordinator is qualified for
the position, as demonstrated by possessing an adequate combination
of education, license, and experience.
(4)
Not
later than September 30, 2022, the state board The
department shall
update the standards and model curriculum for instruction in computer
science in grades kindergarten through twelve, which shall include
standards for introductory and advanced computer science courses in
grades nine through twelve. When developing the standards and
curriculum, the state
board department
shall
consider recommendations from computer science education stakeholder
groups, including teachers and representatives from higher education,
industry, computer science organizations in Ohio, and national
computer science organizations.
Any district or school may utilize the computer science standards or model curriculum or any part thereof adopted pursuant to division (A)(4) of this section. However, no district or school shall be required to utilize all or any part of the standards or curriculum.
(5)
When academic standards have been completed for any subject area
required by this section, the state
board department
shall
inform all school districts, all community schools established under
Chapter 3314. of the Revised Code, all STEM schools established under
Chapter 3326. of the Revised Code, and all nonpublic schools required
to administer the assessments prescribed by sections 3301.0710 and
3301.0712 of the Revised Code of the content of those standards.
Additionally, upon completion of any academic standards under this
section, the department shall post those standards on the
department's web site.
(B)(1)
The state
board department
shall
adopt a model curriculum for instruction in each subject area for
which updated academic standards are required by division (A)(1) of
this section and for each of grades kindergarten through twelve that
is sufficient to meet the needs of students in every community. The
model curriculum shall be aligned with the standards, to ensure that
the academic content and skills specified for each grade level are
taught to students, and shall demonstrate vertical articulation and
emphasize coherence, focus, and rigor. When any model curriculum has
been completed, the state
board department
shall
inform all school districts, community schools, and STEM schools of
the content of that model curriculum.
(2)
Not
later than June 30, 2013, the state board, in consultation with any
office housed in the governor's office that deals with workforce
development, The
department, in consultation with the governor's office of workforce
transformation, shall
adopt model curricula for grades kindergarten through twelve that
embed career connection learning strategies into regular classroom
instruction.
(3)
All school districts, community schools, and STEM schools may utilize
the state standards and the model curriculum established by the state
boarddepartment,
together with other relevant resources, examples, or models to ensure
that students have the opportunity to attain the academic standards.
Upon request, the department shall provide technical assistance to
any district, community school, or STEM school in implementing the
model curriculum.
Nothing in this section requires any school district to utilize all or any part of a model curriculum developed under this section.
(C)
The state
board department
shall
develop achievement assessments aligned with the academic standards
and model curriculum for each of the subject areas and grade levels
required by divisions (A)(1) and (B)(1) of section 3301.0710 of the
Revised Code.
When
any achievement assessment has been completed, the state
board department
shall
inform all school districts, community schools, STEM schools, and
nonpublic schools required to administer the assessment of its
completion, and the department shall make the achievement assessment
available to the districts and schools.
(D)(1)
The state
board department
shall
adopt a diagnostic assessment aligned with the academic standards and
model curriculum for each of grades kindergarten through two in
reading, writing, and mathematics and for grade three in reading and
writing. The diagnostic assessment shall be designed to measure
student comprehension of academic content and mastery of related
skills for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted students.
Blank copies of diagnostic assessments shall be public records.
(2)
When each diagnostic assessment has been completed, the state
board department
shall
inform all school districts of its completion and the
department shall make
the diagnostic assessment available to the districts at no cost to
the district.
(3) School districts shall administer the diagnostic assessment pursuant to section 3301.0715 of the Revised Code beginning the first school year following the development of the assessment.
However, beginning with the 2017-2018 school year, both of the following shall apply:
(a) In the case of the diagnostic assessments for grades one or two in writing or mathematics or for grade three in writing, a school district shall not be required to administer any such assessment, but may do so at the discretion of the district board;
(b) In the case of any diagnostic assessment that is not for the grade levels and subject areas specified in division (D)(3)(a) of this section, each school district shall administer the assessment in the manner prescribed by section 3301.0715 of the Revised Code.
(E)
The state
board department
shall
not adopt a diagnostic or achievement assessment for any grade level
or subject area other than those specified in this section.
(F)
Whenever the state
board or the department
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement assessments, or model
curriculum required under this section, the state
board or the department
shall first consult with parents of students in kindergarten through
twelfth grade and with active Ohio classroom teachers, other school
personnel, and administrators with expertise in the appropriate
subject area. Whenever practicable, the state
board and department
shall consult with teachers recognized as outstanding in their
fields.
If the department contracts with more than one outside entity for the development of the achievement assessments required by this section, the department shall ensure the interchangeability of those assessments.
(G)
Whenever the state
board department
adopts
standards or model curricula under this section, the department also
shall provide information on the use of blended, online, or digital
learning in the delivery of the standards or curricula to students in
accordance with division (A)(5) of this section.
(H)
The fairness sensitivity review committee,
established by rule of the state board of education,
of
the department shall
not allow any question on any achievement or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior to
September 11, 2001, to include, be written to promote, or inquire as
to individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(I)
Not later than sixty days prior to the adoption by
the state board of
updated academic standards under division (A)(1) of this section or
updated model curricula under division (B)(1) of this section, the
superintendent
director
of
public
instruction education
and workforce shall
present the academic standards or model curricula, as applicable, in
person at a public hearing of the respective committees of the house
of representatives and senate that consider education legislation.
(J) As used in this section:
(1) "Blended learning" means the delivery of instruction in a combination of time primarily in a supervised physical location away from home and online delivery whereby the student has some element of control over time, place, path, or pace of learning and includes noncomputer-based learning opportunities.
(2) "Online learning" means students work primarily from their residences on assignments delivered via an internet- or other computer-based instructional method.
(3) "Coherence" means a reflection of the structure of the discipline being taught.
(4) "Digital learning" means learning facilitated by technology that gives students some element of control over time, place, path, or pace of learning.
(5) "Focus" means limiting the number of items included in a curriculum to allow for deeper exploration of the subject matter.
(6) "Vertical articulation" means key academic concepts and skills associated with mastery in particular content areas should be articulated and reinforced in a developmentally appropriate manner at each grade level so that over time students acquire a depth of knowledge and understanding in the core academic disciplines.
Sec.
3301.0710. The
state
board
department
of
education and
workforce shall
adopt rules establishing a statewide program to assess student
achievement. The
state
board
department
shall
ensure that all assessments administered under the program are
aligned with the academic standards and model curricula adopted by
the
state
board
department
and
are created with input from Ohio parents, Ohio classroom teachers,
Ohio school administrators, and other Ohio school personnel pursuant
to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that students who receive a high school diploma demonstrate at least high school levels of achievement in English language arts, mathematics, science, and social studies.
(A)(1)
The
state
board
department
shall
prescribe all of the following:
(a) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of third grade;
(b) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of fourth grade;
(c) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of fifth grade;
(d) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of sixth grade;
(e) Two statewide achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of seventh grade;
(f) Three statewide achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of eighth grade.
(2)
The
state
board
department
shall
determine and designate at least five ranges of scores on each of the
achievement assessments described in divisions (A)(1) and (B)(1) of
this section. Each range of scores shall be deemed to demonstrate a
level of achievement so that any student attaining a score within
such range has achieved one of the following:
(a) An advanced level of skill;
(b) An accomplished level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(3)
For the purpose of implementing division (A) of section 3313.608 of
the Revised Code, the
state
board
department
shall
determine and designate a level of achievement, not lower than the
level designated in division (A)(2)(e) of this section, on the third
grade English language arts assessment for a student to be promoted
to the fourth grade. The
state
board
department
shall
review and adjust upward the level of achievement designated under
this division each year the test is administered until the level is
set equal to the level designated in division (A)(2)(c) of this
section. The level of achievement designated under this division
shall be equal to the level designated in division (A)(2)(c) of this
section not later than July 1, 2024.
(4)
Each school district or school shall teach and assess social studies
in at least the fourth and sixth grades. Any assessment in such area
shall be determined by the district or school and may be formative or
summative in nature. The results of such assessment shall not be
reported to the department
of
education.
(B)(1)
The assessments prescribed under division (B)(1) of this section
shall collectively be known as the Ohio graduation tests. The
state board shall prescribe Those
tests shall consist of five
statewide high school achievement assessments, one each designed to
measure the level of reading, writing, mathematics, science, and
social studies skill expected at the end of tenth grade. The state
board department
shall
designate a score in at least the range designated under division
(A)(2)(c) of this section on each such assessment that shall be
deemed to be a passing score on the assessment as a condition toward
granting high school diplomas under sections 3313.61, 3313.611,
3313.612, and 3325.08 of the Revised Code until the assessment system
prescribed by section 3301.0712 of the Revised Code is implemented in
accordance with division (B)(2) of this section.
(2)
The
state
board
department
shall
prescribe an assessment system in accordance with section 3301.0712
of the Revised Code that shall replace the Ohio graduation tests
beginning with students who enter the ninth grade for the first time
on or after July 1, 2014.
(3)
The
state
board
department
may
enter into a reciprocal agreement with the appropriate body or agency
of any other state that has similar statewide achievement assessment
requirements for receiving high school diplomas, under which any
student who has met an achievement assessment requirement of one
state is recognized as having met the similar requirement of the
other state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in this
state who has met an achievement assessment requirement specified in
a reciprocal agreement entered into under this division shall be
deemed to have attained at least the applicable score designated
under this division on each assessment required by division (B)(1) or
(2) of this section that is specified in the agreement.
(C)
The
superintendent
of public instruction director
of education and workforce shall
designate dates and times for the administration of the assessments
prescribed by divisions (A) and (B) of this section.
In
prescribing administration dates pursuant to this division, the
superintendent
director
shall
designate the dates in such a way as to allow a reasonable length of
time between the administration of assessments prescribed under this
section and any administration of the national assessment of
educational progress given to students in the same grade level
pursuant to section 3301.27 of the Revised Code or federal law.
(D)
The state
board department
shall
prescribe a practice version of each Ohio graduation test described
in division (B)(1) of this section that is of comparable length to
the actual test.
(E)
Any committee established by the department
of
education
for
the purpose of making recommendations
to
the state board
regarding
the
state
board's
designation
of scores on the assessments described by this section shall inform
the
state
board
department
of
the probable percentage of students who would score in each of the
ranges established under division (A)(2) of this section on the
assessments if the committee's recommendations are adopted by the
state
board
department.
To the extent possible, these percentages shall be disaggregated by
gender, major racial and ethnic groups, English learners,
economically disadvantaged students, students with disabilities, and
migrant students.
Sec. 3301.0711. (A) The department of education and workforce shall:
(1) Annually furnish to, grade, and score all assessments required by divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised Code to be administered by city, local, exempted village, and joint vocational school districts, except that each district shall score any assessment administered pursuant to division (B)(10) of this section. Each assessment so furnished shall include the data verification code of the student to whom the assessment will be administered, as assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code. In furnishing the practice versions of Ohio graduation tests prescribed by division (D) of section 3301.0710 of the Revised Code, the department shall make the tests available on its web site for reproduction by districts. In awarding contracts for grading assessments, the department shall give preference to Ohio-based entities employing Ohio residents.
(2) Adopt rules for the ethical use of assessments and prescribing the manner in which the assessments prescribed by section 3301.0710 of the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this section, the board of education of each city, local, and exempted village school district shall, in accordance with rules adopted under division (A) of this section:
(1) Administer the English language arts assessments prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code twice annually to all students in the third grade who have not attained the score designated for that assessment under division (A)(2)(c) of section 3301.0710 of the Revised Code.
(2) Administer the mathematics assessment prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade.
(3) Administer the assessments prescribed under division (A)(1)(b) of section 3301.0710 of the Revised Code at least once annually to all students in the fourth grade.
(4) Administer the assessments prescribed under division (A)(1)(c) of section 3301.0710 of the Revised Code at least once annually to all students in the fifth grade.
(5) Administer the assessments prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade.
(6) Administer the assessments prescribed under division (A)(1)(e) of section 3301.0710 of the Revised Code at least once annually to all students in the seventh grade.
(7) Administer the assessments prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code at least once annually to all students in the eighth grade.
(8) Except as provided in division (B)(9) of this section, administer any assessment prescribed under division (B)(1) of section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and at least twice annually to all students in eleventh or twelfth grade who have not yet attained the score on that assessment designated under that division;
(b) To any person who has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code but has not received a high school diploma and who requests to take such assessment, at any time such assessment is administered in the district.
(9) In lieu of the board of education of any city, local, or exempted village school district in which the student is also enrolled, the board of a joint vocational school district shall administer any assessment prescribed under division (B)(1) of section 3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has not yet attained the score on that assessment designated under that division. A board of a joint vocational school district may also administer such an assessment to any student described in division (B)(8)(b) of this section.
(10) If the district has a three-year average graduation rate of not more than seventy-five per cent, administer each assessment prescribed by division (D) of section 3301.0710 of the Revised Code in September to all ninth grade students who entered ninth grade prior to July 1, 2014.
Except
as provided in section 3313.614 of the Revised Code for
administration of an assessment to a person who has fulfilled the
curriculum requirement for a high school diploma but has not passed
one or more of the required assessments, the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code shall
not be administered after the date specified in the rules adopted by
the state board of education under
division (D)(1) of section 3301.0712 of the Revised Code.
(11)(a)
Except as provided in divisions (B)(11)(b) and (c) of this section,
administer the assessments prescribed by division (B)(2) of section
3301.0710 and section 3301.0712 of the Revised Code in accordance
with the timeline and plan for implementation of those assessments
prescribed by rule
of
the state board
adopted
under division (D)(1) of section 3301.0712 of the Revised Code;
(b) A student who has presented evidence to the district or school of having satisfied the condition prescribed by division (A)(1) of section 3313.618 of the Revised Code to qualify for a high school diploma prior to the date of the administration of the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code shall not be required to take that assessment. However, no board shall prohibit a student who is not required to take such assessment from taking the assessment.
(c) A student shall not be required to retake the Algebra I end-of-course examination or the English language arts II end-of-course examination prescribed under division (B)(2) of section 3301.0712 of the Revised Code in grades nine through twelve if the student demonstrates at least a proficient level of skill, as prescribed under division (B)(5)(a) of that section, or achieves a competency score, as prescribed under division (B)(10) of that section, in an administration of the examination prior to grade nine.
(C)(1)(a)
In the case of a student receiving special education services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this section, except that a student with
significant cognitive disabilities to whom an alternate assessment is
administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not
be required to take the assessment prescribed under division (B)(1)
of section 3301.0712 of the Revised Code. The individualized
education program may excuse the student from taking any particular
assessment required to be administered under this section if it
instead specifies an alternate assessment method approved by the
department
of
education
as
conforming to requirements of federal law for receipt of federal
funds for disadvantaged pupils. To the extent possible, the
individualized education program shall not excuse the student from
taking an assessment unless no reasonable accommodation can be made
to enable the student to take the assessment. No board shall prohibit
a student who is not required to take an assessment under division
(C)(1) of this section from taking the assessment.
(b) Any alternate assessment approved by the department for a student under this division shall produce measurable results comparable to those produced by the assessment it replaces in order to allow for the student's results to be included in the data compiled for a school district or building under section 3302.03 of the Revised Code.
(c)(i) Any student enrolled in a chartered nonpublic school who has been identified, based on an evaluation conducted in accordance with section 3323.03 of the Revised Code or section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as amended, as a child with a disability shall be excused from taking any particular assessment required to be administered under this section if either of the following apply:
(I)
A plan developed for the student pursuant to rules adopted by the
state
board
department
excuses
the student from taking that assessment.
(II) The chartered nonpublic school develops a written plan in which the school, in consultation with the student's parents, determines that an assessment or alternative assessment with accommodations does not accurately assess the student's academic performance. The plan shall include an academic profile of the student's academic performance and shall be reviewed annually to determine if the student's needs continue to require excusal from taking the assessment.
(ii) A student with significant cognitive disabilities to whom an alternate assessment is administered in accordance with division (C)(1) of this section and a student determined to have a disability that includes an intellectual disability as outlined in guidance issued by the department shall not be required to take the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code.
(iii) In the case of any student so excused from taking an assessment under division (C)(1)(c) of this section, the chartered nonpublic school shall not prohibit the student from taking the assessment.
(2)
A district board may, for medical reasons or other good cause, excuse
a student from taking an assessment administered under this section
on the date scheduled, but that assessment shall be administered to
the excused student not later than nine days following the scheduled
date. The district board shall annually report the number of students
who have not taken one or more of the assessments required by this
section to the
state
board
department
not
later than the thirtieth day of June.
(3) As used in this division, "English learner" has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any English learner from taking any particular assessment required to be administered under this section, except as follows:
(a) Any English learner who has been enrolled in United States schools for less than two years and for whom no appropriate accommodations are available based on guidance issued by the department shall not be required to take the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code.
(b) Any English learner who has been enrolled in United States schools for less than one full school year shall not be required to take any reading, writing, or English language arts assessment.
However, no board shall prohibit an English learner who is not required to take an assessment under division (C)(3) of this section from taking the assessment. A board may permit any English learner to take an assessment required to be administered under this section with appropriate accommodations, as determined by the department. For each English learner, each school district shall annually assess that student's progress in learning English, in accordance with procedures approved by the department.
(4)(a) The governing authority of a chartered nonpublic school may excuse an English learner from taking any assessment administered under this section.
(b) No governing authority shall require an English learner who has been enrolled in United States schools for less than two years and for whom no appropriate accommodations are available based on guidance issued by the department to take the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code.
(c) No governing authority shall prohibit an English learner from taking an assessment from which the student was excused under division (C)(4) of this section.
(D)(1) In the school year next succeeding the school year in which the assessments prescribed by division (A)(1) or (B)(1) of section 3301.0710 of the Revised Code or former division (A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code as it existed prior to September 11, 2001, are administered to any student, the board of education of any school district in which the student is enrolled in that year shall provide to the student intervention services commensurate with the student's performance, including any intensive intervention required under section 3313.608 of the Revised Code, in any skill in which the student failed to demonstrate at least a score at the proficient level on the assessment.
(2) Following any administration of the assessments prescribed by division (D) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has a three-year average graduation rate of not more than seventy-five per cent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the assessments. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice assessments. The district also shall consider the scores received by ninth grade students on the English language arts and mathematics assessments prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth grade in determining which high schools shall provide intervention services.
Each high school selected to provide intervention services under this division shall provide intervention services to any student whose results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised Code and division (N) of this section, no school district board of education shall utilize any student's failure to attain a specified score on an assessment administered under this section as a factor in any decision to deny the student promotion to a higher grade level. However, a district board may choose not to promote to the next grade level any student who does not take an assessment administered under this section or make up an assessment as provided by division (C)(2) of this section and who is not exempt from the requirement to take the assessment under division (C)(3) of this section.
(F) No person shall be charged a fee for taking any assessment administered under this section.
(G)(1) Each school district board shall designate one location for the collection of assessments administered in the spring under division (B)(1) of this section and those administered under divisions (B)(2) to (7) of this section. Each district board shall submit the assessments to the entity with which the department contracts for the scoring of the assessments as follows:
(a) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was less than two thousand five hundred, not later than the Friday after all of the assessments have been administered;
(b) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was two thousand five hundred or more, but less than seven thousand, not later than the Monday after all of the assessments have been administered;
(c) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was seven thousand or more, not later than the Tuesday after all of the assessments have been administered.
However, any assessment that a student takes during the make-up period described in division (C)(2) of this section shall be submitted not later than the Friday following the day the student takes the assessment.
(2) The department or an entity with which the department contracts for the scoring of the assessment shall send to each school district board a list of the individual scores of all persons taking a state achievement assessment as follows:
(a) Except as provided in division (G)(2)(b) or (c) of this section, within forty-five days after the administration of the assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code, but in no case shall the scores be returned later than the thirtieth day of June following the administration;
(b) In the case of the third-grade English language arts assessment, within forty-five days after the administration of that assessment, but in no case shall the scores be returned later than the fifteenth day of June following the administration;
(c) In the case of the writing component of an assessment or end-of-course examination in the area of English language arts, except for the third-grade English language arts assessment, the results may be sent after forty-five days of the administration of the writing component, but in no case shall the scores be returned later than the thirtieth day of June following the administration.
(3) For assessments administered under this section by a joint vocational school district, the department or entity shall also send to each city, local, or exempted village school district a list of the individual scores of any students of such city, local, or exempted village school district who are attending school in the joint vocational school district.
(4) Beginning with the 2019-2020 school year, a school district, other public school, or chartered nonpublic school may administer the third-grade English language arts or mathematics assessment, or both, in a paper format in any school year for which the district board of education or school governing body adopts a resolution indicating that the district or school chooses to administer the assessment in a paper format. The board or governing body shall submit a copy of the resolution to the department of education and workforce not later than the first day of May prior to the school year for which it will apply. If the resolution is submitted, the district or school shall administer the assessment in a paper format to all students in the third grade, except that any student whose individualized education program or plan developed under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, specifies that taking the assessment in an online format is an appropriate accommodation for the student may take the assessment in an online format.
(H) Individual scores on any assessments administered under this section shall be released by a district board only in accordance with section 3319.321 of the Revised Code and the rules adopted under division (A) of this section. No district board or its employees shall utilize individual or aggregate results in any manner that conflicts with rules for the ethical use of assessments adopted pursuant to division (A) of this section.
(I)
Except as provided in division (G) of this section, the department or
an entity with which the department contracts for the scoring of the
assessment shall not release any individual scores on any assessment
administered under this section. The
state
board
department
shall
adopt rules to ensure the protection of student confidentiality at
all times. The rules may require the use of the data verification
codes assigned to students pursuant to division (D)(2) of section
3301.0714 of the Revised Code to protect the confidentiality of
student scores.
(J) Notwithstanding division (D) of section 3311.52 of the Revised Code, this section does not apply to the board of education of any cooperative education school district except as provided under rules adopted pursuant to this division.
(1)
In accordance with rules that the
state
board
department
shall
adopt, the board of education of any city, exempted village, or local
school district with territory in a cooperative education school
district established pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code may enter into an agreement with the
board of education of the cooperative education school district for
administering any assessment prescribed under this section to
students of the city, exempted village, or local school district who
are attending school in the cooperative education school district.
(2)
In accordance with rules that the
state
board
department
shall
adopt, the board of education of any city, exempted village, or local
school district with territory in a cooperative education school
district established pursuant to section 3311.521 of the Revised Code
shall enter into an agreement with the cooperative district that
provides for the administration of any assessment prescribed under
this section to both of the following:
(a) Students who are attending school in the cooperative district and who, if the cooperative district were not established, would be entitled to attend school in the city, local, or exempted village school district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this section.
Any assessment of students pursuant to such an agreement shall be in lieu of any assessment of such students or persons pursuant to this section.
(K)(1)(a) Except as otherwise provided in division (K)(1) or (2) of this section, each chartered nonpublic school for which at least sixty-five per cent of its total enrollment is made up of students who are participating in state scholarship programs shall administer the assessments prescribed by division (A) of section 3301.0710 of the Revised Code or an alternative standardized assessment determined by the department. In accordance with procedures and deadlines prescribed by the department, the parent or guardian of a student enrolled in the school who is not participating in a state scholarship program may submit notice to the chief administrative officer of the school that the parent or guardian does not wish to have the student take the assessments prescribed for the student's grade level under division (A) of section 3301.0710 of the Revised Code. If a parent or guardian submits an opt-out notice, the school shall not administer the assessments to that student. This option does not apply to any assessment required for a high school diploma under section 3313.612 of the Revised Code.
(b) Any chartered nonpublic school that enrolls students who are participating in state scholarship programs may administer an alternative standardized assessment determined by the department instead of the assessments prescribed by division (A) of section 3301.0710 of the Revised Code.
Each chartered nonpublic school subject to division (K)(1)(a) or (b) of this section shall report the results of each assessment administered under those divisions to the department.
(2)
A chartered nonpublic school may submit to the
superintendent
of public instruction
director
of education and workforce a
request for a waiver from administering the elementary assessments
prescribed by division (A) of section 3301.0710 of the Revised Code.
The
state
superintendent
director
shall
approve or disapprove a request for a waiver submitted under division
(K)(2) of this section.
No
waiver shall be approved for any school year prior to the 2015-2016
school year.
To be eligible to submit a request for a waiver, a chartered nonpublic school shall meet the following conditions:
(a) At least ninety-five per cent of the students enrolled in the school are children with disabilities, as defined under section 3323.01 of the Revised Code, or have received a diagnosis by a school district or from a physician, including a neuropsychiatrist or psychiatrist, or a psychologist who is authorized to practice in this or another state as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome.
(b) The school has solely served a student population described in division (K)(1)(a) of this section for at least ten years.
(c) The school provides to the department at least five years of records of internal testing conducted by the school that affords the department data required for accountability purposes, including diagnostic assessments and nationally standardized norm-referenced achievement assessments that measure reading and math skills.
(3)
Any chartered nonpublic school that is not subject to division (K)(1)
of this section may participate in the assessment program by
administering any of the assessments prescribed by division (A) of
section 3301.0710 of the Revised Code. The chief administrator of the
school shall specify which assessments the school will administer.
Such specification shall be made in writing to the
superintendent
of public instruction director
prior
to the first day of August of any school year in which assessments
are administered and shall include a pledge that the nonpublic school
will administer the specified assessments in the same manner as
public schools are required to do under this section and rules
adopted by the department.
(4)
The department
of
education
shall
furnish the assessments prescribed by section 3301.0710 of the
Revised Code to each chartered nonpublic school that is subject to
division (K)(1) of this section or participates under division (K)(3)
of this section.
(L) If a chartered nonpublic school is educating students in grades nine through twelve, the following shall apply:
(1) Except as provided in division (L)(4) of this section, for a student who is enrolled in a chartered nonpublic school that is accredited through the independent schools association of the central states and who is attending the school under a state scholarship program, the student shall either take all of the assessments prescribed by division (B) of section 3301.0712 of the Revised Code or take an alternative assessment approved by the department under section 3313.619 of the Revised Code. However, a student who is excused from taking an assessment under division (C) of this section or has presented evidence to the chartered nonpublic school of having satisfied the condition prescribed by division (A)(1) of section 3313.618 of the Revised Code to qualify for a high school diploma prior to the date of the administration of the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code shall not be required to take that assessment. No governing authority of a chartered nonpublic school shall prohibit a student who is not required to take such assessment from taking the assessment.
(2) For a student who is enrolled in a chartered nonpublic school that is accredited through the independent schools association of the central states, and who is not attending the school under a state scholarship program, the student shall not be required to take any assessment prescribed under section 3301.0712 or 3313.619 of the Revised Code.
(3)(a) Except as provided in divisions (L)(3)(b) and (4) of this section, for a student who is enrolled in a chartered nonpublic school that is not accredited through the independent schools association of the central states, regardless of whether the student is attending or is not attending the school under a state scholarship program, the student shall do one of the following:
(i) Take all of the assessments prescribed by division (B) of section 3301.0712 of the Revised Code;
(ii) Take only the assessment prescribed by division (B)(1) of section 3301.0712 of the Revised Code, provided that the student's school publishes the results of that assessment for each graduating class. The published results of that assessment shall include the overall composite scores, mean scores, twenty-fifth percentile scores, and seventy-fifth percentile scores for each subject area of the assessment.
(iii) Take an alternative assessment approved by the department under section 3313.619 of the Revised Code.
(b) A student who is excused from taking an assessment under division (C) of this section or has presented evidence to the chartered nonpublic school of having satisfied the condition prescribed by division (A)(1) of section 3313.618 of the Revised Code to qualify for a high school diploma prior to the date of the administration of the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code shall not be required to take that assessment. No governing authority of a chartered nonpublic school shall prohibit a student who is not required to take such assessment from taking the assessment.
(4) The assessments prescribed by sections 3301.0712 and 3313.619 of the Revised Code shall not be administered to any student attending the school, if the school meets all of the following conditions:
(a) At least ninety-five per cent of the students enrolled in the school are children with disabilities, as defined under section 3323.01 of the Revised Code, or have received a diagnosis by a school district or from a physician, including a neuropsychologist or psychiatrist, or a psychologist who is authorized to practice in this or another state as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome.
(b) The school has solely served a student population described in division (L)(4)(a) of this section for at least ten years.
(c) The school makes available to the department at least five years of records of internal testing conducted by the school that affords the department data required for accountability purposes, including growth in student achievement in reading or mathematics, or both, as measured by nationally norm-referenced assessments that have developed appropriate standards for students.
Division (L)(4) of this section applies to any student attending such school regardless of whether the student receives special education or related services and regardless of whether the student is attending the school under a state scholarship program.
(M)(1)
The superintendent of the state school for the blind and the
superintendent of the state school for the deaf shall administer the
assessments described by sections 3301.0710 and 3301.0712 of the
Revised Code. Each superintendent shall administer the assessments in
the same manner as district boards are required to do under this
section and rules adopted by the department
of
education
and
in conformity with division (C)(1)(a) of this section.
(2)
The department
of
education
shall
furnish the assessments described by sections 3301.0710 and 3301.0712
of the Revised Code to each superintendent.
(N) Notwithstanding division (E) of this section, a school district may use a student's failure to attain a score in at least the proficient range on the mathematics assessment described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on an assessment described by division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710 of the Revised Code as a factor in retaining that student in the current grade level.
(O)(1) In the manner specified in divisions (O)(3), (4), (6), and (7) of this section, the assessments required by division (A)(1) of section 3301.0710 of the Revised Code shall become public records pursuant to section 149.43 of the Revised Code on the thirty-first day of July following the school year that the assessments were administered.
(2) The department may field test proposed questions with samples of students to determine the validity, reliability, or appropriateness of questions for possible inclusion in a future year's assessment. The department also may use anchor questions on assessments to ensure that different versions of the same assessment are of comparable difficulty.
Field test questions and anchor questions shall not be considered in computing scores for individual students. Field test questions and anchor questions may be included as part of the administration of any assessment required by division (A)(1) or (B) of section 3301.0710 and division (B) of section 3301.0712 of the Revised Code.
(3) Any field test question or anchor question administered under division (O)(2) of this section shall not be a public record. Such field test questions and anchor questions shall be redacted from any assessments which are released as a public record pursuant to division (O)(1) of this section.
(4) This division applies to the assessments prescribed by division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each assessment, as specified in former section 3301.0712 of the Revised Code, shall be a public record.
(b)
For subsequent administrations of each assessment prior to the
2011-2012 school year, not less than forty per cent of the questions
on the assessment that are used to compute a student's score shall be
a public record. The department shall determine which questions will
be needed for reuse on a future assessment and those questions shall
not be public records and shall be redacted from the assessment prior
to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted
village school district of the statewide academic standard adopted
by
the state board
under
section 3301.079 of the Revised Code and the corresponding benchmark
to which the question relates. The preceding sentence does not apply
to field test questions that are redacted under division (O)(3) of
this section.
(c) The administrations of each assessment in the 2011-2012, 2012-2013, and 2013-2014 school years shall not be a public record.
(5) Each assessment prescribed by division (B)(1) of section 3301.0710 of the Revised Code shall not be a public record.
(6)(a) Except as provided in division (O)(6)(b) of this section, for the administrations in the 2014-2015, 2015-2016, and 2016-2017 school years, questions on the assessments prescribed under division (A) of section 3301.0710 and division (B)(2) of section 3301.0712 of the Revised Code and the corresponding preferred answers that are used to compute a student's score shall become a public record as follows:
(i) Forty per cent of the questions and preferred answers on the assessments on the thirty-first day of July following the administration of the assessment;
(ii) Twenty per cent of the questions and preferred answers on the assessment on the thirty-first day of July one year after the administration of the assessment;
(iii) The remaining forty per cent of the questions and preferred answers on the assessment on the thirty-first day of July two years after the administration of the assessment.
The entire content of an assessment shall become a public record within three years of its administration.
The department shall make the questions that become a public record under this division readily accessible to the public on the department's web site. Questions on the spring administration of each assessment shall be released on an annual basis, in accordance with this division.
(b) No questions and corresponding preferred answers shall become a public record under division (O)(6) of this section after July 31, 2017.
(7) Division (O)(7) of this section applies to the assessments prescribed by division (A) of section 3301.0710 and division (B)(2) of section 3301.0712 of the Revised Code.
Beginning
with the assessments administered in the spring of the 2017-2018
school year, not less than forty per cent of the questions on each
assessment that are used to compute a student's score shall be a
public record. The department shall determine which questions will be
needed for reuse on a future assessment and those questions shall not
be public records and shall be redacted from the assessment prior to
its release as a public record. However, for each redacted question,
the department shall inform each city, local, and exempted village
school district of the corresponding statewide academic standard
adopted
by
the state board
under
section 3301.079 of the Revised Code and the corresponding benchmark
to which the question relates. The department is not required to
provide corresponding standards and benchmarks to field test
questions that are redacted under division (O)(3) of this section.
(P) As used in this section:
(1) "Three-year average" means the average of the most recent consecutive three school years of data.
(2)
"Dropout" means a student who withdraws from school before
completing course requirements for graduation and who is not enrolled
in an education program approved by the
state
board of education
department
or
an education program outside the state. "Dropout" does not
include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to the calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. If a student who was a dropout in any previous year returns to the same school district, that student shall be entered into the calculation as if the student had entered ninth grade four years before the graduation year of the graduating class that the student joins.
(4) "State scholarship programs" means the educational choice scholarship pilot program established under sections 3310.01 to 3310.17 of the Revised Code, the autism scholarship program established under section 3310.41 of the Revised Code, the Jon Peterson special needs scholarship program established under sections 3310.51 to 3310.64 of the Revised Code, and the pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code.
(5) "Other public school" means a community school established under Chapter 3314., a STEM school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code.
Sec.
3301.0712. (A)
The
state
board of education, the superintendent of public instruction,
department
of education and workforce and
the chancellor of higher education shall develop a system of college
and work ready assessments as described in division (B) of this
section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. Beginning with
students who enter the ninth grade for the first time on or after
July 1, 2014, the system shall replace the Ohio graduation tests
prescribed in division (B)(1) of section 3301.0710 of the Revised
Code as a measure of student academic performance and one determinant
of eligibility for a high school diploma in the manner prescribed by
rule
of
the state board
adopted
under division (D) of this section.
(B) The college and work ready assessment system shall consist of the following:
(1)(a)
Except as provided in division (B)(1)(b) of this section, nationally
standardized assessments that measure college and career readiness
and are used for college admission. The assessments shall be selected
jointly by the state
superintendent department
and
the chancellor, and one of which shall be selected by each school
district or school to administer to its students. The assessments
prescribed under division (B)(1) of this section shall be
administered to all eleventh-grade students in the spring of the
school year.
(b)
Beginning with students who enter the ninth grade for the first time
on or after the
first day of July
immediately
following the effective date of this amendment
1,
2022,
the parent or guardian of a student may elect not to have a
nationally standardized assessment administered to that student. In
that event, the student's school district or school shall not
administer the nationally standardized assessment to that student.
(2)(a)
Except as provided in division (B)(2)(b) of this section, seven
end-of-course examinations, one in each of the areas of English
language arts I, English language arts II, science, Algebra I,
geometry, American history, and American government. The
end-of-course examinations shall be selected jointly by the state
superintendent department
and
the chancellor in consultation with faculty in the appropriate
subject areas at institutions of higher education of the university
system of Ohio. Advanced placement examinations and international
baccalaureate examinations, as prescribed under section 3313.6013 of
the Revised Code, in the areas of science, American history, and
American government may be used as end-of-course examinations in
accordance with division (B)(4)(a)(i) of this section. Final course
grades for courses taken under any other advanced standing program,
as prescribed under section 3313.6013 of the Revised Code, in the
areas of science, American history, and American government may be
used in lieu of end-of-course examinations in accordance with
division (B)(4)(a)(ii) of this section.
(b) Beginning with students who enter ninth grade for the first time on or after July 1, 2019, five end-of-course examinations, one in each areas of English language arts II, science, Algebra I, American history, and American government. However, only the end-of-course examinations in English language arts II and Algebra I shall be required for graduation.
The
department
of
education
shall,
as necessary to implement division (B)(2)(b) of this section, seek a
waiver from the United States secretary of education for testing
requirements prescribed under federal law to allow for the use and
implementation of Algebra I as the primary assessment of high school
mathematics. If the department does not receive a waiver under this
division, the end-of-course examinations for students described in
division (B)(2)(b) of this section also shall include an
end-of-course examination in the area of geometry. However, the
geometry end-of-course examination shall not be required for
graduation.
(3)(a)
Not later than July 1, 2013, each school district board of education
shall adopt interim end-of-course examinations that comply with the
requirements of divisions (B)(3)(b)(i) and (ii) of this section to
assess mastery of American history and American government standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code. Each high school of the district shall use the
interim examinations until the state superintendent and chancellor
select end-of-course examinations in American history and American
government under division (B)(2) of this section.
(b)
Not later than July 1, 2014, the state superintendent and the
chancellor shall select the end-of-course examinations in American
history and American government.
(i)
(3)
The
end-of-course examinations in American history and American
government shall require demonstration of mastery of the American
history and American government content for social studies standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code.
(ii)
At
least twenty per cent of the end-of-course examination in American
government shall address the topics on American history and American
government described in division (M) of section 3313.603 of the
Revised Code.
(4)(a)
Notwithstanding anything to the contrary in this section,
beginning
with the 2014-2015 school year,
both
of the following shall apply:
(i)
If a student is enrolled in an appropriate advanced placement or
international baccalaureate course, that student shall take the
advanced placement or international baccalaureate examination in lieu
of the science, American history, or American government
end-of-course examinations prescribed under division (B)(2) of this
section. The
state
board
department
shall
specify the score levels for each advanced placement examination and
international baccalaureate examination for purposes of calculating
the minimum cumulative performance score that demonstrates the level
of academic achievement necessary to earn a high school diploma.
(ii)
If a student is enrolled in an appropriate course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, that student shall not be required to take the science,
American history, or American government end-of-course examination,
whichever is applicable, prescribed under division (B)(2) of this
section. Instead, that student's final course grade shall be used in
lieu of the applicable end-of-course examination prescribed under
that section. The
state
superintendent
department,
in consultation with the chancellor, shall adopt guidelines for
purposes of calculating the corresponding final course grades that
demonstrate the level of academic achievement necessary to earn a
high school diploma.
Division (B)(4)(a)(ii) of this section shall apply only to courses for which students receive transcripted credit, as defined in section 3365.01 of the Revised Code. It shall not apply to remedial or developmental courses.
(b) No student shall take a substitute examination or examination prescribed under division (B)(4)(a) of this section in place of the end-of-course examinations in English language arts I, English language arts II, Algebra I, or geometry prescribed under division (B)(2) of this section.
(c)
The
state
board
department
shall
consider additional assessments that may be used,
beginning with the 2016-2017 school year,
as
substitute examinations in lieu of the end-of-course examinations
prescribed under division (B)(2) of this section.
(5)
The
state
board
department
shall
do all of the following:
(a)
Determine and designate at least five ranges of scores on each of the
end-of-course examinations prescribed under division (B)(2) of this
section, and substitute examinations prescribed under division (B)(4)
of this section. Not later than sixty days after the designation of
ranges of scores, the
state
superintendent, or the state superintendent's designee,
director
of education and workforce
shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider primary and
secondary education legislation regarding the designated range of
scores. Each range of scores shall be considered to demonstrate a
level of achievement so that any student attaining a score within
such range has achieved one of the following:
(i) An advanced level of skill;
(ii) An accomplished level of skill;
(iii) A proficient level of skill;
(iv) A basic level of skill;
(v) A limited level of skill.
(b) Determine a method by which to calculate a cumulative performance score based on the results of a student's end-of-course examinations or substitute examinations;
(c)
Determine the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma under division (A)(2) of section 3313.618 of the Revised
Code. However, the
state board shall not determine a no
new
minimum cumulative performance score shall
be determined after
October 17, 2019.
(d) Develop a table of corresponding score equivalents for the end-of-course examinations and substitute examinations in order to calculate student performance consistently across the different examinations.
A score of two on an advanced placement examination or a score of two or three on an international baccalaureate examination shall be considered equivalent to a proficient level of skill as specified under division (B)(5)(a)(iii) of this section.
(6)(a) A student who meets both of the following conditions shall not be required to take an end-of-course examination:
(i) The student received high school credit prior to July 1, 2015, for a course for which the end-of-course examination is prescribed.
(ii) The examination was not available for administration prior to July 1, 2015.
Receipt of credit for the course described in division (B)(6)(a)(i) of this section shall satisfy the requirement to take the end-of-course examination. A student exempted under division (B)(6)(a) of this section may take the applicable end-of-course examination at a later date.
(b) For purposes of determining whether a student who is exempt from taking an end-of-course examination under division (B)(6)(a) of this section has attained the cumulative score prescribed by division (B)(5)(c) of this section, such student shall select either of the following:
(i) The student is considered to have attained a proficient score on the end-of-course examination from which the student is exempt;
(ii) The student's final course grade shall be used in lieu of a score on the end-of-course examination from which the student is exempt.
The
state
superintendent
department,
in consultation with the chancellor, shall adopt guidelines for
purposes of calculating the corresponding final course grades and the
minimum cumulative performance score that demonstrates the level of
academic achievement necessary to earn a high school diploma.
(7)(a)
Notwithstanding anything to the contrary in this section, the
state
board
department
may
replace the algebra I end-of-course examination prescribed under
division (B)(2) of this section with an algebra II end-of-course
examination, beginning with the 2016-2017 school year for students
who enter ninth grade on or after July 1, 2016.
(b)
If the
state
board
department
replaces
the algebra I end-of-course examination with an algebra II
end-of-course examination as authorized under division (B)(7)(a) of
this section, both of the following shall apply:
(i) A student who is enrolled in an advanced placement or international baccalaureate course in algebra II shall take the advanced placement or international baccalaureate examination in lieu of the algebra II end-of-course examination.
(ii) A student who is enrolled in an algebra II course under any other advanced standing program, as described in section 3313.6013 of the Revised Code, shall not be required to take the algebra II end-of-course examination. Instead, that student's final course grade shall be used in lieu of the examination.
(c) If a school district or school utilizes an integrated approach to mathematics instruction, the district or school may do either or both of the following:
(i) Administer an integrated mathematics I end-of-course examination in lieu of the prescribed algebra I end-of-course examination;
(ii) Administer an integrated mathematics II end-of-course examination in lieu of the prescribed geometry end-of-course examination.
(8)(a) For students entering the ninth grade for the first time on or after July 1, 2014, but prior to July 1, 2015, the assessment in the area of science shall be physical science or biology. For students entering the ninth grade for the first time on or after July 1, 2015, the assessment in the area of science shall be biology.
(b) Until July 1, 2019, the department shall make available the end-of-course examination in physical science for students who entered the ninth grade for the first time on or after July 1, 2014, but prior to July 1, 2015, and who wish to retake the examination.
(c)
Not
later than July 1, 2016, the state board
The
department shall
adopt rules prescribing the requirements for the end-of-course
examination in science for students who entered the ninth grade for
the first time on or after July 1, 2014, but prior to July 1, 2015,
and who have not met the requirement prescribed by section 3313.618
of the Revised Code by July 1, 2019, due to a student's failure to
satisfy division (A)(2) of section 3313.618 of the Revised Code.
(9)
Neither
the state board nor the
The
department
of
education
shall
not
develop
or administer an end-of-course examination in the area of world
history.
(10)
Not
later than March 1, 2020, the
The
department,
in consultation with the chancellor and the governor's office of
workforce transformation, shall determine a competency score for both
of the Algebra I and English language arts II end-of-course
examinations for the purpose of graduation eligibility.
(C)
The
state
board
department
shall
convene a group of national experts, state experts, and local
practitioners to provide advice, guidance, and recommendations for
the alignment of standards and model curricula to the assessments and
in the design of the end-of-course examinations prescribed by this
section.
(D)
Upon completion of the development of the assessment system, the
state
board
department
shall
adopt rules prescribing all of the following:
(1)
A timeline and plan for implementation of the assessment system,
including a phased implementation if the
state
board
department
determines
such a phase-in is warranted;
(2) The date after which a person shall meet the requirements of the entire assessment system as a prerequisite for a diploma of adult education under section 3313.611 of the Revised Code;
(3) Whether and the extent to which a person may be excused from an American history end-of-course examination and an American government end-of-course examination under division (H) of section 3313.61 and division (B)(3) of section 3313.612 of the Revised Code;
(4) The date after which a person who has fulfilled the curriculum requirement for a diploma but has not passed one or more of the required assessments at the time the person fulfilled the curriculum requirement shall meet the requirements of the entire assessment system as a prerequisite for a high school diploma under division (B) of section 3313.614 of the Revised Code;
(5) The extent to which the assessment system applies to students enrolled in a dropout recovery and prevention program for purposes of division (F) of section 3313.603 and section 3314.36 of the Revised Code.
(E)
Not later than forty-five days prior to the state board's adoption of
a resolution directing the department to file the rules prescribed by
division (D) of this section in final form under section 119.04 of
the Revised Code, the superintendent of public instruction shall
present the assessment system developed under this section to the
respective committees of the house of representatives and senate that
consider education legislation.
(F)(1)
(E)(1)
Any
person enrolled in a nonchartered nonpublic school or any person who
has been excused from attendance at school for the purpose of home
instruction
education
under
section 3321.043321.042
of
the Revised Code may choose to participate in the system of
assessments administered under divisions (B)(1) and (2) of this
section. However, no such person shall be required to participate in
the system of assessments.
(2)
The department shall adopt rules for the administration and scoring
of any assessments under division
(F)(1)
(E)(1)
of
this section.
(G)
Not later than December 31, 2014, the state board (F)
The department shall
select at least one nationally recognized job skills assessment. Each
school district shall administer that assessment to those students
who opt to take it. The
state
department
shall
reimburse a school district for the costs of administering that
assessment. The
state
board
department
shall
establish the minimum score a student must attain on the job skills
assessment in order to demonstrate a student's workforce readiness
and employability. The administration of the job skills assessment to
a student under this division shall not exempt a school district from
administering the assessments prescribed in division (B) of this
section to that student.
Sec.
3301.0713. The
department of education
and
workforce
shall
establish an education management information system advisory
council. The council shall make recommendations to the superintendent
of public instruction
department
to
improve the operation of the education management information system
established under section 3301.0714 of the Revised Code and shall
provide a forum for communication and collaboration between the
department and parties affected by the collection, reporting, and use
of the system's data. Members of the council shall include department
staff and representatives of school districts and other entities that
regularly interact with data from the education management
information system.
Sec.
3301.0714. (A)
The state
board department
of
education and
workforce shall
adopt rules for a statewide education management information system.
The rules shall require the state
board department
to
establish guidelines for the establishment and maintenance of the
system in accordance with this section and the rules adopted under
this section. The guidelines shall include:
(1) Standards identifying and defining the types of data in the system in accordance with divisions (B) and (C) of this section;
(2)
Procedures for annually collecting and reporting the data to the
state
board department
in
accordance with division (D) of this section;
(3) Procedures for annually compiling the data in accordance with division (G) of this section;
(4) Procedures for annually reporting the data to the public in accordance with division (H) of this section;
(5) Standards to provide strict safeguards to protect the confidentiality of personally identifiable student data.
(B) The guidelines adopted under this section shall require the data maintained in the education management information system to include at least the following:
(1) Student participation and performance data, for each grade in each school district as a whole and for each grade in each school building in each school district, that includes:
(a) The numbers of students receiving each category of instructional service offered by the school district, such as regular education instruction, vocational education instruction, specialized instruction programs or enrichment instruction that is part of the educational curriculum, instruction for gifted students, instruction for students with disabilities, and remedial instruction. The guidelines shall require instructional services under this division to be divided into discrete categories if an instructional service is limited to a specific subject, a specific type of student, or both, such as regular instructional services in mathematics, remedial reading instructional services, instructional services specifically for students gifted in mathematics or some other subject area, or instructional services for students with a specific type of disability. The categories of instructional services required by the guidelines under this division shall be the same as the categories of instructional services used in determining cost units pursuant to division (C)(3) of this section.
(b) The numbers of students receiving support or extracurricular services for each of the support services or extracurricular programs offered by the school district, such as counseling services, health services, and extracurricular sports and fine arts programs. The categories of services required by the guidelines under this division shall be the same as the categories of services used in determining cost units pursuant to division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine through twelve;
(d) Academic achievement levels as assessed under sections 3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling condition pursuant to division (C)(1) of section 3301.0711 of the Revised Code;
(f)
The numbers of students reported to the state
board department
pursuant
to division (C)(2) of section 3301.0711 of the Revised Code;
(g) Attendance rates and the average daily attendance for the year. For purposes of this division, a student shall be counted as present for any field trip that is approved by the school administration.
(h) Expulsion rates;
(i) Suspension rates;
(j) Dropout rates;
(k) Rates of retention in grade;
(l)
For pupils in grades nine through twelve, the average number of
carnegie units, as calculated in accordance with state
board of education
the
director's rules;
(m)
Graduation rates, to be calculated in a manner specified by the
department of
education that
reflects the rate at which students who were in the ninth grade three
years prior to the current year complete school and that is
consistent with nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to kindergarten students as required under section 3301.0715 of the Revised Code to permit a comparison of the academic readiness of kindergarten students. However, no district shall be required to report to the department the results of any diagnostic assessment administered to a kindergarten student, except for the language and reading assessment described in division (A)(2) of section 3301.0715 of the Revised Code, if the parent of that student requests the district not to report those results.
(o) Beginning on July 1, 2018, for each disciplinary action which is required to be reported under division (B)(4) of this section, districts and schools also shall include an identification of the person or persons, if any, at whom the student's violent behavior that resulted in discipline was directed. The person or persons shall be identified by the respective classification at the district or school, such as student, teacher, or nonteaching employee, but shall not be identified by name.
Division (B)(1)(o) of this section does not apply after the date that is two years following the submission of the report required by Section 733.13 of H.B. 49 of the 132nd general assembly.
(p) The number of students earning each state diploma seal included in the system prescribed under division (A) of section 3313.6114 of the Revised Code;
(q) The number of students demonstrating competency for graduation using each option described in divisions (B)(1)(a) to (d) of section 3313.618 of the Revised Code;
(r) The number of students completing each foundational and supporting option as part of the demonstration of competency for graduation pursuant to division (B)(1)(b) of section 3313.618 of the Revised Code;
(s) The number of students enrolled in all-day kindergarten, as defined in section 3321.05 of the Revised Code.
(2) Personnel and classroom enrollment data for each school district, including:
(a) The total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category of instructional service, instructional support service, and administrative support service used pursuant to division (C)(3) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time equivalent employees providing each category of service used pursuant to divisions (C)(4)(a) and (b) of this section, and the total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category used pursuant to division (C)(4)(c) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.
(c) The total number of regular classroom teachers teaching classes of regular education and the average number of pupils enrolled in each such class, in each of grades kindergarten through five in the district as a whole and in each school building in the school district.
(d) The number of lead teachers employed by each school district and each school building.
(3)(a) Student demographic data for each school district, including information regarding the gender ratio of the school district's pupils, the racial make-up of the school district's pupils, the number of English learners in the district, and an appropriate measure of the number of the school district's pupils who reside in economically disadvantaged households. The demographic data shall be collected in a manner to allow correlation with data collected under division (B)(1) of this section. Categories for data collected pursuant to division (B)(3) of this section shall conform, where appropriate, to standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten, whether the student previously participated in a public preschool program, a private preschool program, or a head start program, and the number of years the student participated in each of these programs.
(4) Any data required to be collected pursuant to federal law.
(C) The education management information system shall include cost accounting data for each district as a whole and for each school building in each school district. The guidelines adopted under this section shall require the cost data for each school district to be maintained in a system of mutually exclusive cost units and shall require all of the costs of each school district to be divided among the cost units. The guidelines shall require the system of mutually exclusive cost units to include at least the following:
(1) Administrative costs for the school district as a whole. The guidelines shall require the cost units under this division (C)(1) to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil in enrolled ADM in the school district, as determined pursuant to section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the school district. The guidelines shall require the cost units under this division (C)(2) to be designed so that each of them may be compiled and reported in terms of average expenditure per full-time equivalent pupil receiving instructional or support services in each building.
(3) Instructional services costs for each category of instructional service provided directly to students and required by guidelines adopted pursuant to division (B)(1)(a) of this section. The guidelines shall require the cost units under division (C)(3) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:
(a) The cost of each instructional services category required by guidelines adopted under division (B)(1)(a) of this section that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as services provided by a speech-language pathologist, classroom aide, multimedia aide, or librarian, provided directly to students in conjunction with each instructional services category;
(c) The cost of the administrative support services related to each instructional services category, such as the cost of personnel that develop the curriculum for the instructional services category and the cost of personnel supervising or coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each category of service directly provided to students and required by guidelines adopted pursuant to division (B)(1)(b) of this section. The guidelines shall require the cost units under division (C)(4) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:
(a) The cost of each support or extracurricular services category required by guidelines adopted under division (B)(1)(b) of this section that is provided directly to students by a licensed employee, such as services provided by a guidance counselor or any services provided by a licensed employee under a supplemental contract;
(b) The cost of each such services category provided directly to students by a nonlicensed employee, such as janitorial services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each services category in division (C)(4)(a) or (b) of this section, such as the cost of any licensed or nonlicensed employees that develop, supervise, coordinate, or otherwise are involved in administering or aiding the delivery of each services category.
(D)(1)
The guidelines adopted under this section shall require school
districts to collect information about individual students, staff
members, or both in connection with any data required by division (B)
or (C) of this section or other reporting requirements established in
the Revised Code. The guidelines may also require school districts to
report information about individual staff members in connection with
any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines shall not authorize school districts to request social
security numbers of individual students. The guidelines shall
prohibit the reporting under this section of a student's name,
address, and social security number to the
state board of education or the
department
of
education.
The guidelines shall also prohibit the reporting under this section
of any personally identifiable information about any student, except
for the purpose of assigning the data verification code required by
division (D)(2) of this section, to any other person unless such
person is employed by the school district or the information
technology center operated under section 3301.075 of the Revised Code
and is authorized by the district or technology center to have access
to such information or is employed by an entity with which the
department contracts for the scoring or the development of state
assessments. The guidelines may require school districts to provide
the social security numbers of individual staff members and the
county of residence for a student. Nothing in this section prohibits
the state
board of education or department
of
education from
providing a student's county of residence to the department of
taxation to facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school district or community school to assign a data verification code that is unique on a statewide basis over time to each student whose initial Ohio enrollment is in that district or school and to report all required individual student data for that student utilizing such code. The guidelines shall also provide for assigning data verification codes to all students enrolled in districts or community schools on the effective date of the guidelines established under this section. The assignment of data verification codes for other entities, as described in division (D)(2)(d) of this section, the use of those codes, and the reporting and use of associated individual student data shall be coordinated by the department of education and workforce in accordance with state and federal law.
School districts shall report individual student data to the department through the information technology centers utilizing the code. The entities described in division (D)(2)(d) of this section shall report individual student data to the department in the manner prescribed by the department.
(b)(i)
Except as provided in sections 3301.941, 3310.11, 3310.42, 3310.63,
3313.978, 3317.20, and 5747.057 of the Revised Code, and in division
(D)(2)(b)(ii) of this section, at no time shall the state
board or the department
have access to information that would enable any data verification
code to be matched to personally identifiable student data.
(ii) For the purpose of making per-pupil payments to community schools under section 3317.022 of the Revised Code, the department shall have access to information that would enable any data verification code to be matched to personally identifiable student data.
(c) Each school district and community school shall ensure that the data verification code is included in the student's records reported to any subsequent school district, community school, or state institution of higher education, as defined in section 3345.011 of the Revised Code, in which the student enrolls. Any such subsequent district or school shall utilize the same identifier in its reporting of data under this section.
(d) The director of any state agency that administers a publicly funded program providing services to children who are younger than compulsory school age, as defined in section 3321.01 of the Revised Code, including the directors of health, job and family services, mental health and addiction services, and developmental disabilities, shall request and receive, pursuant to sections 3301.0723 and 5123.0423 of the Revised Code, a data verification code for a child who is receiving those services.
(E) The guidelines adopted under this section may require school districts to collect and report data, information, or reports other than that described in divisions (A), (B), and (C) of this section for the purpose of complying with other reporting requirements established in the Revised Code. The other data, information, or reports may be maintained in the education management information system but are not required to be compiled as part of the profile formats required under division (G) of this section or the annual statewide report required under division (H) of this section.
(F)
Beginning
with the school year that begins July 1, 1991, the The
board
of education of each school district shall annually collect and
report to the
state
board
department,
in accordance with the guidelines established by the
board
department,
the data required pursuant to this section. A school district may
collect and report these data notwithstanding section 2151.357 or
3319.321 of the Revised Code.
(G)
The state
board department
shall,
in accordance with the procedures it adopts, annually compile the
data reported by each school district pursuant to division (D) of
this section. The state
board department
shall
design formats for profiling each school district as a whole and each
school building within each district and shall compile the data in
accordance with these formats. These profile formats shall:
(1) Include all of the data gathered under this section in a manner that facilitates comparison among school districts and among school buildings within each school district;
(2) Present the data on academic achievement levels as assessed by the testing of student achievement maintained pursuant to division (B)(1)(d) of this section.
(H)(1)
The state
board department
shall,
in accordance with the procedures it adopts, annually prepare a
statewide report for all school districts and the general public that
includes the profile of each of the school districts developed
pursuant to division (G) of this section. Copies of the report shall
be sent to each school district.
(2)
The state
board department
shall,
in accordance with the procedures it adopts, annually prepare an
individual report for each school district and the general public
that includes the profiles of each of the school buildings in that
school district developed pursuant to division (G) of this section.
Copies of the report shall be sent to the superintendent of the
district and to each member of the district board of education.
(3)
Copies of the reports received
from the state board under prescribed
in divisions
(H)(1) and (2) of this section shall be made available to the general
public at each school district's offices. Each district board of
education shall make copies of each report available to any person
upon request and payment of a reasonable fee for the cost of
reproducing the report. The board shall annually publish in a
newspaper of general circulation in the school district, at least
twice during the two weeks prior to the week in which the reports
will first be available, a notice containing the address where the
reports are available and the date on which the reports will be
available.
(I) Any data that is collected or maintained pursuant to this section and that identifies an individual pupil is not a public record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted village, or joint vocational school district and, in accordance with section 3314.17 of the Revised Code, any community school. As used in division (L) of this section, "school district" also includes any educational service center or other educational entity required to submit data using the system established under this section.
(2) "Cost" means any expenditure for operating expenses made by a school district excluding any expenditures for debt retirement except for payments made to any commercial lending institution for any loan approved pursuant to section 3313.483 of the Revised Code.
(K) Any person who removes data from the information system established under this section for the purpose of releasing it to any person not entitled under law to have access to such information is subject to section 2913.42 of the Revised Code prohibiting tampering with data.
(L)(1)
In accordance with division (L)(2) of this section and the rules
adopted under division (L)(10) of this section, the department of
education may
sanction any school district that reports incomplete or inaccurate
data, reports data that does not conform to data requirements and
descriptions published by the department, fails to report data in a
timely manner, or otherwise does not make a good faith effort to
report data as required by this section.
(2) If the department decides to sanction a school district under this division, the department shall take the following sequential actions:
(a) Notify the district in writing that the department has determined that data has not been reported as required under this section and require the district to review its data submission and submit corrected data by a deadline established by the department. The department also may require the district to develop a corrective action plan, which shall include provisions for the district to provide mandatory staff training on data reporting procedures.
(b) Withhold up to ten per cent of the total amount of state funds due to the district for the current fiscal year and, if not previously required under division (L)(2)(a) of this section, require the district to develop a corrective action plan in accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of the total amount of state funds due to the district for the current fiscal year;
(d) Direct department staff or an outside entity to investigate the district's data reporting practices and make recommendations for subsequent actions. The recommendations may include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent of the total amount of state funds due to the district for the current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data management system;
(vi) Conduct an investigation to determine whether to suspend or revoke the license of any district employee in accordance with division (N) of this section;
(vii) If the district is issued a report card under section 3302.03 of the Revised Code, indicate on the report card that the district has been sanctioned for failing to report data as required by this section;
(viii) If the district is issued a report card under section 3302.03 of the Revised Code and incomplete or inaccurate data submitted by the district likely caused the district to receive a higher performance rating than it deserved under that section, issue a revised report card for the district;
(ix) Any other action designed to correct the district's data reporting problems.
(3) Any time the department takes an action against a school district under division (L)(2) of this section, the department shall make a report of the circumstances that prompted the action. The department shall send a copy of the report to the district superintendent or chief administrator and maintain a copy of the report in its files.
(4) If any action taken under division (L)(2) of this section resolves a school district's data reporting problems to the department's satisfaction, the department shall not take any further actions described by that division. If the department withheld funds from the district under that division, the department may release those funds to the district, except that if the department withheld funding under division (L)(2)(c) of this section, the department shall not release the funds withheld under division (L)(2)(b) of this section and, if the department withheld funding under division (L)(2)(d) of this section, the department shall not release the funds withheld under division (L)(2)(b) or (c) of this section.
(5) Notwithstanding anything in this section to the contrary, the department may use its own staff or an outside entity to conduct an audit of a school district's data reporting practices any time the department has reason to believe the district has not made a good faith effort to report data as required by this section. If any audit conducted by an outside entity under division (L)(2)(d)(i) or (5) of this section confirms that a district has not made a good faith effort to report data as required by this section, the district shall reimburse the department for the full cost of the audit. The department may withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school district under division (L)(2)(d)(viii) of this section, the department may hold a hearing to provide the district with an opportunity to demonstrate that it made a good faith effort to report data as required by this section. The hearing shall be conducted by a referee appointed by the department. Based on the information provided in the hearing, the referee shall recommend whether the department should issue a revised report card for the district. If the referee affirms the department's contention that the district did not make a good faith effort to report data as required by this section, the district shall bear the full cost of conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data reported under this section caused a school district to receive excess state funds in any fiscal year, the district shall reimburse the department an amount equal to the excess funds, in accordance with a payment schedule determined by the department. The department may withhold state funds due to the district for this purpose.
(8) Any school district that has funds withheld under division (L)(2) of this section may appeal the withholding in accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and a school district regarding the appropriateness of an action taken under division (L)(2) of this section, the burden of proof shall be on the district to demonstrate that it made a good faith effort to report data as required by this section.
(10)
The state
board director
of
education and
workforce shall
adopt rules under Chapter 119. of the Revised Code to implement
division (L) of this section.
(M) No information technology center or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
(N) The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a license as defined under division (A) of section 3319.31 of the Revised Code that has been issued to any school district employee found to have willfully reported erroneous, inaccurate, or incomplete data to the education management information system.
(O) No person shall release or maintain any information about any student in violation of this section. Whoever violates this division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected under division (B)(1)(n) of this section according to the race and socioeconomic status of the students assessed.
(Q) If the department cannot compile any of the information required by division (I) of section 3302.03 of the Revised Code based upon the data collected under this section, the department shall develop a plan and a reasonable timeline for the collection of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as required under division (B)(1) of section 3313.608 or as specified in division (D)(3) of section 3301.079 of the Revised Code, the board of education of each city, local, and exempted village school district shall administer each applicable diagnostic assessment developed and provided to the district in accordance with section 3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a different school within the district if each applicable diagnostic assessment was not administered by the district or school the student previously attended in the current school year, within thirty days after the date of transfer. If the district or school into which the student transfers cannot determine whether the student has taken any applicable diagnostic assessment in the current school year, the district or school may administer the diagnostic assessment to the student. However, if a student transfers into the district prior to the administration of the diagnostic assessments to all students under division (B) of this section, the district may administer the diagnostic assessments to that student on the date or dates determined under that division.
(2) Each kindergarten student, not earlier than the first day of July of the school year and not later than the twentieth day of instruction of that school year.
For the purpose of division (A)(2) of this section, the district shall administer the kindergarten readiness assessment provided by the department of education and workforce. In no case shall the results of the readiness assessment be used to prohibit a student from enrolling in kindergarten.
(3) Each student enrolled in first, second, or third grade.
Division
(A) of this section does not apply to students with significant
cognitive disabilities, as defined by the department
of
education.
(B) Each district board shall administer each diagnostic assessment when the board deems appropriate, provided the administration complies with section 3313.608 of the Revised Code. However, the board shall administer any diagnostic assessment at least once annually to all students in the appropriate grade level. A district board may administer any diagnostic assessment in the fall and spring of a school year to measure the amount of academic growth attributable to the instruction received by students during that school year.
(C) A district may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section if the district meets either of the following conditions for the immediately preceding school year:
(1) The district received a grade of "A" or "B" for the performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code or for the value-added progress dimension under division (C)(1)(e) of that section.
(2) The district received a performance rating of four stars or higher for achievement under division (D)(3)(b) of section 3302.03 of the Revised Code or for progress under division (D)(3)(c) of that section.
(D) Each district board shall utilize and score any diagnostic assessment administered under division (A) of this section in accordance with rules established by the department. After the administration of any diagnostic assessment, each district shall provide a student's completed diagnostic assessment, the results of such assessment, and any other accompanying documents used during the administration of the assessment to the parent of that student, and shall include all such documents and information in any plan developed for the student under division (C) of section 3313.608 of the Revised Code. Each district shall submit to the department, in the manner the department prescribes, the results of the diagnostic assessments administered under this section, regardless of the type of assessment used under section 3313.608 of the Revised Code. The department may issue reports with respect to the data collected. The department may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the measures prescribed by divisions (B)(1)(g), (C)(1)(g), and (D)(1)(h) of section 3302.03 of the Revised Code and the data reported under division (D)(2)(e) of that section.
(E) Each district board shall provide intervention services to students whose diagnostic assessments show that they are failing to make satisfactory progress toward attaining the academic standards for their grade level.
(F)
Beginning
in the 2018-2019 school year, any
Any
chartered
nonpublic school may elect to administer the kindergarten readiness
assessment to all kindergarten students enrolled in the school. If
the school so elects, the chief administrator of the school shall
notify the
superintendent
of public instruction
department
not
later than the thirty-first day of March prior to any school year in
which the school will administer the assessment. The department shall
furnish the assessment to the school at no cost to the school. In
administering the assessment, the school shall do all of the
following:
(1) Enter into a written agreement with the department specifying that the school will share each participating student's assessment data with the department and, that for the purpose of reporting the data to the department, each participating student will be assigned a data verification code as described in division (D)(2) of section 3301.0714 of the Revised Code;
(2) Require the assessment to be administered by a teacher certified under section 3301.071 of the Revised Code who either has completed training on administering the kindergarten readiness assessment provided by the department or has been trained by another person who has completed such training;
(3) Administer the assessment in the same manner as school districts are required to do under this section and the rules established under division (D) of this section.
(G)
Beginning
in the 2019-2020 school year, a
A
school
district in which less than eighty per cent of its students score at
the proficient level or higher on the third-grade English language
arts assessment prescribed under section 3301.0710 of the Revised
Code shall establish a reading improvement plan supported by reading
specialists. Prior to implementation, the plan shall be approved by
the school district board of education.
Sec. 3301.0716. Notwithstanding division (D) of section 3301.0714 of the Revised Code, the department of education and workforce may have access to personally identifiable information about any student under the following circumstances:
(A) An entity with which the department contracts for the scoring of assessments administered under section 3301.0711 or 3301.0712 of the Revised Code has notified the department that the student's written response to a question on an assessment included threats or descriptions of harm to another person or the student's self and the information is necessary to enable the department to identify the student for purposes of notifying the school district or school in which the student is enrolled of the potential for harm.
(B) The department requests the information to respond to an appeal from a school district or school for verification of the accuracy of the student's score on an assessment administered under section 3301.0711 or 3301.0712 of the Revised Code.
(C) The department requests the information to determine whether the student satisfies the alternative conditions for a high school diploma prescribed in section 3313.615 of the Revised Code.
Sec.
3301.0717. In
addition to the duties imposed on it by law, the
state
board
department
of
education and
workforce shall
establish and submit to the governor and the general assembly a clear
and measurable set of goals with specific timetables for their
achievement. The goals shall be established for programs designed to
accomplish:
(A) A reduction in rates of retention in grade;
(B) Reductions in the need for remedial courses;
(C) Reductions in the student dropout rate;
(D) Improvements in scores on standardized tests;
(E) Increases in satisfactory completion of high school achievement tests;
(F) Increases in American college test scores;
(G) Increases in the rate of college entry;
(H) Reductions in the need for remedial courses for first-year college students.
In
July of each odd-numbered year, the
state
board of education
department
shall
submit a report on progress made toward these goals to the governor
and the general assembly.
Sec.
3301.0718. The
state
board
department
of
education
and
workforce
shall
not adopt or revise any standards or curriculum in the area of health
unless, by concurrent resolution, the standards, curriculum, or
revisions are approved by both houses of the general assembly. Before
the house of representatives or senate votes on a concurrent
resolution approving health standards, curriculum, or revisions, its
standing committee having jurisdiction over education legislation
shall conduct at least one public hearing on the standards,
curriculum, or revisions.
Sec. 3301.0719. (A) As used in this section, "business education" includes, but is not limited to, accounting, career development, economics and personal finance, entrepreneurship, information technology, management, and marketing.
(B)
the
state board
The
department of
education
and
workforce
shall
adopt standards for business education in grades seven through
twelve. The standards shall incorporate existing business education
standards as appropriate to help guide instruction in the state's
schools. The department shall provide the standards, and any
revisions of the standards, to all school districts, community
schools established under Chapter 3314. of the Revised Code, and STEM
schools established under Chapter 3326. of the Revised Code. Any
school district, community school or STEM school may utilize the
standards. Standards adopted under this division shall supplement,
and not supersede, academic content standards adopted under section
3301.079 of the Revised Code.
Sec.
3301.0720. The
state
board
department
of
education and
workforce shall
recommend all of the following to school districts in connection with
the teaching of secondary school sciences:
(A)
A suggested curriculum for the teaching of chemistry, physics,
biology, and whatever additional sciences the
state
board
department
may
select;
(B) Lists of minimum supplies and equipment necessary for the teaching of each science for which a curriculum is suggested under division (A) of this section, with special emphasis on recommended safety equipment;
(C) Acquisition and replacement schedules for the supplies and equipment listed under division (B) of this section. The schedules shall ensure availability of at least minimum inventories in every high school.
(D) Suggested safety procedures, including all of the following:
(1) Training for students and teachers in the safe handling and use of hazardous and potentially hazardous materials and equipment;
(2) Methods of safely storing and disposing of hazardous and potentially hazardous materials;
(3) Provisions for a biennial assessment of each high school's safety equipment and procedures by someone other than the school personnel directly responsible for them, and recommended procedures for making the results of any assessment available to the public.
Sec.
3301.0721. (A)
The
superintendent
of public instruction
department
of education and workforce shall
develop a model curriculum for instruction in college and career
readiness and financial literacy. The curriculum shall focus on
grades seven through twelve, but
the
superintendent
may
include other grade levels. When the model curriculum has been
developed, the department
of
education
shall
notify all school districts, community schools established under
Chapter 3314. of the Revised Code, and STEM schools established under
Chapter 3326. of the Revised Code of the content of the curriculum.
Any district or school may utilize the model curriculum.
(B)
The
state
board of education
director
of education and workforce,
in collaboration with the director of public safety, shall develop a
model curriculum for instruction in grades nine through twelve on
proper interactions with peace officers during traffic stops and
other in-person encounters with peace officers. In developing the
curriculum under division (B) of this section, the
state
board and the director
directors
may
consult with any interested party, including a volunteer work group
convened for the purpose of making recommendations regarding the
instruction. Before finalizing any curriculum under division (B) of
this section, the
state
board and the director
directors
shall
provide a reasonable period for public comment. The curriculum shall
include both of the following:
(1) Information regarding all of the following:
(a) A person's rights during an interaction with a peace officer;
(b) Proper actions for interacting with a peace officer;
(c) Which individuals are considered peace officers, and their duties and responsibilities;
(d) Laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws.
(2) Demonstrations and role-play activities in a classroom setting that allow students to better understand how interactions between civilians and peace officers can and should unfold.
As used in this section, "peace officer" has the same meaning as in section 109.71 of the Revised Code.
Sec. 3301.0723. (A) The independent contractor engaged by the department of education and workforce to create and maintain for school districts and community schools the student data verification codes required by division (D)(2) of section 3301.0714 of the Revised Code, upon request of the director of any state agency that administers a publicly funded program providing services to children who are younger than compulsory school age, as defined in section 3321.01 of the Revised Code, including the directors of health, job and family services, mental health and addiction services, and developmental disabilities, shall assign a data verification code to a child who is receiving such services and shall provide that code to the director. The contractor also shall provide that code to the department of education and workforce.
(B) The director of a state agency that receives a child's data verification code under division (A) of this section shall use that code to submit information for that child to the department of education and workforce in accordance with section 3301.0714 of the Revised Code.
(C) A public school that receives from the independent contractor the data verification code for a child assigned under division (A) of this section shall not request or assign to that child another data verification code under division (D)(2) of section 3301.0714 of the Revised Code. That school and any other public school in which the child subsequently enrolls shall use the data verification code assigned under division (A) of this section to report data relative to that student required under section 3301.0714 of the Revised Code.
Sec.
3301.0725. A
school district may employ certificated instructional personnel for
hours outside of the normal school day for the purpose of providing
extended programming. Extended programming, as defined by rule of the
state
board
department
of
education
and
workforce,
shall be based upon learner needs and, if applicable, business and
industry validated standards and competencies and shall enhance
student learning opportunities. Extended programming shall be subject
to the requirements of sections 3313.6018 and 3313.6019 of the
Revised Code.
No
rule of the
state
board
department
shall
require extended programming employment of certificated instructional
personnel as a condition of eligibility for funding under any other
section of the Revised Code.
Sec. 3301.0726. (A) The department of education and workforce shall develop a packet of high school instructional materials on personal financial responsibility, including instructional materials on the avoidance of credit card abuse, and shall distribute that packet to all school districts. The board of education of any school district may adopt part or all of the materials included in the packet for incorporation into the district's curriculum.
(B)
The department
of
education
shall
include supplemental instructional materials on the development of
handwriting as a universal skill in the English language arts model
curriculum under division (B) of section 3301.079 of the Revised Code
for grades kindergarten through five. The instructional materials
shall be designed to enable students to print letters and words
legibly by grade three and create readable documents using legible
cursive handwriting by the end of grade five. The instructional
materials shall be included in the model curriculum not later than
the
first day of July that next succeeds the effective date of this
amendment July
1, 2019,
and,
thereafter, shall periodically be updated.
Sec.
3301.0728. Notwithstanding
anything in the Revised Code to the contrary, a student may retake
any end-of-course examination prescribed under division (B)(2) of
section 3301.0712 of the Revised Code during the student's academic
career at a time designated by the department of education
and
workforce.
If, for any reason, a student does not take an end-of-course
examination on the scheduled administration date, the department
of
education
shall
make available to the student the examination for which the student
was absent, or a substantially similar examination as determined by
the department, so that the student may take the examination or a
substantially similar examination at a later time in the student's
academic career. The
state
board of education
department
shall
adopt rules in accordance with Chapter 119. of the Revised Code to
implement the provisions of this section.
Sec. 3301.0730. (A) As used in this section:
(1) "Education management information system" means the integrated system of statewide data collecting, reporting, and compiling for school districts and schools prescribed under section 3301.0714 of the Revised Code.
(2) "EMIS guidelines" means any guidance issued by the department of education and workforce containing the student, staff, and financial information to be collected and reported, along with data-element definitions, procedures, and guidelines necessary to implement the education management information system.
(B)
Not
later than June 1, 2021, the The
department
shall develop a procedure that permits users of the education
management information system to review and provide comment on new or
updated EMIS guidelines. The procedure shall satisfy all of the
following conditions:
(1) The department shall post a copy of the proposed new or updated EMIS guidelines on the department's web site. The department shall solicit comment from EMIS users on the proposed guidelines for thirty consecutive days.
(2) The department shall respond to comments provided by users and may revise the proposed new or updated EMIS guidelines based on comments provided by users within thirty consecutive days after the comment period closes.
(3) The department shall post the final new or updated EMIS guidelines on its web site at the end of the response period for thirty consecutive days for a final review by EMIS users. The new or updated guidelines shall take effect after that period ends.
(C)
Except as provided in division (D) of this section, if the department
develops new or updated EMIS guidelines to implement a program,
initiative, or policy, the department shall use the procedures
prescribed under division (B) of this section. For
any such new or updated guidelines proposed to be effective for the
2021-2022 school year, the department shall initiate the procedures
not later than June 15, 2021. For any such new or updated guidelines
proposed to be effective for a subsequent school year, the The
department
shall initiate the procedures not later than the fifteenth day of May
immediately prior to the beginning of that
the
school
year
for
which the new or updated EMIS guidelines will be effective.
(D) On and after June 1, 2021, the department shall use the procedure prescribed under division (B) of this section for any new or updated EMIS guidelines developed by the department for the purposes of implementing any of the following:
(1) A newly enacted state or federal law;
(2) A new or updated federal rule;
(3)
A rule
or
resolution
adopted
by the
state
board of education
department.
(E) The department shall not be required to use the procedure prescribed under division (B) of this section when issuing any of the following:
(1) Updated EMIS guidelines to address issues that are not substantive, such as correcting grammatical errors;
(2) Updated EMIS guidelines to address unforeseen technical errors;
(3) Supplemental documents regarding EMIS guidelines and the education management information system, including documents that do any of the following:
(a) Clarify the implementation of EMIS guidelines;
(b) Answer questions submitted by users of the education management system;
(c) Provide training regarding the education management information system.
(F) Additionally, the department shall establish both of the following:
(1) Uniform guidance for career-technical planning districts and information technology centers established under section 3301.075 of the Revised Code regarding the education management information system and EMIS guidelines for career-technical planning districts;
(2) Uniform training programs for all personnel employed by the department to administer the education management information system.
Sec. 3301.0731. The minimum education standards prescribed by the director of education and workforce for nonchartered nonpublic schools under section 3301.07 of the Revised Code shall comply with this section.
(A) A nonchartered nonpublic school that is not seeking a charter from the department of education and workforce because of truly held religious beliefs shall annually certify in a report to the parents of its pupils that the school meets minimum education standards for nonchartered nonpublic schools as described in this section. A copy of the report shall be filed with the department of education and workforce on or before the thirtieth day of September of each year.
(B) A nonchartered nonpublic school shall be open for instruction with pupils in attendance for not less than four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year.
(C) The parents of a child enrolled in a nonchartered nonpublic school shall be responsible for reporting their child's enrollment or withdrawal from that school to the treasurer of the board of education of the city, exempted village, or local school district in which the pupil resides. Pupil attendance is reported for the purposes of facilitating the administration of laws relating to compulsory education and the employment of minors. An individual in charge of the nonchartered nonpublic school may, as a matter of convenience, provide the report to the treasurer on behalf of the parents.
The attendance report shall include the name, age, and place of residence of each pupil below eighteen years of age. The report shall be made within the first two weeks of the beginning of each school year. In the case of pupil withdrawal or entrance during the school year, notice shall be given to the treasurer of the appropriate board of education within the first week of the next school month.
(D) Teachers and administrators at nonchartered nonpublic schools shall hold at least a bachelor's degree, or the equivalent, from a recognized college or university.
(E) The curriculum of each nonchartered nonpublic school shall include the study of the following subjects:
(1) Language arts;
(2) Geography, the history of the United States and Ohio, and national, state, and local government;
(3) Mathematics;
(4) Science;
(5) Health;
(6) Physical education;
(7) The fine arts, including music;
(8) First aid, safety, and fire prevention;
(9) Other subjects as prescribed by the nonchartered nonpublic school.
(F) Each nonchartered nonpublic school shall follow regular procedures for promotion from grade to grade for pupils who have met the school's educational requirements.
(G) Each nonchartered nonpublic school shall comply with all applicable health, fire, and safety laws.
(H) Pupils attending a nonchartered nonpublic school shall not be entitled to pupil transportation or auxiliary services. A nonchartered nonpublic school is not entitled to reimbursement for administrative costs.
Sec.
3301.10. The
superintendent
of public instruction
director
of education and workforce shall
be a member of the board of trustees of the Ohio history connection,
in addition to the members constituting such board.
Sec.
3301.11. The
superintendent of public instruction shall be the executive and
administrative officer of the state board of education in its
administration of all educational matters and functions placed under
its management and control. He
The
superintendent
shall
execute, under the direction of the state board of education, the
educational policies, orders, directives, and administrative
functions of the board,
and shall direct, under rules and regulations adopted by the board,
the work of all persons employed in the state department of
education.
Upon the request of the state board of education, the superintendent of public instruction shall report to the board on any matter.
Sec. 3301.111. (A) The state board of education is responsible for the adoption of requirements for educator licensure, licensee disciplinary actions, school district territory transfer determinations, and such other powers and duties expressly prescribed for the state board under the law, including in sections 3301.071, 3301.074, 3301.28, 3302.151, 3314.40, 3326.24, 3328.19, and Chapters 3311. and 3319. of the Revised Code. In exercising any of its powers or duties, including adopting rules prescribing license requirements, the state board is subject to Chapter 119. of the Revised Code.
(B) The state board shall make recommendations to the director of education and workforce regarding priorities for primary and secondary education. The state board may request the assistance of the department of education and workforce in exercising the state board's powers and duties. To the extent the director determines such assistance necessary and practicable, the department shall provide the requested assistance.
(C) The state board shall appoint the superintendent of public instruction in accordance with Ohio Constitution, Article VI, Section 4 and section 3301.08 of the Revised Code. The state superintendent shall be the secretary of the state board and its executive officer in accordance with sections 3301.09 and 3301.11 of the Revised Code. The state superintendent may serve as an advisor to the director.
(D) The state board shall employ such personnel as it determines necessary to carry out its duties and powers. Subject to the state board's policies, rules, and regulations, the state superintendent shall exercise general supervision of the state board's employees, as prescribed in section 3301.11 of the Revised Code, and may appoint, fix the salary, and terminate the employment of such employees.
(E) The state board is subject to all provisions of law pertaining to departments, offices, or institutions established for the exercise of any function of the state government, except that it is not one of the departments provided for under division (A) of section 121.01 of the Revised Code.
(F) The headquarters of the state board shall be at the seat of government, where office space suitable and adequate for the work of the state board shall be provided by the appropriate state agency. There the state board shall meet and transact its business, unless the state board chooses to meet elsewhere in Ohio as provided by section 3301.04 of the Revised Code. There the records of the state board and the records, papers, and documents belonging to the state board shall be kept in charge of the state superintendent.
Sec.
3301.12. (A)
The
superintendent
of public instruction
director
of education and workforce, in
addition to the authority otherwise imposed on the
superintendent
director,
shall perform the following duties:
(1)
The
superintendent shall provide
Provide
technical
and professional assistance and advice to all school districts in
reference to all aspects of education, including finance, buildings
and equipment, administration, organization of school districts,
curriculum and instruction, transportation of pupils, personnel
problems, and the interpretation of school laws and state
regulations.;
(2)
The
superintendent shall prescribe
Prescribe
and
require the preparation and filing of such financial and other
reports from school districts, officers, and employees as are
necessary or proper. The
superintendent
director
shall
prescribe and require the installation by school districts of such
standardized reporting forms and accounting procedures as are
essential to the businesslike operations of the public schools of the
state.
(3)
The
superintendent shall conduct
Conduct
such
studies and research projects as are necessary or desirable for the
improvement of public school education in Ohio,
and such as may be assigned to the superintendent by the state board
of education.
Such studies and projects may include analysis of data contained in
the education management information system established under section
3301.0714 of the Revised Code. For any study or project that requires
the analysis of individual student data, the department of education
and
workforce
or
any entity with which the
superintendent
director
or
department contracts to conduct the study or project shall maintain
the confidentiality of student data at all times. For this purpose,
the department or contracting entity shall use the data verification
code assigned pursuant to division (D)(2) of section 3301.0714 of the
Revised Code for each student whose data is analyzed. Except as
otherwise provided in division (D)(1) of section 3301.0714 of the
Revised Code, at no time shall the superintendentdirector,
the department, the state board of education, or any entity
conducting a study or research project on the superintendent's
director's
behalf
have access to a student's name, address, or social security number
while analyzing individual student data.
(4)
The
superintendent shall prepare
Prepare
and
submit annually
to
the state board of education
a
report of the activities of the department
of
education
and
the status, problems, and needs of education in the state
of
Ohio.;
(5)
The
superintendent shall supervise
Supervise
all
agencies over which the
board
department
exercises
administrative control, including schools for education of persons
with disabilities.;
(6)
In accordance with section 3333.048 of the Revised Code, the
superintendent,
director,
jointly
with the chancellor of the
Ohio board of regents,higher
education,
shall
establish metrics and courses of study for institutions of higher
education that prepare educators and other school personnel and shall
provide for inspection of those institutions.
(B)
The
superintendent
of public instruction
director
may
annually inspect and analyze the expenditures of each school district
and make a determination as to the efficiency of each district's
costs, relative to other school districts in the state, for
instructional, administrative, and student support services. The
superintendent
director
shall
notify each school district as to the nature of, and reasons for, the
determination. The
state
board of education
director
shall
adopt rules in accordance with Chapter 119. of the Revised Code
setting forth the procedures and standards for the performance of the
inspection and analysis.
Sec.
3301.121. (A)
In addition to the duties and responsibilities of the
superintendent
of public instruction
director
of education and workforce set
forth in section 3301.12 of the Revised Code, the
superintendent
director,
in accordance with this section and section 3313.662 of the Revised
Code, shall conduct an adjudication procedure to determine whether to
permanently exclude from attending any of the public schools of this
state any pupil who is the subject of a resolution forwarded to the
superintendent
director
by
a board of education pursuant to division (D) of section 3313.662 of
the Revised Code.
(B)(1)
Except as provided in division (B)(3) of this section, within
fourteen days after receipt of a resolution forwarded by a board of
education pursuant to division (D) of section 3313.662 of the Revised
Code, the
superintendent
of public instruction director
or
the
superintendent's
director's
designee
shall provide the pupil who is the subject of the resolution and that
pupil's parent, guardian, or custodian with a notice of an
opportunity for an adjudication hearing on the proposed permanent
exclusion of the pupil from attending any of the public schools of
this state. The notice shall include all of the following:
(a) The date, time, and place of the permanent exclusion adjudication hearing;
(b) A statement informing the pupil and the pupil's parent, guardian, or custodian that the pupil may attend the adjudication hearing at the date, time, and place set forth in the notice, that the failure of the pupil or the pupil's parent, guardian, or custodian to attend the adjudication hearing will result in a waiver of the pupil's right to present evidence, testimony, and factors in mitigation of the pupil's permanent exclusion at an adjudication hearing on the proposed permanent exclusion, and that the pupil shall be accorded all of the following rights:
(i) The right to testify, to present evidence and the testimony of witnesses, and to confront, cross-examine, and compel the attendance of witnesses;
(ii) The right to a record of the hearing;
(iii) The right to written findings.
(c) A statement informing the pupil and the pupil's parent, guardian, or custodian that the pupil has the right to be represented by counsel at the adjudication hearing.
(d)
A statement informing the pupil and the pupil's parent, guardian, or
custodian that, if the pupil by failing to attend the hearing waives
the pupil's right to present evidence, testimony, and factors in
mitigation of the pupil's permanent exclusion at an adjudication
hearing on the proposed permanent exclusion, the
superintendent
director
is
required to review the information relevant to the permanent
exclusion that is available to the
superintendent
director
and
is permitted to enter an order requiring the pupil's permanent
exclusion from attending any of the public schools of this state at
any time within seven days after the conclusion of the adjudication
hearing.
(2)
The
superintendent
director
or
the
superintendent's
director's
designee
shall provide the notice required by division (B)(1) of this section
to the pupil and to the pupil's parent, guardian, or custodian by
certified mail or personal service.
(3)(a)
If a pupil who is the subject of a resolution forwarded to the
superintendent
of public instruction
director
by
a board of education pursuant to section 3313.662 of the Revised Code
is in the custody of the department of youth services pursuant to a
disposition under any provision of Chapter 2152. of the Revised Code,
other than division (A)(1)(a) of section 2152.16 of the Revised Code,
at the time the resolution is forwarded, the department shall notify
in writing the
superintendent
of public instruction
director
and
the board of education that forwarded the resolution of that fact.
Upon receipt of the notice, the
superintendent
director
shall
delay providing the notice required by division (B)(1) of this
section and the adjudication of the request for permanent exclusion
until the superintendent
director
receives
further notice from the department pursuant to division (B)(3)(b) of
this section.
(b)
At least sixty days before a pupil described in division (B)(3)(a) of
this section will be released from institutionalization or
institutionalization in a secure facility by the department of youth
services, the department shall notify in writing the
superintendent
of public instruction
director
and
the board of education that forwarded the resolution pursuant to
section 3313.662 of the Revised Code of the impending release and
shall provide in that notice information regarding the extent of the
education the pupil received while in the custody of the department,
including whether the pupil has obtained a certificate of high school
equivalence.
If
the pupil has not obtained a certificate of high school equivalence
while in the custody of the department of youth services, the
superintendent
of public instruction
director
shall
provide the notice required by division (B)(1) of this section and,
at least thirty days before the pupil is to be released from
institutionalization or institutionalization in a secure facility,
conduct an adjudication procedure to determine whether to permanently
exclude the pupil from attending the public schools of this state in
accordance with this section. If the pupil has obtained a certificate
of high school equivalence while in the custody of the department,
the
superintendent
director,
in the
superintendent's
director's
discretion,
may conduct the adjudication.
(C)(1)
Except as provided in division (B)(3) of this section, the date of
the adjudication hearing set forth in the notice required by division
(B)(1) of this section shall be a date no less than fourteen days nor
more than twenty-one days from the date the
superintendent
director
sends
the notice by certified mail or initiates personal service of the
notice.
(2)
The
superintendent
director,
for good cause shown on the written request of the pupil or the
pupil's parent, guardian, or custodian, or on the
superintendent's
director's
own
motion, may grant reasonable continuances of any adjudication hearing
held under this section but shall not grant either party total
continuances in excess of ten days.
(3)
If a pupil or the pupil's parent, guardian, or custodian does not
appear at the adjudication hearing on a proposed permanent exclusion,
the
superintendent
director
or
the referee appointed by the
superintendent
director
shall
proceed to conduct an adjudication hearing on the proposed permanent
exclusion on the date for the adjudication hearing that is set forth
in the notice provided pursuant to division (B)(1) of this section or
on the date to which the hearing was continued pursuant to division
(C)(2) of this section.
(D)(1)
The
superintendent
director
or
a referee appointed by the
superintendent
director
may
conduct an adjudication hearing to determine whether to permanently
exclude a pupil in one of the following counties:
(a)
The county in which the
superintendent
director
holds
the
superintendent's
director's
office;
(b)
Upon the request of the pupil or the pupil's parent, guardian,
custodian, or attorney, in the county in which the board of education
that forwarded the resolution requesting the permanent exclusion is
located if the
superintendent
director,
in the
superintendent's
director's
discretion
and upon consideration of evidence of hardship presented on behalf of
the requesting pupil, determines that the hearing should be conducted
in that county.
(2)
The
superintendent
of public instruction
director
or
a referee appointed by the
superintendent
director
shall
conduct an adjudication hearing on a proposed permanent exclusion of
a pupil. The referee may be an attorney admitted to the practice of
law in this state but shall not be an attorney that represents the
board of education that forwarded the resolution requesting the
permanent exclusion.
(3)
The
superintendent
director
or
referee who conducts an adjudication hearing under this section may
administer oaths, issue subpoenas to compel the attendance of
witnesses and evidence, and enforce the subpoenas by a contempt
proceeding in the court of common pleas as provided by law. The
superintendent
director
or
referee may require the separation of witnesses and may bar from the
proceedings any person whose presence is not essential to the
proceedings.
(4)
The
superintendent
of public instruction
director
shall
request the department of rehabilitation and correction, the sheriff,
the department of youth services, or any publicly funded out-of-home
care entity that has legal custody of a pupil who is the subject of
an adjudication hearing held pursuant to this section to transport
the pupil to the place of the adjudication hearing at the time and
date set for the hearing. The department, sheriff, or publicly funded
out-of-home care entity that receives the request shall provide
transportation for the pupil who is the subject of the adjudication
hearing to the place of the hearing at the time and date set for the
hearing. The department, sheriff, or entity shall pay the cost of
transporting the pupil to and from the hearing.
(E)(1)
An adjudication hearing held pursuant to this section shall be
adversary in nature, shall be conducted fairly and impartially, and
may be conducted without the formalities of a criminal proceeding. A
pupil whose permanent exclusion is being adjudicated has the right to
be represented by counsel at the adjudication hearing. If the pupil
has the financial capacity to retain counsel, the
superintendent
director
or
the referee is not required to provide counsel for the pupil. At the
adjudication hearing, the pupil also has the right to cross-examine
witnesses against the pupil, to testify, to present evidence and the
testimony of witnesses on the pupil's behalf, and to raise factors in
mitigation of the pupil's being permanently excluded.
(2)
In an adjudication hearing held pursuant to this section and section
3313.662 of the Revised Code, a representative of the school district
of the board of education that adopted and forwarded the resolution
requesting the permanent exclusion of the pupil shall present the
case for permanent exclusion to the
superintendent
director
or
the referee. The representative of the school district may be an
attorney admitted to the practice of law in this state. At the
adjudication hearing, the representative of the school district shall
present evidence in support of the requested permanent exclusion. The
superintendent
director
or
the
superintendent's
director's
designee
shall consider the entire school record of the pupil who is the
subject of the adjudication and shall consider any of the following
information that is available:
(a) The academic record of the pupil and a record of any extracurricular activities in which the pupil previously was involved;
(b) The disciplinary record of the pupil and any available records of the pupil's prior behavioral problems other than the behavioral problems contained in the disciplinary record;
(c) The social history of the pupil;
(d) The pupil's response to the imposition of prior discipline and sanctions imposed for behavioral problems;
(e) Evidence regarding the seriousness of and any aggravating factors related to the offense that is the basis of the resolution seeking permanent exclusion;
(f) Any mitigating circumstances surrounding the offense that gave rise to the request for permanent exclusion;
(g) Evidence regarding the probable danger posed to the health and safety of other pupils or of school employees by the continued presence of the pupil in a public school setting;
(h) Evidence regarding the probable disruption of the teaching of any school district's graded course of study by the continued presence of the pupil in a public school setting;
(i) Evidence regarding the availability of alternative sanctions of a less serious nature than permanent exclusion that would enable the pupil to remain in a public school setting without posing a significant danger to the health and safety of other pupils or of school employees and without posing a threat of the disruption of the teaching of any district's graded course of study.
(3) In any adjudication hearing conducted pursuant to this section and section 3313.662 of the Revised Code, a court order that proves the adjudication or conviction that is the basis for the resolution of the board of education seeking permanent exclusion is sufficient evidence to prove that the pupil committed a violation as specified in division (F)(1) of this section.
(4)
The
superintendent
director
or
the referee shall make or cause to be made a record of any
adjudication hearing conducted pursuant to this section.
(5)
A referee who conducts an adjudication hearing pursuant to this
section shall promptly report the referee's findings in writing to
the
superintendent
director
at
the conclusion of the adjudication hearing.
(F)
If an adjudication hearing is conducted or a determination is made
pursuant to this section and section 3313.662 of the Revised Code,
the
superintendent
director
shall
review and consider the evidence presented, the entire school record
of the pupil, and any available information described in divisions
(E)(2)(a) to (i) of this section and shall not enter an order of
permanent exclusion unless the
superintendent
director
or
the
superintendent's
appointed
referee finds, by a preponderance of the evidence, both of the
following:
(1) That the pupil was convicted of or adjudicated a delinquent child for committing a violation listed in division (A) of section 3313.662 of the Revised Code and that the violation was committed when the child was sixteen years of age or older;
(2) That the pupil's continued attendance in the public school system may endanger the health and safety of other pupils or school employees.
(G)(1)
Within seven days after the conclusion of an adjudication hearing
that is conducted pursuant to this section, the
superintendent
of public instruction
director
shall
enter an order in relation to the permanent exclusion of the pupil
who is the subject of the hearing or determination.
(2)
If the
superintendent
director
or
a referee makes the findings described in divisions (F)(1) and (2) of
this section, the
superintendent
director
shall
issue a written order that permanently excludes the pupil from
attending any of the public schools of this state and immediately
shall send a written notice of the order to the board of education
that forwarded the resolution, to the pupil who was the subject of
the resolution, to that pupil's parent, guardian, or custodian, and
to that pupil's attorney, that includes all of the following:
(a) A copy of the order of permanent exclusion;
(b) A statement informing the pupil and the pupil's parent, guardian, or custodian of the pupil's right to appeal the order of permanent exclusion pursuant to division (H) of this section and of the possible revocation of the permanent exclusion pursuant to division (I) of this section if a final judicial determination reverses the conviction or adjudication that was the basis for the permanent exclusion;
(c) A statement informing the pupil and the pupil's parent, guardian, or custodian of the provisions of divisions (F), (G), and (H) of section 3313.662 of the Revised Code.
(3)
If the
superintendent
director
or
a referee does not make the findings described in divisions (F)(1)
and (2) of this section, the
superintendent
director
shall
issue a written order that rejects the resolution of the board of
education and immediately shall send written notice of that fact to
the board of education that forwarded the resolution, to the pupil
who was the subject of the proposed resolution, and to that pupil's
parent, guardian, or custodian.
(H)
A pupil may appeal an order of permanent exclusion made by the
superintendent
of public instruction
director
pursuant
to this section and section 3313.662 of the Revised Code to the court
of common pleas of the county in which the board of education that
forwarded the resolution requesting the permanent exclusion is
located. The appeal shall be conducted in accordance with Chapter
2505. of the Revised Code.
(I)
If a final judicial determination reverses the conviction or
adjudication that is the basis of a permanent exclusion ordered under
this section, the
superintendent
of public instruction
director,
upon receipt of a certified copy of an order reflecting that final
determination from the pupil or that pupil's parent, guardian,
custodian, or attorney, shall revoke the order of permanent
exclusion.
(J) As used in this section:
(1) "Permanently exclude" and "permanent exclusion" have the same meanings as in section 3313.662 of the Revised Code.
(2) "Out-of-home care" and "legal custody" have the same meanings as in section 2151.011 of the Revised Code.
(3) "Certificate of high school equivalence" has the same meaning as in section 4109.06 of the Revised Code.
Sec. 3301.13. (A) The department of education and workforce is hereby created. The department shall be headed by the director of education and workforce, who shall be appointed by the governor with the advice and consent of the senate.
(B) The department consists of the following divisions:
(1) The division of primary and secondary education, which shall be headed by a deputy director appointed by the director with the advice and consent of the senate;
(2) The division of career-technical education, which shall be headed by a deputy director appointed by the director with the advice and consent of the senate.
The director shall appoint an individual with appropriate educational, professional, or managerial experience, as determined by the director, to be the deputy director of primary and secondary education or career-technical education.
(C) All powers and duties regarding primary, secondary, special, and career-technical education granted to the state board, the state superintendent, or the former department of education, as prescribed by law in effect prior to the effective date of this section, except those prescribed for the state board of education as described in section 3301.111 of the Revised Code, are transferred to the director of education and workforce, who may delegate those duties and powers to the division of primary and secondary education or the division of career-technical education as the director determines appropriate.
(D) The department of education and workforce is subject to all provisions of law pertaining to departments, offices, or institutions established for the exercise of any function of the state government and is subject to Chapter 119. of the Revised Code. The headquarters of the department of education and workforce is at the seat of government, where office space suitable and adequate for the work of the department shall be provided by the appropriate state agency.
(E)(1) The director is responsible for administrative rules adopted by the department for the implementation of the powers and duties of the department. The director's rulemaking authority is limited to the director's or department's statutorily prescribed powers and duties.
(2) In accordance with section 106.042 of the Revised Code, the general assembly, by adopting a concurrent resolution, may rescind or invalidate any rule adopted by the director under section 111.15 or Chapter 119. of the Revised Code.
(F) Any policy adopted or guidance issued by the director or the department that is not expressly authorized or required by state or federal statute shall be advisory in nature. Any such policy or guidance is nonbinding on schools and educators and does not have the force and effect of law.
(G) The director shall employ such personnel as the director determines necessary to carry out the duties and powers of the department of education and workforce.
(H) No individual shall hold the office of director of education and workforce, deputy director of primary and secondary education, or deputy director of career-technical education without being appointed with the advice and consent of the senate as described in this section, unless that individual is serving as director or deputy director on an interim basis. No individual shall serve as director or deputy director on an interim basis for more than forty-five days.
(I) The standing committee of the senate that considers primary and secondary education legislation shall hold at least one in-person hearing on the nomination of an individual to serve as director of education and workforce, deputy director of primary and secondary education, or deputy director of career-technical education before the full senate holds a confirmation vote on that nomination.
Sec. 3301.131. The department of education and workforce shall encourage, seek out, and publicize to the general public and the school districts of this state, innovative and exemplary school-parent and school-business partnerships. The board of education of a district involved in such a partnership shall cooperate with the department by providing information about the partnership. As used in this section:
(A) "School-parent partnership" means a program that actively involves parents of students in the decision-making process of the school district or individual schools within the district;
(B) "School-business partnership" means a program in this state in which businesses, labor organizations, associations, foundations, or other persons, assist local schools in preparing children for employment or higher education, and may include programs involving work experience, mentoring, tutoring, incentive grants, or the use of corporate facilities and equipment.
Sec. 3301.132. Not later than ninety days after the effective date of this section, the director of education and workforce shall amend or rescind any administrative rules regarding home education and nonchartered nonpublic schools as necessary to conform with sections 3301.0731 and 3321.042 of the Revised Code as enacted by this act. Thereafter, neither the director nor the department of education and workforce shall prescribe or adopt any additional rules regarding home education or nonchartered nonpublic schools.
Sec. 3301.133. As used in this section, "form" means any report, document, paper, computer software program, or other instrument used in the management information system created by section 3301.0714 of the Revised Code or used to gather required or requested education data under division (I) of section 3301.07 of the Revised Code or any other provision of state or federal statute or rule.
(A)
The organization of the department of education
and
workforce
shall
include an identifiable organizational unit that deals with the
management of any education data that the department gathers,
processes, uses, or reports. The
superintendent
of public instruction
director
of education and workforce shall
assign employees to this unit or employ persons for this unit who are
trained and experienced in data management and the design of forms
and who understand the data needs of the department
of
education.
The
superintendent
director
shall
provide a sufficient number of such employees for the unit to perform
its duties in an effective and timely manner.
(B) The unit established pursuant to division (A) of this section shall:
(1)
Review each new form or modification of any existing form that the
state
board, the superintendent of public instruction, or the
department
of
education
proposes
to put into use
on
or after July 1, 1992.
In conducting the review of any form, the unit shall evaluate it
utilizing at least the criteria specified under division (C) of this
section. The unit shall report in writing to the
superintendent
of public instruction
director
whether
the form satisfies the criteria specified under division (C) of this
section, and if not, the reasons why it does not. Each report shall
include recommendations regarding the simplification, consolidation,
or elimination of the proposed form or any other forms related to the
proposed form that would enable all the criteria specified under
division (C) of this section to be met.
(2) Regularly contact and seek to work with other state and federal agencies that collect and use education data for the purpose of increasing the efficiency and coordination of data collection;
(3)
Perform any other duties assigned by the
superintendent
of public instruction
director.
(C) In conducting the review of any form pursuant to division (B)(1) of this section, the unit established under division (A) of this section shall determine whether the following criteria are satisfied:
(1)
Each data item on the form does not duplicate data already submitted
to the
state
board, superintendent of public instruction, or
department
of
education.
(2)
The form cannot be consolidated with any other form required by the
state
board, superintendent, or
department.
(3) The form is required to be submitted no more often than necessary and no sooner than reasonably necessary prior to the date on which the data reported on the form will be initially used.
(4) The stated purpose of the form cannot be met as part of any other procedure, such as a verification or certification procedure or other reporting procedure.
(5) If the form or any data item on the form is attributed to any requirement of state statute, federal statute or rule, or any court, the form or data item is limited to the data that the statute, rule, or court requires.
(6) If the form or any data item on the form is attributed to the requirements of any research or of any process of auditing school districts for compliance with any requirement, the research is planned or currently taking place or the compliance is currently required.
(7) The form is designed in a way that minimizes the cost of completing it.
(8) The form includes instructions that clearly explain how to complete it, who will use the data reported on it, and whom to contact with questions about completing the form or the use of the data reported on it.
Sec. 3301.134. (A) In each fiscal year the department of education and workforce, in accordance with appropriations made by the general assembly, may issue awards of equal amounts up to fifteen thousand dollars to those fifty public schools that are determined by the department to have implemented in the immediately preceding fiscal year innovative and exemplary parental involvement programs that have enhanced parental involvement in such schools according to criteria established by the department.
(B)
The department
of
education
shall
collect and retain information on the innovative and exemplary
parental involvement programs of all schools that have received
awards under division (A) of this section. In each fiscal year the
department shall publicize to every school district a description of
each of the innovative and exemplary parental involvement programs of
the schools that have received awards in the immediately preceding
fiscal year.
(C) Any school that receives an award under division (A) of this section may expend the money on any lawful purpose.
Sec. 3301.135. The department of education and workforce annually shall compile a list of organizations and companies that offer free and reduced cost epinephrine autoinjectors to qualifying school districts, other public schools, and chartered nonpublic schools. The department shall make this information readily available on their web site and send a copy of the list by mail or electronically to each school district, other public school, and chartered nonpublic school.
As used in this section, "other public school" has the same meaning as in section 3301.0711 of the Revised Code.
Sec. 3301.136. The department of education and workforce shall compile a list of tutoring programs that it considers to be of high quality and have the potential to accelerate learning for students in the areas of English language arts, mathematics, science, and social studies. For this purpose, the department shall request the qualifications of public and private entities that provide tutoring programs for students. The department shall establish a rubric to evaluate the programs and determine a minimum score for a tutoring program to be included on the department's list.
In compiling the list, the department may designate individual tutoring programs as more appropriate for certain grade levels, populations of students, or subject areas.
The department may establish multiple application periods in any school year for entities to submit their qualifications for consideration to be included on the list. However, the department shall post the initial list of tutoring programs on the department's web site not later than October 1, 2022. No school district or school shall be required to use a tutoring program on the list.
Sec. 3301.137. (A) The director of education and workforce, or the director's designee, shall convene a public meeting at least once every other month. Employees of the department of education and workforce shall conduct a presentation at each meeting that addresses any new information the department has about any of its significant new or existing initiatives, policies, or guidelines; any change to state or federal law that affects the department or education stakeholders, as determined by the director, in this state; and any rule the director intends to adopt, amend, or rescind in accordance with Chapter 119. and section 3301.138 of the Revised Code.
Nothing in division (A) of this section precludes the director or the department from using other methods to engage with stakeholders.
(B) At the conclusion of a presentation under this section, the director, or the director's designee, shall provide an opportunity for public discussion on the information provided in the presentation. The director, or the director's designee, may accept public discussion about other topics as the director, or the director's designee, determines appropriate.
(C) The department shall make available via the internet an audio recording of each public meeting under this section. The director shall make the audio recording available not later than five business days after the conclusion of a meeting.
(D) Notwithstanding any provision of the Revised Code to the contrary, any nonemergency rule adopted after the effective date of this section is void unless the rule is included in a presentation conducted in a public meeting under this section prior to initiating rulemaking in accordance with Chapter 119. of the Revised Code.
Sec. 3301.138. (A) As used in this section, "five-year review" means a review of a rule in accordance with sections 106.03 and 119.04 of the Revised Code.
(B) The department of education and workforce shall establish a stakeholder outreach process for use when engaging in rulemaking in accordance with Chapter 119. of the Revised Code. Under the process, the department shall establish a method under which stakeholders may elect to participate. The process also shall require the department to do all of the following:
(1) Before initiating the process to conduct a five-year review or to adopt a new rule or amend or rescind an existing rule, do all of the following:
(a) Notify stakeholders about the department's intent to initiate rulemaking. The department shall include in the notice an explanation of the department's rationale for initiating rulemaking, which shall include either of the following:
(i) For a five-year review, if the department determines a rule does not need to be amended or rescinded, a statement that the rule is not being amended or rescinded;
(ii) If the department is adopting a new rule or amending or rescinding an existing rule, information explaining the rationale for changing the rule including any state or federal law changes that make the new rule or rule change necessary.
(b) Provide a link to a web page on the department's web site that provides an opportunity to review the current rule, if one exists, and submit public comments for a period of time established by the department. As part of the public comment system, the department shall provide individuals who submit comments with the opportunity to also submit information that might aid the department in preparing a business impact analysis, if one is required.
(c) Consider each comment the department receives during the public comment period when drafting the rule. The department is not required to respond to submitted comments.
(2) Prior to submitting a proposed rule to the joint committee on agency rule review, do all of the following:
(a) Post the draft rule and a completed business impact analysis on the department's web site, if one is required;
(b) Notify stakeholders that the rule draft, and the business impact analysis, if one is required, have been posted on the department's web site. The department shall include in the notice a link to a web page on the department's web site that provides an opportunity to review the draft rule, and the business impact analysis, if one is required, and submit public comments for a period of time established by the department.
(c) Consider each comment the department receives during the public comment period. The department may revise the draft based on the submitted comments.
(3) If the department determines further outreach is necessary, hold stakeholder meetings, send questions to stakeholders, or create stakeholder advisory groups.
(C) A notice under division (B) of this section is not a public notice, but rather a courtesy for stakeholders.
(D) Nothing in this section requires the department to send out draft rules to, nor negotiate draft rule language with, stakeholders.
Sec.
3301.14. Each
year the state board of education
The
department of education and workforce shall
require
a
an
annual report
of the president, manager, or principal of each seminary, academy,
parochial, or private school. The report shall be made upon forms
furnished by the
board
department
and
shall contain a statement of such facts as it requests. The
president, manager, or principal shall complete and return such forms
within a time fixed by the
state
board of education
department.
Sec.
3301.15. The
state
board of education
department
of education and workforce or
its authorized representatives may inspect all institutions under the
control of the department of job and family services, the department
of mental health and addiction services, the department of
developmental disabilities, and the department of rehabilitation and
correction which employ teachers, and may make a report on the
teaching, discipline, and school equipment in these institutions to
the director of job and family services, the director of mental
health and addiction services, the director of developmental
disabilities, the director of rehabilitation and correction, and the
governor.
Sec.
3301.16. Pursuant
to standards prescribed by the state
board of education
director
of education and workforce as
provided in division (D) of section 3301.07 of the Revised Code, the
state
board
director
shall
classify and charter school districts and individual schools within
each district except that no charter shall be granted to a nonpublic
school unless the school complies with divisions (K)(1) and (L) of
section 3301.0711, as applicable, and sections 3301.164 and 3313.612
of the Revised Code.
In
the course of considering the charter of a new school district
created under section 3311.26 or 3311.38 of the Revised Code, the
state
board
director
shall
require the party proposing creation of the district to submit to the
board a map, certified by the county auditor of the county in which
the proposed new district is located, showing the boundaries of the
proposed new district. In the case of a proposed new district located
in more than one county, the map shall be certified by the county
auditor of each county in which the proposed district is located.
The
state
board
director
shall
revoke the charter of any school district or school which fails to
meet the standards for elementary and high schools as prescribed by
the
board
director.
The
state
board
director
shall
also revoke the charter of any nonpublic school that does not comply
with divisions (K)(1) and (L) of section 3301.0711, if applicable,
and sections 3301.164 and 3313.612 of the Revised Code.
In
the issuance and revocation of school district or school charters,
the state
board
director
shall
be governed by the provisions of Chapter 119. of the Revised Code.
No
school district, or individual school operated by a school district,
shall operate without a charter issued
by
the state board
under
this section.
In case a school district charter is revoked pursuant to this section, the state board of education may dissolve the school district and transfer its territory to one or more adjacent districts. An equitable division of the funds, property, and indebtedness of the school district shall be made by the state board among the receiving districts. The board of education of a receiving district shall accept such territory pursuant to the order of the state board. Prior to dissolving the school district, the state board shall notify the appropriate educational service center governing board and all adjacent school district boards of education of its intention to do so. Boards so notified may make recommendations to the state board regarding the proposed dissolution and subsequent transfer of territory. Except as provided in section 3301.161 of the Revised Code, the transfer ordered by the state board shall become effective on the date specified by the state board, but the date shall be at least thirty days following the date of issuance of the order.
A
high school is one of higher grade than an elementary school, in
which instruction and training are given in accordance with sections
3301.07 and 3313.60 of the Revised Code and which also offers other
subjects of study more advanced than those taught in the elementary
schools and such other subjects as may be approved by the
state
board of education
director.
An
elementary school is one in which instruction and training are given
in accordance with sections 3301.07 and 3313.60 of the Revised Code
and which offers such other subjects as may be approved by the
state
board of education
director.
In districts wherein a junior high school is maintained, the
elementary schools in that district may be considered to include only
the work of the first six school years inclusive, plus the
kindergarten year.
Sec. 3301.162. (A) If the governing authority of a chartered nonpublic school intends to close the school, the governing authority shall notify all of the following of that intent prior to closing the school:
(1) The department of education and workforce;
(2) The school district that receives auxiliary services funding under division (E) of section 3317.024 of the Revised Code on behalf of the students enrolled in the school;
(3)
The accrediting association that most recently accredited the school
for purposes of chartering the school in accordance with the rules of
the
state
board of education
department,
if applicable;
(4) If the school has been designated as a STEM school equivalent under section 3326.032 of the Revised Code, the STEM committee established under section 3326.02 of the Revised Code.
The notice shall include the school year and, if possible, the actual date the school will close.
(B) The chief administrator of each chartered nonpublic school that closes shall deposit the school's records with either:
(1)
The accrediting association that most recently accredited the school
for purposes of chartering the school in accordance with the rules of
the
state
board
department,
if applicable;
(2) The school district that received auxiliary services funding under division (E) of section 3317.024 of the Revised Code on behalf of the students enrolled in the school.
The school district that receives the records may charge for and receive a one-time reimbursement from auxiliary services funding under division (E) of section 3317.024 of the Revised Code for costs the district incurred to store the records.
Sec.
3301.163. (A)
Beginning
July 1, 2015, any
Any
third-grade
student who attends a chartered nonpublic school with a scholarship
awarded under either the educational choice scholarship pilot
program, prescribed in sections 3310.01 to 3310.17, or the pilot
project scholarship program prescribed in sections 3313.974 to
3313.979 of the Revised Code, shall be subject to the third-grade
reading guarantee retention provisions under division (A)(2) of
section 3313.608 of the Revised Code, including the exemptions
prescribed by that division. For purposes of determining if a child
with a disability is exempt from retention under this section, an
individual services plan created for the child that has been reviewed
by either the student's school district of residence or the school
district in which the chartered nonpublic school is located and that
specifies that the student is not subject to retention shall be
considered in the same manner as an individualized education program
or plan under section 504 of the "Rehabilitation Act of 1973,"
87 Stat. 355, 29 U.S.C. 794, as amended, as prescribed by division
(A)(2) of section 3313.608 of the Revised Code.
As used in this section, "child with a disability" and "school district of residence" have the same meanings as in section 3323.01 of the Revised Code.
(B)(1) Each chartered nonpublic school that enrolls students in any of grades kindergarten through three and that accepts students under the educational choice scholarship pilot program or the pilot project scholarship program shall adopt policies and procedures for the annual assessment of the reading skills of those students. Each school may use the diagnostic assessment to measure reading ability for the appropriate grade level prescribed in division (D) of section 3301.079 of the Revised Code. If the school uses such assessments, the department of education and workforce shall furnish them to the chartered nonpublic school.
(2) For each student identified as having reading skills below grade level, the school shall do both of the following:
(a) Provide to the student's parent or guardian, in writing, all of the following:
(i) Notification that the student has been identified as having a substantial deficiency in reading;
(ii) Notification that if the student attains a score in the range designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, the student shall be retained unless the student is exempt under division (A)(1) of section 3313.608 of the Revised Code.
(b) Provide intensive reading instruction services, as determined appropriate by the school, to each student identified under this section.
(C) Each chartered nonpublic school subject to this section annually shall report to the department the number of students identified as reading at grade level and the number of students identified as reading below grade level.
Sec. 3301.18. The department of education and workforce shall:
(A) Administer grants under section 3301.19 of the Revised Code in support of voluntary desegregation within school districts;
(B) Provide technical assistance to school districts developing voluntary plans for desegregation or plans to reduce or eliminate racial isolation;
(C) Develop desegregation plans as required by court order and provide technical assistance to school districts required to develop plans under court order;
(D) Report to the general assembly annually on expenditures made by the state to reduce or eliminate racial isolation and enumerate anticipated expenses for desegregation resulting from court action or action taken by the federal government.
Sec. 3301.19. The department of education and workforce shall administer a program to support school boards that voluntarily adopt and implement plans of student transfers to desegregate schools within their districts. To be eligible for such support, both of the following must apply:
(A) The district must have a minority enrollment of between twenty-five and seventy-five per cent, according to the most recent racial and ethnic census of the district prepared by the department;
(B) The school board must adopt and submit to the department, not later than the first day of October, a plan for reducing racial isolation through the transfer of not fewer than fifty students in the district. The plan must provide for any or all of the following:
(1) The transfer of minority students from a school with greater than the average minority composition of the district to a school with less than the average minority composition of the district;
(2) The transfer of majority students from a school with less than the average minority composition of the district to a school with more than the average minority composition of the district;
(3) The transfer of minority or majority students to designated schools if the transfers cause the racial composition of the designated schools to more closely approximate the student racial composition of the entire district taken as a whole.
The
department
of
education
shall
pay the school district an amount equal to four hundred dollars per
student transferred, except that if all payments required to be made
under this section during the fiscal year exceed the appropriation
for the purpose, the payment to each school district shall be
proportionately reduced. The school board may spend the amount
received only on activities other than transportation that support
the reduction of racial isolation. In the case of a transfer from a
school that is being permanently closed or that results from a
permanent change in the boundary of a school attendance zone, payment
shall be made only for the initial year the transfer is made. In the
case of any other kind of transfer, payment shall be made for each
fiscal year the transfer occurs.
Sec.
3301.22. The
state
board of education department
of education and workforce shall
develop a model policy to prohibit harassment, intimidation, or
bullying in order to assist school districts in developing their own
policies under section 3313.666 of the Revised Code.
The
board shall issue the model policy within six months after the
effective date of this section.
Sec. 3301.221. (A) As used in this section and section 3313.60 of the Revised Code, "evidence-based" means a program or practice that does either of the following:
(1) Demonstrates a rationale based on high-quality research findings or positive evaluation that such a program or practice is likely to improve relevant outcomes and includes ongoing efforts to examine the effects of the program or practice;
(2) Has a statistically significant effect on relevant outcomes based on:
(a) Strong evidence from at least one well-designed and well-implemented experimental study;
(b) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study; or
(c) Promising evidence from at least one well-designed and well-implemented correlation study with statistical controls for selection bias.
(B)
The department of education
and
workforce,
in consultation with the department of public safety and the
department of mental health and addiction services, shall maintain a
list of approved training programs, to be posted on the department of
education's
education
and workforce's web
site, for instruction in suicide awareness and prevention and
violence prevention as prescribed under division (A)(5)(h) of section
3313.60 and division (D) of section 3319.073 of the Revised Code. The
list of approved training programs shall include at least one option
that is free or of no cost to schools. The approved training programs
shall be evidence-based and include the following:
(1) How to instruct school personnel to identify the signs and symptoms of depression, suicide, and self-harm in students;
(2) How to instruct students to identify the signs and symptoms of depression, suicide, and self-harm in their peers;
(3) How to identify appropriate mental health services within schools and within larger communities, and when and how to refer youth and their families to those services;
(4) How to teach students about mental health and depression, warning signs of suicide, and the importance of and processes for seeking help on behalf of self and peers and reporting of these behaviors;
(5) How to identify observable warning signs and signals of individuals who may be a threat to themselves or others;
(6) The importance of taking threats seriously and seeking help;
(7) How students can report dangerous, violent, threatening, harmful, or potentially harmful activity, including the use of the district's chosen anonymous reporting program.
(C)
The department of education
and
workforce,
in consultation with the department of mental health and addiction
services, shall maintain a list of approved training programs, to be
posted on the department of education's
education
and workforce's web
site, for instruction in social inclusion as prescribed by division
(A)(5)(j) of section 3313.60 of the Revised Code. The list of
approved training programs shall include at least one option that is
free or of no cost to schools. The approved training programs shall
be evidence-based and include the following:
(1) What social isolation is and how to identify it in others;
(2) What social inclusion is and the importance of establishing connections with peers;
(3) When and how to seek help for peers who may be socially isolated;
(4) How to utilize strategies for more social inclusion in classrooms and the school community.
Sec.
3301.23. (A)
Not
later than thirty days after the effective date of this section, the
The
department
of education
and
workforce,
in consultation with the chancellor of higher education, shall
establish a committee to develop a state plan for computer science
education for the purposes of primary and secondary education.
(B) When developing the plan, the committee established under this section shall consider the following:
(1) Best practices and challenges associated with the implementation of primary and secondary computer science curriculum in this state;
(2) Demographic data for students who receive instruction in computer science;
(3) Benchmarks to create a sustainable supply of teachers certified to provide instruction in computer science;
(4) Best practices to form public and private partnerships for funding, mentoring, and internships for teachers providing instruction in computer science;
(5) Requiring all students to complete a computer science course prior to high school graduation;
(6) Establishing a work-based learning pilot program that includes high schools, universities, and local industry and permits the department and the chancellor to develop pathways to align computer science education in the state with the state's workforce needs;
(7) Any other topic determined appropriate by the committee.
(C) The committee established under this section shall consist of all of the following:
(1)
The
superintendent
of public instruction
director
of education and workforce,
or designee;
(2) The chancellor, or designee;
(3)
Representatives of computer science education stakeholders appointed
by the
state
superintendent
director,
in consultation with the chancellor. Computer science education
stakeholders represented on the committee shall include all of the
following:
(a) Career-technical education;
(b) Teachers;
(c) Institutions of higher education;
(d) Businesses;
(e) State and national computer science organizations.
(D) Within the plan, the committee established under this section shall include all of the following:
(1) An examination of the challenges that prevent school districts from offering computer science courses;
(2)
A requirement that the department
of
education
collect
any data regarding computer science courses offered by school
districts and school buildings operated by school districts,
including the names of the courses and whether the courses were
developed using the standards and model curriculum adopted under
division (A)(4) of section 3301.079 of the Revised Code, and post the
collected data on its web site.
(3) A requirement that the committee determine the best ways to compile data on computer science courses, teachers, and undergraduate students studying computer science in universities.
(4) Any findings the committee determines appropriate based on its consideration of the topics described in division (B) of this section.
(E)
The committee shall complete the plan not later than one
year after the effective date of this section September
30, 2022, and
the department shall post the completed plan in a prominent location
on its web site.
Sec. 3301.27. The department of education and workforce shall conduct research on the factors that improve education effectiveness in school districts and for this purpose may require school districts to administer tests in addition to those otherwise required by law, such as the national assessment of education progress. The department shall make the results of any research conducted under this section available to all school districts.
Sec. 3301.28. (A) As used in this section:
(1) "Coordinating service center" means the educational service center of central Ohio or its successor organization.
(2) "Public school" means a school building operated by a school district or other public school, as defined in section 3301.0711 of the Revised Code, or a building operated by an educational service center.
(B)
The superintendent
of public instruction department
of education and workforce shall
establish a program to provide tutoring and remedial education
services in reading and English language arts, mathematics, science,
and social studies to students at public and chartered nonpublic
schools that elect to participate in the program. Tutors shall not be
considered employees of the public or chartered nonpublic school in
which they provide tutoring services. Rather, the tutors shall be
either employed or engaged as a volunteer by the coordinating service
center. The coordinating service center shall be responsible for
compensating each individual it employs as a tutor using funds
transferred from the school at which the individual works as a tutor.
The coordinating service center may coordinate placement of tutors
with the sixteen regional educational service centers, selected under
division (C)(4) of this section, and other service centers as
determined necessary by the coordinating service center.
Individuals
who wish to participate in the program as tutors shall submit an
application to the coordinating service center. Not
later than sixty days after the effective date of this section, the
The
coordinating
service center shall establish application procedures for individuals
who wish to participate in the program as tutors.
To be eligible to participate as a tutor under the program, an individual shall be either of the following:
(1) A retired teacher or substitute teacher, regardless of whether the teacher holds a valid educator license, certificate, or permit issued under Chapter 3319. or section 3301.071 of the Revised Code, provided that the teacher has not had an educator license, certificate, or permit denied, suspended, or revoked by the state board of education under section 3319.31 of the Revised Code or entered into a consent agreement pursuant to division (E) of section 3319.311 of the Revised Code;
(2)
An individual, not described in division (A)(1) of this section, who
is determined to be eligible by the coordinating service center in
accordance with standards established by the
state
superintendent
department.
(C)
The
state
superintendent
department,
with assistance from participating educational service centers, and
in consultation with public and chartered nonpublic schools, shall
administer and implement the program as follows:
(1)
Not
later than sixty days after the effective date of this section, the
state superintendent The
department shall
establish standards for determining the eligibility of tutors under
division (B)(2) of this section.
(2)
Not
later than sixty days after the effective date of this section, the
The
coordinating
service center, in consultation with the
state
superintendent
department,
shall create a training course for tutors described in division (B)
of this section who do not hold valid educator licenses,
certificates, or permits issued under Chapter 3319. or section
3301.071 of the Revised Code. The coordinating service center and
state
superintendent department
may
establish additional training requirements for tutors who provide
tutoring services to students with special needs or students with an
individualized education program, as that term is defined in section
3323.01 of the Revised Code. In addition, the coordinating service
center and state
superintendent department
may
continue to provide training to tutors after their placement in
schools.
(3)
The department of
education shall
serve as the fiscal agent for the program. The department shall
provide for administrative and implementation costs, costs of
developing the training course described in division (C)(2) of this
section, and provide technical assistance at the request of the
coordinating service center.
The department shall not compensate tutors under the program.
The
department
state
board shall
not charge any registration fee to individuals who wish to
participate in the program as tutors.
(4) Educational service centers from each educational regional service system described in section 3312.02 of the Revised Code may select one educational service center to administer the training program for their region in conjunction with the coordinating service center. The educational service center selected for each region may cooperate with individual educational service centers to implement the training program.
(5) Each educational service center may coordinate the placement of tutors at the participating public and chartered nonpublic schools within its service territory.
(6) The coordinating service center shall require an individual employed or engaged as a volunteer as a tutor under this section to apply for and receive a registration from the department.
As
a condition of registration under this section, an individual shall
be subject to a criminal records check as prescribed by section
3319.39 or 3319.391 of the Revised Code, as appropriate. The
individual shall request the criminal records check through the
coordinating service center and shall submit the criminal records
check to the department
of education state
board in
a manner determined by the
department
state
board.
The department
state
board shall
use the information submitted to enroll the individual in the
retained applicant fingerprint database, established under section
109.5721 of the Revised Code, in the same manner as any teacher
licensed under sections 3319.22 to 3319.31 of the Revised Code.
If
the department
state
board receives
notification of the arrest or conviction of an individual registered
under division (C)(6) of this section, the department
state
board shall
promptly notify the coordinating service center and may take any
action authorized under sections 3319.31 and 3319.311 of the Revised
Code that the department considers appropriate. The department
state
board shall
not accept the application of any individual under this section if
the department
state
board learns
that the individual has pleaded guilty to, has been found guilty by a
jury or court of, or has been convicted of any of the offenses listed
in division (C) of section 3319.31 of the Revised Code.
The department shall reimburse the coordinating service center for both of the following:
(a) Any costs incurred by the coordinating service center when assisting with the registration of tutors with the department;
(b) The cost of the criminal records check required under this section.
(7) Participation by public and chartered nonpublic schools is voluntary. Public and chartered nonpublic schools that wish to participate in the tutoring and remedial education program shall notify the coordinating service center of their intention to do so.
Each participating school shall have the ultimate authority over how best to incorporate tutors into the school setting, but such determinations shall be made in cooperation with the educational service center. Program activities may take place before, during, or after school as well as during breaks from school such as weekends, holidays, or summer vacation. Program activities may take place on an online platform or in person, including on school premises, at community-based youth development organizations, or in another public location the school's governing body and educational service center determine to be appropriate.
A
participating school shall provide necessary materials, space, and
equipment for tutors placed in the school. A participating school
shall transfer funds to the coordinating service center to assist the
service center in making payments to tutors placed in the school and
paying the cost of other benefits for the tutors. The
state
superintendent
department,
in consultation with the chancellor of higher education, shall create
a list of benefits which a participant may receive.
Participating schools shall use their own funds to pay costs incurred from participating in the program.
(D) Upon the completion of each of the 2022-2023, 2023-2024, and 2024-2025 school years, the department shall conduct a review of the program's effectiveness in providing tutoring and remedial education to students. Based on each of those reviews, the department shall issue a report of its findings. The report also shall include the number of participating public and chartered nonpublic schools, tutors, and students, as well as whether tutoring in a particular school was provided on an online platform or in-person. The department may request and collect data from public or chartered nonpublic schools and from educational service centers for the report. The department shall, in accordance with section 101.68 of the Revised Code, submit those reports to the general assembly, as follows:
(1) The report for the 2022-2023 school year shall be submitted not later than September 30, 2023.
(2) The report for the 2023-2024 school year shall be submitted not later than September 30, 2024.
(3) The report for the 2024-2025 school year shall be submitted not later than September 30, 2025.
(E) Nothing in this section shall be construed as prohibiting a public or chartered nonpublic school from contracting or partnering with another entity to provide tutoring services to the school's students.
Sec. 3301.30. The department of education and workforce shall:
(A) Actively encourage, assist, and support boards of education in applying for moneys for programs for pre-school children of migrant agricultural laborers under Title I of the "Elementary and Secondary Education Act of 1965," 79 Stat. 27, 20 U.S.C.A. 236, as amended;
(B)
Establish an official relationship with the Texas education agency
and the Florida department of education to cooperate and exchange
information with those states concerning education for children of
migrant
agrcultural
agricultural
laborers,
and coordinate its activities and services for such children with
those states and any other states that provide education for such
children;
(C) Take all necessary steps to compensate for the lack of continuity in instructional curriculum experienced by children of migrant agricultural laborers as a result of their parents' occupation by assuring that:
(1) Coordinated interstate and intrastate programs are provided at all levels, including coordinated programs leading to credit accrual;
(2) Parents are given information about the availability of interstate and intrastate programs.
(D) Take a more active role in encouraging boards of education to offer, in accordance with section 3313.641 of the Revised Code, alternative evening and tutorial programs for children of migrant agricultural laborers and their families during late spring, summer, and early fall.
Sec.
3301.311. (A)
As used in this section,
"preschool:
(1) "Department of education" or "department" means the former department of education as it existed prior to the effective date of this amendment for all actions required under this section prior to that date, and means the department of education and workforce for all actions required under this section on or after to that date.
(2) "Preschool program" has the same meaning as in section 3301.52 of the Revised Code.
(B)
Subject to divisions (C) and (D) of this section,
beginning
in fiscal year 2006, no preschool program, and no early childhood
education program or early learning program as defined by the
department of education shall receive any funds from the state unless
fifty per cent of the staff members employed by that program as
teachers are working toward an associate degree of a type approved by
the department.
(C)(1)
Subject to division (C)(2) of this section,
beginning
in fiscal year 2010, no preschool program, and no early childhood
education program or early learning program as defined by the
department, existing prior to fiscal year 2007, shall receive any
funds from the state unless every staff member employed by that
program as a teacher has attained an associate degree of a type
approved by the department.
(2) Beginning in fiscal year 2011, no preschool program, and no early childhood education program or early learning program as defined by the department, existing prior to fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.
(D)(1)
Subject to division (D)(2) of this section,
beginning
in fiscal year 2012, no preschool program, and no early childhood
education program or early learning program as defined by the
department, established during or after fiscal year 2007, shall
receive any funds from the state unless every staff member employed
by that program as a teacher has attained an associate degree of a
type approved by the department.
(2) Beginning in fiscal year 2013, no preschool program, and no early childhood education program or early learning program as defined by the department, established during or after fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.
Sec. 3301.40. (A) As used in this section, "adult education" has the meaning as established under the "adult education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as amended.
(B)
Beginning
July 1, 1996, the
The
department
of education
and
workforce
may
distribute state funds to organizations that
quality
qualify
for
federal funds under the "Adult Education Act," 102 Stat.
302 (1988), 20 1201 to 1213d, as amended. The funds shall be used by
qualifying organizations to provide adult education services. State
funds distributed pursuant to this section shall be distributed in
accordance with the rules adopted
by
the state board of education pursuant to under
division (C) of this
section.
Each
organization that receives funds under this section shall file
program performance reports with the department.
The reports shall be filed
at
times required by
state
board of education rule
and contain
assessmentsshall
include
the following:
(1)
Assessments of
individual students as they enter, progress through, and exit the
adult education program;
records
(2)
Records regarding
individual student program participation time;
reports
(3)
Reports of
individual student retention rates;
and
any
(4) Any other information required by rule.
(C)
The
state
board of education
department
shall
adopt rules for the distribution of funds under this section. The
rules shall include the following:
(1) Requirements for program performance reports.
(2) Indicators of adult education program quality, including indicators of learner achievement, program environment, program planning, curriculum and instruction, staff development, support services, and recruitment and retention.
(3) A formula for the distribution of funds under this section. The formula shall include as a factor an organization's quantifiable success in meeting the indicators of program quality established pursuant to division (C)(2) of this section.
(4) Standards and procedures for reducing or discontinuing funding to organizations that fail to meet the requirements of this section.
(5) Any other requirements or standards considered appropriate by the board.
Sec. 3301.45. (A) Not later than the thirtieth day of September of each year, the department of education and workforce shall distribute to all public high schools the information provided by the director of job and family services on the online education and career planning tool developed under section 6301.15 of the Revised Code.
(B)
Annually, the department
of
education
shall
survey high school administrators and guidance counselors regarding
their use of the online planning tool and provide the results of the
survey to the director of job and family services to support future
refinements and improvements to the online planning tool.
As used in this section, "public high school" means a school that serves students in any of grades nine through twelve and is operated by a school district or a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, or a college-preparatory boarding school established under Chapter 3328. of the Revised Code.
Sec.
3301.49. Pursuant
to paragraph A of Article III of the educational compact enacted in
section 3301.48 of the Revised Code, there shall be seven members to
the educational commission of the states who shall serve from this
state, one of such members shall be the governor; one member shall be
a member of the senate appointed by the president; one member shall
be a member of the house of representatives appointed by the speaker
of the house of representatives; and four members shall be appointed
by and serve at the pleasure of the governor. Two of the members
appointed by the governor shall be professional educators associated
with either public or private educational systems and may be an
officer of the state, any college or university in the state or any
officer or administrator of any public school district. Two of the
members appointed by the governor shall be laymen
laypersons.
The
state shall pay the actual expenses of members of the Ohio commission
while attending to any business of the commission. The governor shall
appoint a chairman
chairperson
of
the Ohio members of the educational commission of the states and such
membership shall meet on the call of its chairman
chairperson
or
at the request of a majority of its members. In any event, the
membership shall meet not less often than three times annually. The
membership may consider any and all matters relating to
recommendations of the educational commission of the states and the
activities of the members in representing this state thereon.
Pursuant
to paragraph (I) of Article III of the compact the educational
commission of the states shall file a copy of its bylaws and any
amendment thereto with the
superintendent
of public instruction
director
of education and workforce.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the Revised Code:
(A) "Preschool program" means either of the following:
(1) A child care program for preschool children that is operated by a school district board of education or an eligible nonpublic school.
(2) A child care program for preschool children age three or older that is operated by a county board of developmental disabilities or a community school.
(B) "Preschool child" or "child" means a child who has not entered kindergarten and is not of compulsory school age.
(C) "Parent, guardian, or custodian" means the person or government agency that is or will be responsible for a child's school attendance under section 3321.01 of the Revised Code.
(D) "Superintendent" means the superintendent of a school district or the chief administrative officer of a community school or an eligible nonpublic school.
(E) "Director" means the director, head teacher, elementary principal, or site administrator who is the individual on site and responsible for supervision of a preschool program.
(F) "Preschool staff member" means a preschool employee whose primary responsibility is care, teaching, or supervision of preschool children.
(G) "Nonteaching employee" means a preschool program or school child program employee whose primary responsibilities are duties other than care, teaching, and supervision of preschool children or school children.
(H)
"Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(7) of section 5104.02 of the
Revised Code or chartered by the
state
board of education
department
of education and workforce for
any combination of grades one through twelve, regardless of whether
it also offers kindergarten.
(I) "School child program" means a child care program for only school children that is operated by a school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school.
(J) "School child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than fifteen years old.
(K) "School child program staff member" means an employee whose primary responsibility is the care, teaching, or supervision of children in a school child program.
(L) "Child care" means administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child's own home.
(M) "Child day-care center" and "publicly funded child care" have the same meanings as in section 5104.01 of the Revised Code.
(N) "Community school" means either of the following:
(1) A community school established under Chapter 3314. of the Revised Code that is sponsored by an entity that is rated "exemplary" under section 3314.016 of the Revised Code.
(2) A community school established under Chapter 3314. of the Revised Code that has received, on its most recent report card, either of the following:
(a) If the school offers any of grade levels four through twelve, either of the following:
(i) A grade of "C" or better for the overall value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code and for the performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code;
(ii) A performance rating of three stars or higher for achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and progress under division (D)(3)(c) of that section.
(b) If the school does not offer a grade level higher than three, either of the following:
(i) A grade of "C" or better for making progress in improving literacy in grades kindergarten through three under division (C)(1)(g) of section 3302.03 of the Revised Code;
(ii) A performance rating of three stars or higher for early literacy under division (D)(3)(e) of that section.
Sec.
3301.521. Sections
3301.53 to 3301.59 of the Revised Code do not apply to child care
provided exclusively for participants of an adult education program
that receives funds under the department of education's
education
and workforce's state
plan for implementing the "Adult Education Act of 1966," 80
Stat. 1216, 20 U.S.C. 1201, as amended, or an adult education program
operated under section 3313.52, 3313.531, 3313.641, or 3313.644 of
the Revised Code, if the child care is provided on a part-time basis,
is provided on the same premises as and during the hours of operation
of the adult education program, and at least one parent, custodian,
or guardian of each child is on the premises and readily accessible
at all times.
Sec.
3301.53. (A)
The
state
board of education
director
of education and workforce,
in consultation with the director of job and family services, shall
formulate and prescribe by rule adopted under Chapter 119. of the
Revised Code minimum standards to be applied to preschool programs
operated by school district boards of education, county boards of
developmental disabilities, community schools, or eligible nonpublic
schools. The rules shall include the following:
(1) Standards ensuring that the preschool program is located in a safe and convenient facility that accommodates the enrollment of the program, is of the quality to support the growth and development of the children according to the program objectives, and meets the requirements of section 3301.55 of the Revised Code;
(2) Standards ensuring that supervision, discipline, and programs will be administered according to established objectives and procedures;
(3)
Standards ensuring that preschool staff members and nonteaching
employees are recruited, employed, assigned, evaluated, and provided
inservice
in-service
education
without discrimination on the basis of age, color, national origin,
race, or sex; and that preschool staff members and nonteaching
employees are assigned responsibilities in accordance with written
position descriptions commensurate with their training and
experience;
(4) A requirement that boards of education intending to establish a preschool program demonstrate a need for a preschool program prior to establishing the program;
(5)
Requirements that children participating in preschool programs have
been immunized to the extent considered appropriate by the
state
board
director
of education and workforce to
prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children complete the emergency medical authorization form specified in section 3313.712 of the Revised Code.
(B)
The
state
board of education
director
of education and workforce, in
consultation with the director of job and family services,
shall
ensure that the rules adopted
by
the state board under
sections 3301.52 to 3301.58 of the Revised Code are consistent with
and meet or exceed the requirements of Chapter 5104. of the Revised
Code with regard to child day-care centers that serve preschool
children. The
state
board and the director of job and family services
directors
shall
review all such rules at least once every five years.
(C)
The
state
board of education
director
of education and workforce,
in consultation with the director of job and family services, shall
adopt rules for school child programs that are consistent with and
meet or exceed the requirements of the rules adopted for child
day-care centers that serve school-age children under Chapter 5104.
of the Revised Code.
Sec. 3301.54. (A)(1) Each preschool program shall be directed and supervised by a director, a head teacher, an elementary principal, or a site administrator who is on site and responsible for supervision of the program. Except as otherwise provided in division (A)(2) or (3) of this section, this person shall hold a valid educator license designated as appropriate for teaching or being an administrator in a preschool setting issued pursuant to section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college.
(2) If the person was employed prior to July 1, 1988, by a school district board of education or an eligible nonpublic school to direct a preschool program, the person shall be considered to meet the requirements of this section if the person holds a valid kindergarten-primary certificate described under former division (A) of section 3319.22 of the Revised Code as it existed on January 1, 1996.
(3) If the person is employed to direct a preschool program operated by an eligible, nontax-supported, nonpublic school, the person shall be considered to meet the requirements of this section if the person holds a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.
(B)
Each preschool staff member shall be at least eighteen years of age
and have a high school diploma or a certificate of high school
equivalence issued by the department of education
and
workforce
or
a primary-secondary education or higher education agency of another
state, except that a staff member may be less than eighteen years of
age if the staff member is a graduate of a two-year vocational
child-care training program approved by the
state
board of education
department,
or is a student enrolled in the second year of such a program that
leads to high school graduation, provided that the student performs
duties in the preschool program under the continuous supervision of
an experienced preschool staff member and receives periodic
supervision from the vocational child-care training program
teacher-coordinator in the student's high school.
A
preschool staff member shall annually complete fifteen hours of
inservice
in-service
training
in child development or early childhood education, child abuse
recognition and prevention, and first aid, and in the prevention,
recognition, and management of communicable diseases, until a total
of forty-five hours has been completed, unless the staff member holds
an associate or higher degree in child development or early childhood
education from an accredited college, university, or technical
college, or any type of educator license designated as appropriate
for teaching in an associate teaching position in a preschool setting
issued by the state board of education pursuant to section 3319.22 of
the Revised Code.
Sec. 3301.541. (A)(1) The director, head teacher, elementary principal, or site administrator of a preschool program shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the preschool program for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the director, head teacher, or elementary principal shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the director, head teacher, or elementary principal may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) Any director, head teacher, elementary principal, or site administrator required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the preschool program shall not employ that applicant for any position for which a criminal records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the department of education and workforce in accordance with division (E) of this section, no preschool program shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation occurred prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A preschool program may employ an applicant conditionally until the criminal records check required by this section is completed and the preschool program receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the preschool program shall release the applicant from employment.
(C)(1) Each preschool program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the director, head teacher, elementary principal, or site administrator of the preschool program.
(2) A preschool program may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the preschool program pays under division (C)(1) of this section. If a fee is charged under this division, the preschool program shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the applicant will not be considered for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the preschool program requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual in a case dealing with the denial of employment to the applicant.
(E) The department of education and workforce shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying circumstances under which a preschool program may hire a person who has been convicted of an offense listed in division (B)(1) of this section but who meets standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a preschool program as a person responsible for the care, custody, or control of a child, except that "applicant" does not include a person already employed by a board of education, community school, or chartered nonpublic school in a position of care, custody, or control of a child who is under consideration for a different position with such board or school.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution requesting the assistance of the educational service center in which the local district has territory in conducting criminal records checks of substitute teachers under this section, the appointing or hiring officer of such educational service center governing board shall serve for purposes of this section as the appointing or hiring officer of the local board in the case of hiring substitute teachers for employment in the local district.
Sec. 3301.55. (A) A school district, county board of developmental disabilities, community school, or eligible nonpublic school operating a preschool program shall house the program in buildings that meet the following requirements:
(1) The building is operated by the district, county board of developmental disabilities, community school, or eligible nonpublic school and has been approved by the division of industrial compliance in the department of commerce or a certified municipal, township, or county building department for the purpose of operating a program for preschool children. Any such structure shall be constructed, equipped, repaired, altered, and maintained in accordance with applicable provisions of Chapters 3781. and 3791. and with rules adopted by the board of building standards under Chapter 3781. of the Revised Code for the safety and sanitation of structures erected for this purpose.
(2) The building is in compliance with fire and safety laws and regulations as evidenced by reports of annual school fire and safety inspections as conducted by appropriate local authorities.
(3)
The school is in compliance with rules established by the
state
board
department
of
education
and
workforce
regarding
school food services.
(4) The facility includes not less than thirty-five square feet of indoor space for each child in the program. Safe play space, including both indoor and outdoor play space, totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use.
(5) First aid facilities and space for temporary placement or isolation of injured or ill children are provided.
(B)
Each school district, county board of developmental disabilities,
community school, or eligible nonpublic school that operates, or
proposes to operate, a preschool program shall submit to
the department a
building plan including all information specified by the
state
board of education to the board
department
not
later than the first day of September of the school year in which the
program is to be initiated. The
board
department
shall
determine whether the buildings meet the requirements of this section
and section 3301.53 of the Revised Code,
and notify the superintendent of its determination.
If the
board
department
determines,
on the basis of the building plan or any other information, that the
buildings do not meet those requirements, it shall cause
inspect
the
buildings
to
be inspected by the department of education.
The department shall make
submit
a
report to the
superintendent
director
of education and workforce specifying
any aspects of the building that are not in compliance with the
requirements of this section and section 3301.53 of the Revised Code
and the time period that will be allowed the district, county board
of developmental disabilities, or school to meet the requirements.
Sec. 3301.56. (A) The director, head teacher, elementary principal, or site administrator who is on site and responsible for supervision of each preschool program shall be responsible for the following:
(1) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school and community health resources for children, as evidenced by but not limited to:
(a)
Requiring immunization and compliance with emergency medical
authorization requirements in accordance with rules adopted by the
state
board
department
of
education and
workforce under
section 3301.53 of the Revised Code;
(b) Providing procedures for emergency situations, including fire drills, rapid dismissals, tornado drills, and school safety drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals;
(c) Posting emergency procedures in preschool rooms and making them available to school personnel, children, and parents;
(d) Posting emergency numbers by each telephone;
(e) Supervising grounds, play areas, and other facilities when scheduled for use by children;
(f) Providing first-aid facilities and materials.
(2) Maintaining cumulative records for each child;
(3) Supervising each child's admission, placement, and withdrawal according to established procedures;
(4) Preparing at least once annually for each group of children in the program a roster of names and telephone numbers of parents, guardians, and custodians of children in the group and, on request, furnishing the roster for each group to the parents, guardians, and custodians of children in that group. The director may prepare a similar roster of all children in the program and, on request, make it available to the parents, guardians, and custodians, of children in the program. The director shall not include in either roster the name or telephone number of any parent, guardian, or custodian who requests that the parent's, guardian's, or custodian's name or number not be included, and shall not furnish any roster to any person other than a parent, guardian, or custodian of a child in the program.
(5) Ensuring that clerical and custodial services are provided for the program;
(6) Supervising the instructional program and the daily operation of the program;
(7) Supervising and evaluating preschool staff members according to a planned sequence of observations and evaluation conferences, and supervising nonteaching employees.
(B)(1) In each program the maximum number of children per preschool staff member and the maximum group size by age category of children shall be as follows:
|
|
1 |
2 |
3 |
|
A |
Age Group |
Maximum Group Size |
Staff Member/ Child Ratio |
|
B |
Birth to less than 12 months |
12 |
1:5, or 2:12 if two preschool staff members are in the room |
|
C |
12 months to less than 18 months |
12 |
1:6 |
|
D |
18 months to less than 30 months |
14 |
1:7 |
|
E |
30 months to less than 3 years |
16 |
1:8 |
|
F |
3-year-olds |
24 |
1:12 |
|
G |
4- and 5-year-olds not in school |
28 |
1:14 |
(2) When age groups are combined, the maximum number of children per preschool staff member shall be determined by the age of the youngest child in the group, except that when no more than one child thirty months of age or older receives child care in a group in which all the other children are in the next older age group, the maximum number of children per child-care staff member and maximum group size requirements of the older age group established under division (B)(1) of this section shall apply.
(3) In a room where children are napping, if all the children are at least eighteen months of age, the maximum number of children per preschool staff member shall, for a period not to exceed one and one-half hours in any twenty-four hour day, be twice the maximum number of children per preschool staff member established under division (B)(1) of this section if all the following criteria are met:
(a) At least one preschool staff member is present in the room;
(b) Sufficient preschool staff members are present on the preschool program premises to comply with division (B)(1) of this section;
(c) Naptime preparations have been completed and the children are resting or napping.
(4) Any accredited program that uses the Montessori method endorsed by the American Montessori society or the association Montessori internationale as its primary method of instruction and is licensed as a preschool program under section 3301.58 of the Revised Code may combine preschool children of ages three to five years old with children enrolled in kindergarten. Notwithstanding anything to the contrary in division (B)(2) of this section, when such age groups are combined, the maximum number of children per preschool staff member shall be twelve and the maximum group size shall be twenty-four children.
(C) In each building in which a preschool program is operated there shall be on the premises, and readily available at all times, at least one employee who has completed a course in first aid and in the prevention, recognition, and management of communicable diseases which is approved by the state department of health, and an employee who has completed a course in child abuse recognition and prevention.
(D) Any parent, guardian, or custodian of a child enrolled in a preschool program shall be permitted unlimited access to the school during its hours of operation to contact the parent's, guardian's, or custodian's child, evaluate the care provided by the program, or evaluate the premises, or for other purposes approved by the director. Upon entering the premises, the parent, guardian, or custodian shall report to the school office.
Sec.
3301.57. (A)
For the purpose of improving programs, facilities, and implementation
of the standards promulgated
by
the state board of education
under
section 3301.53 of the Revised Code, the
state
department
of education
and
workforce
shall
provide consultation and technical assistance to school districts,
county boards of developmental disabilities, community schools, and
eligible nonpublic schools operating preschool programs or school
child programs, and
inservice
in-service
training
to preschool staff members, school child program staff members, and
nonteaching employees.
(B) The department and the school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school shall jointly monitor each preschool program and each school child program.
If the program receives any grant or other funding from the state or federal government, the department annually shall monitor all reports on attendance, financial support, and expenditures according to provisions for use of the funds.
(C)
The department
of
education,
at least once during every twelve-month period of operation of a
preschool program or a licensed school child program, shall inspect
the program and provide a written inspection report to the
superintendent of the school district, county board of developmental
disabilities, community school, or eligible nonpublic school. The
department may inspect any program more than once, as considered
necessary by the department, during any twelve-month period of
operation. All inspections may be unannounced. No person shall
interfere with any inspection conducted pursuant to this division or
to the rules adopted pursuant to sections 3301.52 to 3301.59 of the
Revised Code.
Upon receipt of any complaint that a preschool program or a licensed school child program is out of compliance with the requirements in sections 3301.52 to 3301.59 of the Revised Code or the rules adopted under those sections, the department shall investigate and may inspect the program.
(D)
If a preschool program or a licensed school child program is
determined to be out of compliance with the requirements of sections
3301.52 to 3301.59 of the Revised Code or the rules adopted under
those sections, the department
of
education
shall
notify the appropriate superintendent, county board of developmental
disabilities, community school, or eligible nonpublic school in
writing regarding the nature of the violation, what must be done to
correct the violation, and by what date the correction must be made.
If the correction is not made by the date established by the
department, it may commence action under Chapter 119. of the Revised
Code to close the program or to revoke the license of the program. If
a program does not comply with an order to cease operation issued in
accordance with Chapter 119. of the Revised Code, the department
shall notify the attorney general, the prosecuting attorney of the
county in which the program is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal corporation
in which the program is located that the program is operating in
violation of sections 3301.52 to 3301.59 of the Revised Code or the
rules adopted under those sections and in violation of an order to
cease operation issued in accordance with Chapter 119. of the Revised
Code. Upon receipt of the notification, the attorney general,
prosecuting attorney, city attorney, village solicitor, or other
chief legal officer shall file a complaint in the court of common
pleas of the county in which the program is located requesting the
court to issue an order enjoining the program from operating. The
court shall grant the requested injunctive relief upon a showing that
the program named in the complaint is operating in violation of
sections 3301.52 to 3301.59 of the Revised Code or the rules adopted
under those sections and in violation of an order to cease operation
issued in accordance with Chapter 119. of the Revised Code.
(E)
The department
of
education
shall
prepare an annual report on inspections conducted under this section.
The report shall include the number of inspections conducted, the
number and types of violations found, and the steps taken to address
the violations. The department shall file the report with the
governor, the president and minority leader of the senate, and the
speaker and minority leader of the house of representatives on or
before the first day of January of each year,
beginning in 1999.
Sec. 3301.58. (A) The department of education and workforce is responsible for the licensing of preschool programs and school child programs and for the enforcement of sections 3301.52 to 3301.59 of the Revised Code and of any rules adopted under those sections. No school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school shall operate, establish, manage, conduct, or maintain a preschool program without a license issued under this section. A school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school may obtain a license under this section for a school child program. The school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school shall post the license for each preschool program and licensed school child program it operates, establishes, manages, conducts, or maintains in a conspicuous place in the preschool program or licensed school child program that is accessible to parents, custodians, or guardians and employees and staff members of the program at all times when the program is in operation.
(B)
Any school district board of education, county board of developmental
disabilities, community school, or eligible nonpublic school that
desires to operate, establish, manage, conduct, or maintain a
preschool program shall apply to the department
of
education
for
a license on a form that the department shall prescribe by rule. Any
school district board of education, county board of developmental
disabilities, community school, or eligible nonpublic school that
desires to obtain a license for a school child program shall apply to
the department for a license on a form that the department shall
prescribe by rule. The department shall provide at no charge to each
applicant for a license under this section a copy of the requirements
under sections 3301.52 to 3301.59 of the Revised Code and any rules
adopted under those sections. The department may establish
application fees by rule adopted under Chapter 119. of the Revised
Code, and all applicants for a license shall pay any fee established
by the department at the time of making an application for a license.
All fees collected pursuant to this section shall be paid into the
state treasury to the credit of the general revenue fund.
(C)
Upon the filing of an application for a license, the department
of
education
shall
investigate and inspect the preschool program or school child program
to determine the license capacity for each age category of children
of the program and to determine whether the program complies with
sections 3301.52 to 3301.59 of the Revised Code and any rules adopted
under those sections. When, after investigation and inspection, the
department
of
education
is
satisfied that sections 3301.52 to 3301.59 of the Revised Code and
any rules adopted under those sections are complied with by the
applicant, the department
of
education
shall
issue the program a provisional license as soon as practicable in the
form and manner prescribed by the rules of the department. The
provisional license shall be valid for one year from the date of
issuance unless revoked.
(D)
The department
of
education
shall
investigate and inspect a preschool program or school child program
that has been issued a provisional license at least once during
operation under the provisional license. If, after the investigation
and inspection, the department
of
education
determines
that the requirements of sections 3301.52 to 3301.59 of the Revised
Code and any rules adopted under those sections are met by the
provisional licensee, the department
of
education
shall
issue the program a license. The license shall remain valid unless
revoked or the program ceases operations.
(E)
The department
of
education
annually
shall investigate and inspect each preschool program or school child
program licensed under division (D) of this section to determine if
the requirements of sections 3301.52 to 3301.59 of the Revised Code
and any rules adopted under those sections are met by the program,
and shall notify the program of the results.
(F) The license or provisional license shall state the name of the school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school that operates the preschool program or school child program and the license capacity of the program.
(G)
The department
of
education
may
revoke the license of any preschool program or school child program
that is not in compliance with the requirements of sections 3301.52
to 3301.59 of the Revised Code and any rules adopted under those
sections.
(H)
If the department
of
education
revokes
a license, the department shall not issue a license to the program
within two years from the date of the revocation. All actions of the
department with respect to licensing preschool programs and school
child programs shall be in accordance with Chapter 119. of the
Revised Code.
Sec.
3301.59. (A)
No
school child program may receive any state or federal funds
specifically allocated for school child programs unless the school
child program is licensed by the department of education
and
workforce
pursuant
to sections 3301.52 to 3301.59 of the Revised Code or by the
department of job and family services pursuant to Chapter 5104. of
the Revised Code.
(B)
If an eligible nonpublic school is operating, managing, conducting,
or maintaining a preschool program or school child program on July
22, 1991, and if the eligible nonpublic school previously obtained a
license for the program from the department of job and family
services pursuant to Chapter 5104. of the Revised Code, the eligible
nonpublic school shall do one of the following:
(1)
On or before the expiration date of the license, apply pursuant to
Chapter 5104. of the Revised Code to the department of job and family
services for a renewal of the license;
(2)
On or before the expiration date of the license, apply pursuant to
sections 3301.52 to 3301.59 of the Revised Code to the department of
education for a license for the program;
(3)
If the program is a preschool program, cease to operate, manage,
conduct, or maintain the program;
(4)
If the program is a school child program, not accept any state or
federal funds specifically allocated for school child programs and
not accept any state or federal funds for publicly funded child care
pursuant to Chapter 5104. of the Revised Code.
(C)
If an eligible nonpublic school is operating, managing, conducting,
or maintaining a preschool program or school child program on July
22, 1991, and if the eligible nonpublic school previously has not
obtained a license for the program from the department of job and
family services pursuant to Chapter 5104. of the Revised Code, the
eligible nonpublic school shall do one of the following:
(1)
On July 22, 1991, apply pursuant to Chapter 5104. of the Revised Code
to the department of job and family services for a license for the
program;
(2)
On July 22, 1991, apply pursuant to sections 3301.52 to 3301.59 of
the Revised Code to the department of education for a license for the
program;
(3)
If the program is a preschool program, cease to operate, manage,
conduct, or maintain the program;
(4)
If the program is a school child program, not accept any state or
federal funds specifically allocated for school child programs and
not accept any state or federal funds for publicly funded child care
pursuant to Chapter 5104. of the Revised Code.
(D)(1)
If an eligible nonpublic school that operates, manages, conducts, or
maintains a preschool program or a school child program elects
pursuant to division (B)(1) of this section to renew a license for
the program that was issued by the department of job and family
services or elects pursuant to division (C)(1) of this section to
apply to the department of job and family services for a license for
the program, that preschool program or school child program is
subject to Chapter 5104. of the Revised Code and to licensure under
that chapter until the eligible nonpublic school ceases to operate,
manage, conduct, or maintain the program.
(2)
If an eligible nonpublic school that operates, manages, conducts, or
maintains a preschool program or a school child program elects
pursuant to division (B)(2) or (C)(2) of this section to apply to the
department of education for a license for the program, that preschool
program or school child program is subject to sections 3301.52 to
3301.59 of the Revised Code and to licensure under those sections
until the eligible nonpublic school ceases to operate, manage,
conduct, or maintain the program.
(E)
Not later than July 22, 1992, the departments of job and family
services and education shall each prepare a list of the preschool
programs and school child programs that are licensed by the
respective departments.
Sec. 3301.61. (A) The state council on educational opportunity for military children is hereby established within the department of education and workforce. The council shall consist of the following members:
(1)
The superintendent
of public instruction director
of education and workforce or
the superintendent's
director's
designee;
(2) The director of veterans services or the director's designee;
(3) The superintendent of a school district that has a high concentration of children of military families, appointed by the governor;
(4) A representative of a military installation located in this state, appointed by the governor;
(5) A representative of the governor's office, appointed by the governor;
(6) Four members of the general assembly, appointed as follows:
(a) One member of the house of representatives appointed by the speaker of the house of representatives;
(b) One member of the house of representatives appointed by the minority leader of the house of representatives;
(c) One member of the senate appointed by the president of the senate;
(d) One member of the senate appointed by the minority leader of the senate.
(7) The compact commissioner appointed under section 3301.62 of the Revised Code;
(8) The military family education liaison appointed under section 3301.63 of the Revised Code;
(9) Other members appointed in the manner prescribed by and seated at the discretion of the voting members of the council.
The members of the council shall serve at the pleasure of their appointing authorities. Vacancies shall be filled in the manner of the initial appointments.
The members appointed under divisions (A)(6) to (9) of this section shall be nonvoting members of the council.
The members of the council shall serve without compensation.
(B) The council shall oversee and provide coordination for the state's participation in and compliance with the interstate compact on educational opportunity for military children, as ratified by section 3301.60 of the Revised Code.
(C) The department of education and workforce shall provide staff support for the council.
(D) Sections 101.82 to 101.87 of the Revised Code do not apply to the council.
(E) As used in this section, "children of military families" and "military installation" have the same meanings as in Article II of the interstate compact on educational opportunity for military children.
Sec. 3301.62. The governor shall appoint a compact commissioner who shall be responsible for administering the state's participation in the interstate compact on educational opportunity for military children, as ratified by section 3301.60 of the Revised Code. The compact commissioner shall be a state officer within the department of education and workforce and shall serve at the pleasure of the governor.
Sec. 3301.63. The state council on educational opportunity for military children, established under section 3301.61 of the Revised Code, shall appoint a military family education liaison to assist families and the state in implementing the interstate compact on educational opportunity for military children, as ratified by section 3301.60 of the Revised Code. The department of education and workforce shall provide staff support for the military family education liaison.
Sec. 3301.64. The annual assessment charged to the state for participating in the interstate compact on educational opportunity for military children shall be divided equally between the department of education and workforce and the department of veterans services.
Sec. 3301.68. (A) The department of education and workforce shall establish a consolidated school mandate report for school districts. The report shall be distributed and monitored by the department. Each district or school shall complete and file the report not later than the thirtieth day of November each year. The report shall require each district or school to denote "yes" to indicate compliance or "no" to indicate noncompliance with the items prescribed under division (B) of this section, and to provide any other information that the department requests regarding those items. If a district or school denotes "no" on any item, it shall provide, within thirty days, to its board of education a written explanation for why that item was not completed and a written plan of action for accurately and efficiently addressing the problem.
(B) The report shall contain the following items:
(1) Training on the use of physical restraint or seclusion on students pursuant to section 3319.46 of the Revised Code;
(2) Training on harassment, intimidation, or bullying pursuant to sections 3313.666, 3313.667, and 3319.073 of the Revised Code;
(3) Training on the use of cardiopulmonary resuscitation and an automated external defibrillator under sections 3313.60, 3313.6023, 3313.717, and 3314.16 of the Revised Code;
(4) The reporting of a district's or school's compliance with nutritional standards prescribed under section 3313.814 of the Revised Code;
(5) Screening of pupils for hearing, vision, speech and communications, and health or medical problems and for any developmental disorders pursuant to section 3313.673 of the Revised Code;
(6) Compliance with intradistrict and interdistrict open enrollment provisions in sections 3313.97 and 3313.98 of the Revised Code.
(C) Except as provided in division (D) of section 3313.814 of the Revised Code, the department shall not require a separate report for any of the items listed in division (B) of this section.
Sec.
3301.70. (A)
The state
board department
of
education and
workforce is
the designated state agency responsible for the coordination and
administration of sections 110 to 118 of the "National and
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.
12401 to 12431, as amended. With the assistance of the Ohio
commission on service and volunteerism created in section 121.40 of
the Revised Code, the state
board department
shall
coordinate with other state agencies to apply for funding under the
act when appropriate.
(B)
With the assistance of the Ohio commission on service and
volunteerism, the state
board of education department
shall
develop a plan to assist school districts in the implementation of
section 3313.605 of the Revised Code and other community service
activities of school districts. The state
board department
shall
encourage the development of school district programs meeting the
requirements for funding under the National and Community Service Act
of 1990. The plan shall include the investigation of funding from all
available sources for school community service education programs,
including funds available under the National and Community Service
Act of 1990, and the provision of technical assistance to school
districts for the implementation of community service education
programs. The plan shall also provide for technical assistance to be
given to school boards to assist in obtaining funds for community
service education programs from any source.
(C)
With the assistance of the Ohio commission on service and
volunteerism, the state
board of education department
shall
do all of the following:
(1) Disseminate information about school district community service education programs to other school districts and to statewide organizations involved with or promoting volunteerism;
(2) Recruit additional school districts to develop community service education programs;
(3) Identify or develop model community service programs, teacher training courses, and community service curricula and teaching materials for possible use by school districts in their programs.
Sec.
3301.80. (A)
The department of education
and
workforce
shall
award a certificate of high school equivalence to each person who
achieves the equivalent of a high school education, as measured by
scores obtained on a high school equivalency test approved by the
department pursuant to division (B) of this section. Each certificate
awarded under this section shall be signed by the
superintendent
of public instruction and the president of the state board
director
of
education
and
workforce.
Notwithstanding anything to the contrary in the Revised Code, a person who seeks to obtain a certificate of high school equivalence shall be subject to the requirements of section 3301.81 of the Revised Code.
(B) The department shall approve at least two nationally recognized high school equivalency tests for the purpose of awarding certificates of high school equivalence under this section. For each test approved pursuant to division (B) of this section, the department shall ensure that the scores required for passage are equivalent to the scores required for passage on the other approved equivalency tests.
(C) All of the following shall be considered the equivalent of a certificate of high school equivalence awarded by the department under this section:
(1)
A high school equivalence diploma or a certificate of high school
equivalence awarded by the state board of education prior to
the
effective date of this section
September
14, 2016;
(2) A certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development;
(3) A statement issued by a primary-secondary education or higher education agency of another state that indicates that its holder has achieved the equivalent of a high school education as measured by scores obtained on a similar nationally recognized high school equivalency test.
(D)
The
state
board
department,
in consultation with the chancellor of higher education, shall adopt
rules to administer this section and section 3301.81 of the Revised
Code.
Sec. 3301.81. (A) A person who meets all of the following criteria shall be permitted to take a high school equivalency test approved by the department of education and workforce pursuant to division (B) of section 3301.80 of the Revised Code:
(1) The person is at least eighteen years of age.
(2) The person is officially withdrawn from school.
(3) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code.
(B) A person who is at least sixteen years of age but less than eighteen years of age may apply to the department to take an approved equivalency test, so long as the person meets all of the following criteria:
(1) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code.
(2) The person is officially withdrawn from school.
(3) The person submits, along with the application, written approval from the person's parent or guardian or a court official.
(C) For the purpose of calculating graduation rates for the school district and building report cards under section 3302.03 of the Revised Code, the department shall count any person who officially withdraws from school to take an approved equivalency test under this section as a dropout from the district or school in which the person was last enrolled.
(D) If a person takes an approved equivalency test and fails to attain the scores required to earn a certificate of high school equivalence, as defined in section 5107.40 of the Revised Code, on the entire battery of tests, that person shall be required to retake only the specific test on which the person did not attain a passing score in order to earn a certificate of high school equivalence. If a person retakes a specific test, that person shall be responsible only for the cost of that test and not for the cost of the entire battery of tests, unless that person is retaking the entire battery.
Sec. 3301.923. The department of education and workforce shall establish a clearinghouse of best practices that schools may use to promote student health. The department shall update the clearinghouse as necessary.
Sec.
3301.94. Upon
approval of the state board of education, the superintendent of
public instruction and the chancellor of the Ohio board of regents
The
department of education and workforce and the chancellor of higher
education may
enter into a memorandum of understanding under which the department
of
education,
on behalf of the chancellor, will receive and maintain copies of data
records containing student information reported to the chancellor for
the purpose of combining those records with the data reported to the
education management information system,
established
under section 3301.0714 of the Revised Code,
to
establish an education data repository that may be used to conduct
longitudinal research and evaluation. The memorandum of understanding
shall specify the following:
(A)
That, prior to establishing the repository, the superintendent
department
and
chancellor shall develop a strategic plan for the repository that
outlines the goals to be achieved from its implementation and use. A
copy of the strategic plan shall be provided to the governor, the
president of the senate, and the speaker of the house of
representatives.;
(B) That the chancellor shall submit all student data to be included in the repository to the independent contractor engaged by the department to create and maintain the student data verification codes required by division (D)(2) of section 3301.0714 of the Revised Code. For each student included in the data submitted by the chancellor, the independent contractor shall determine whether a data verification code has been assigned to that student. In the case of a student to whom a data verification code has been assigned, the independent contractor shall add the code to the student's data record and remove from the data record any information that would enable the data verification code to be matched to personally identifiable student data. In the case of a student to whom a data verification code has not been assigned, the independent contractor shall assign a data verification code to the student, add the data verification code to the student's data record, and remove from the data record any information that would enable the data verification code to be matched to personally identifiable student data. After making the modifications described in this division, the independent contractor shall transmit the data to the department and the chancellor.
(C)
That the superintendent
department
and
the chancellor jointly shall develop procedures for the maintenance
of the data in the repository and shall designate the types of
research that may be conducted using that data. Permitted uses of the
data shall include, but are not limited to, the following:
(1)
Assisting the department,
superintendent, or state board
in
performing audit and evaluation functions concerning preschool,
elementary, and secondary education as required or authorized by any
provision of law, including division (C) of section 3301.07 and
sections 3301.12, 3301.16, 3301.53, 3301.57, 3301.58, and 3302.03 of
the Revised Code;
(2) Assisting the department and the chancellor in performing audit and evaluation functions concerning higher education as required or authorized by any provision of law, including sections 3333.04, 3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161, 3333.374, 3333.72, and 3333.82 of the Revised Code.
(D)
That the superintendent
department
and
the chancellor, from time to time, jointly may enter into written
agreements with entities for the use of data in the repository to
conduct research and analysis designed to evaluate the effectiveness
of programs or services, to measure progress against specific
strategic planning goals, or for any other purpose permitted by law
that the superintendent
department
and
chancellor consider necessary for the performance of their duties
under the Revised Code. The agreements may permit the disclosure of
personally identifiable student information to the entity named in
the agreement, provided that disclosure complies with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and regulations promulgated under that act
prescribing requirements for such agreements.
The
superintendent shall notify the state board of each agreement entered
into under this division.
(E) That the data in the repository submitted by the department shall remain under the direct control of the department and that the data in the repository submitted by the chancellor shall remain under the direct control of the chancellor;
(F) That the data in the repository shall be managed in a manner that complies with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;
(G) That all costs related to the initial establishment and ongoing maintenance of the repository shall be paid from funds received from state incentive grants awarded under division (A), Title XIV, section 14006 of the American Recovery and Reinvestment Act of 2009, other federal grant programs, or existing appropriations of the department or chancellor that are designated for a purpose consistent with this section;
(H)
That the department annually shall report to
the
state board and
the
chancellor all requests for access to or use of the data in the
repository and all costs related to the initial establishment and
ongoing maintenance of the repository.
Sec. 3301.941. As used in this section, "early childhood program" means any publicly funded program providing services to children younger than compulsory school age, as defined in section 3321.01 of the Revised Code.
Student level data records collected and maintained for purposes of administering early childhood programs shall be assigned a unique student data verification code in accordance with division (D)(2) of section 3301.0714 of the Revised Code and shall be included in the combined data repository authorized by section 3301.94 of the Revised Code. The department of education and workforce may require certain personally identifiable student data, including student names, to be reported to the department for purposes of administering early childhood programs but not be included in the combined data repository. The department and each school or center providing services through an early childhood program that receives a student level data record, a data verification code, or other personally identifiable information shall not release that record, code, or other information to any person except as provided by section 3319.321 of the Revised Code or the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g. Any document relative to an early childhood program that the department holds in its files that contains a student's name, data verification code, or other personally identifiable information shall not be a public record under section 149.43 of the Revised Code.
Any state agency that administers an early childhood program may use student data contained in the combined data repository to conduct research and analysis designed to evaluate the effectiveness of and investments in that program, in compliance with the Family Educational Rights and Privacy Act and regulations promulgated under that act.
Sec. 3301.948. Notwithstanding anything in the Revised Code to the contrary, the department of education and workforce, any school district, any school, or any third party under contract with the state, a school district, or a school shall not provide student names and addresses to any multi-state consortium that offers summative assessments.
Sec. 3302.01. As used in this chapter:
(A) "Performance index score" means the average of the totals derived from calculations, for each subject area, of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the state achievement assessments, as follows:
(1) For the assessments prescribed by division (A)(1) of section 3301.0710 of the Revised Code, the average for each of the subject areas of English language arts, mathematics, and science.
(2) For the assessments prescribed by division (B)(1) of section 3301.0710 and division (B)(2) of section 3301.0712 of the Revised Code, the average for each of the subject areas of English language arts, mathematics, science, American history, and American government. The average also shall include any substitute examinations approved under division (B)(4) of section 3301.0712 of the Revised Code in the subject areas of science, American history, and American government.
The
department of education
and
workforce
shall
assign weights such that students who do not take an assessment
receive a weight of zero and students who take an assessment receive
progressively larger weights dependent upon the level of skill
attained on the assessment. The department shall assign additional
weights to students who have been permitted to pass over a subject in
accordance with a student acceleration policy adopted under section
3324.10 of the Revised Code. If such a student attains the proficient
score prescribed under division (A)(2)(c) of section 3301.0710 of the
Revised Code or higher on an assessment, the department shall assign
the student the weight prescribed for the next higher scoring level.
If such a student attains the advanced score, prescribed under
division (A)(2)(a) of section 3301.0710 of the Revised Code, on an
assessment, the department shall assign to the student an additional
proportional weight,
as approved by the state board.
For each school year that such a student's score is included in the
performance index score and the student attains the proficient score
on an assessment, that additional weight shall be assigned to the
student on a subject-by-subject basis.
Students shall be included in the "performance index score" in accordance with division (L)(2) of section 3302.03 of the Revised Code.
(B) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) English learners;
(5) Students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code. For students who are gifted in specific academic ability fields, the department shall use data for those students with specific academic ability in math and reading. If any other academic field is assessed, the department shall also include data for students with specific academic ability in that field.
(C) "No Child Left Behind Act of 2001" includes the statutes codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or both thereto, rules and regulations promulgated pursuant to those statutes, guidance documents, and any other policy directives regarding implementation of that act issued by the United States department of education.
(D) "Adequate yearly progress" means a measure of annual academic performance as calculated in accordance with the "No Child Left Behind Act of 2001."
(E) "Supplemental educational services" means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001."
(F) "Value-added progress dimension" means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement assessments prescribed by section 3301.0710 of the Revised Code. The "value-added progress dimension" shall be developed and implemented in accordance with section 3302.021 of the Revised Code.
(G)(1) "Four-year adjusted cohort graduation rate" means the number of students who graduate in four years or less with a regular high school diploma divided by the number of students who form the adjusted cohort for the graduating class.
(2) "Five-year adjusted cohort graduation rate" means the number of students who graduate in five years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate.
(H) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(I) "Annual measurable objectives" means a measure of student progress determined in accordance with an agreement between the department of education and workforce and the United States department of education.
(J) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(K) "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(L) "Entitled to attend school in the district" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
Sec.
3302.02. (A)
Not later than one year after the adoption of rules under division
(D) of section 3301.0712 of the Revised Code and at least every sixth
year thereafter, upon
recommendations of the superintendent of public instruction, the
state
board department
of
education and
workforce shall
establish all of the following:
(1)
A set of performance indicators that considered as a unit will be
used as one of the performance categories for the report cards
required by section 3302.03 of the Revised Code. In establishing
these indicators, the superintendent
department
shall
consider inclusion of student performance on assessments prescribed
under section 3301.0710 or 3301.0712 of the Revised Code, rates of
student improvement on such assessments, the breadth of coursework
available within the district, and other indicators of student
success.
Beginning with the report card issued under section 3302.03 of the Revised Code for the 2021-2022 school year, the performance indicators prescribed under division (A)(1) of this section regarding student performance on state assessments shall not require a school district or building to attain a proficiency percentage to meet an indicator. Rather, the performance indicators only shall report proficiency percentages, trends, and comparisons.
(2)
A performance indicator that reflects the level of identification and
services provided to, and the performance of, students identified as
gifted under Chapter 3324. of the Revised Code. The indicator shall
be prescribed by rules adopted under Chapter 119. of the Revised Code
by the
state
board
department.
The state
board department
shall
consult with the gifted advisory council regarding all rules adopted
under this section. Consultation with the state gifted advisory
council shall occur not less than every three years.
The gifted performance indicator shall include:
(a) The performance of students on state assessments, as measured by a performance index score, disaggregated for students identified as gifted;
(b) Value-added growth measure under section 3302.021 of the Revised Code, disaggregated for students identified as gifted;
(c) The level of identification as measured by the percentage of students in each grade level identified as gifted and disaggregated by traditionally underrepresented and economically disadvantaged students;
(d) The level of services provided to students as measured by the percentage of students provided services in each grade level and disaggregated by traditionally underrepresented and economically disadvantaged students.
(3)
A performance indicator that measures chronic absenteeism, as
determined by the department
of
education,
in a school district or school building.
Beginning with the report card issued under section 3302.03 of the Revised Code for the 2021-2022 school year, the performance indicators prescribed in divisions (A)(2) and (3) of this section shall not be part of the performance indicator unit under division (A)(1) of this section.
(B) For the 2013-2014 school year, except as otherwise provided in this section, for any indicator based on the percentage of students attaining a proficient score on the assessments prescribed by divisions (A) and (B)(1) of section 3301.0710 of the Revised Code, a school district or building shall be considered to have met the indicator if at least eighty per cent of the tested students attain a score of proficient or higher on the assessment. A school district or building shall be considered to have met the indicator for the assessments prescribed by division (B)(1) of section 3301.0710 of the Revised Code and only as administered to eleventh grade students, if at least eighty-five per cent of the tested students attain a score of proficient or higher on the assessment.
The
state
board department
shall
adopt rules, under Chapter 119. of the Revised Code, to establish
proficiency percentages to meet each indicator that is based on a
state assessment, prescribed under section 3301.0710 or 3301.0712 of
the Revised Code, for the 2014-2015, 2015-2016, 2016-2017, 2017-2018,
2018-2019, 2019-2020, and 2020-2021 school years by the following
dates:
(1) Not later than December 31, 2015, for the 2014-2015 school year;
(2) Not later than July 1, 2016, for the 2015-2016 school year;
(3) Not later than July 1, 2017, for the 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021 school years.
Sec.
3302.021. (A)
Not
earlier than July 1, 2005, and not later than July 1, 2007, the The
department
of education
and
workforce
shall
implement a value-added progress dimension for school districts and
buildings and shall incorporate the value-added progress dimension
into the report cards and performance ratings issued for districts
and buildings under section 3302.03 of the Revised Code.
The
state
board of education department
shall
adopt rules, pursuant to Chapter 119. of the Revised Code, for the
implementation of the value-added progress dimension. The rules
adopted under this division shall specify both of the following:
(1) A scale for describing the levels of academic progress in reading and mathematics relative to a standard year of academic growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of individual student test scores and individual student reports in accordance with sections 3301.0711, 3301.0714, and 3319.321 of the Revised Code and federal law. The department may require school districts to use a unique identifier for each student for this purpose. Individual student test scores and individual student reports shall be made available only to a student's classroom teacher and other appropriate educational personnel and to the student's parent or guardian.
(B)
The department shall explore the feasibility of using the value-added
gain index and effect size to improve differentiation and
interpretation of the measure. If the department determines that it
is feasible, the
state board it
may
update the rules adopted under division (A) of this section to
implement the use of gain index and effect size. If rules are adopted
under division (A) of this section that use the gain index and effect
size, any prior method used to calculate letter grades or performance
ratings under section 3302.03 of the Revised Code shall no longer
apply. Rather, the state
board department
shall
update its rules to determine how letter grades or performance
ratings for each level of performance are calculated under section
3302.03 of the Revised Code using gain index and effect size.
(C) The department shall use a system designed for collecting necessary data, calculating the value-added progress dimension, analyzing data, and generating reports, which system has been used previously by a nonprofit organization led by the Ohio business community for at least one year in the operation of a pilot program in cooperation with school districts to collect and report student achievement data via electronic means and to provide information to the districts regarding the academic performance of individual students, grade levels, school buildings, and the districts as a whole.
(D)
The department shall not pay more than two dollars per student for
data analysis and reporting to implement the value-added progress
dimension in the same manner and with the same services as under the
pilot program described by division (B) of this section. However,
nothing in this section shall preclude the department or any school
district from entering into a contract for the provision of more
services at a higher fee per student. Any data analysis conducted
under this section by an entity under contract with the department
shall be completed in accordance with timelines established by the
superintendent
of public instructiondirector
of education and workforce.
(E)
The department shall share any aggregate student data and any
calculation, analysis, or report utilizing aggregate student data
that is generated under this section with the chancellor of the
Ohio board of regentshigher
education.
The department shall not share individual student test scores and
individual student reports with the chancellor.
Sec. 3302.03. Not later than the thirty-first day of July of each year, the department of education and workforce shall submit preliminary report card data for overall academic performance and for each separate performance measure for each school district, and each school building, in accordance with this section.
Annually,
not later than the fifteenth day of September or the preceding Friday
when that day falls on a Saturday or Sunday, the department shall
assign a letter grade or performance rating for overall academic
performance and for each separate performance measure for each school
district, and each school building in a district, in accordance with
this section. The state
board of education department
shall
adopt rules pursuant to Chapter 119. of the Revised Code to implement
this section. The state
board's department's
rules
shall establish performance criteria for each letter grade or
performance rating and prescribe a method by which the department
assigns each letter grade or performance rating. For a school
building to which any of the performance measures do not apply, due
to grade levels served by the building, the department shall
designate the performance measures that are applicable to the
building and that must be calculated separately and used to calculate
the building's overall grade or performance rating. The department
shall issue annual report cards reflecting the performance of each
school district, each building within each district, and for the
state as a whole using the performance measures and letter grade or
performance rating system described in this section. The department
shall include on the report card for each district and each building
within each district the most recent two-year trend data in student
achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall issue grades as described in division (F) of this section for each of the following performance measures:
(a) Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as adopted by the state
boarddepartment.
In adopting benchmarks for assigning letter grades under division
(A)(1)(b) of this section, the state
board department
shall
designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
and less than fifty per cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the state
board department
under
section 3302.02 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (A)(1)(c) of
this section, the state
board department
shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department shall designate a four-year adjusted cohort graduation rate of ninety-three per cent or higher for an "A" and a five-year cohort graduation rate of ninety-five per cent or higher for an "A."
(e) The overall score under the value-added progress dimension of a school district or building, for which the department shall use up to three years of value-added data as available. The letter grade assigned for this growth measure shall be as follows:
(i) A score that is at least one standard error of measure above the mean score shall be designated as an "A."
(ii) A score that is less than one standard error of measure above but greater than one standard error of measure below the mean score shall be designated as a "B."
(iii) A score that is less than or equal to one standard error of measure below the mean score but greater than two standard errors of measure below the mean score shall be designated as a "C."
(iv) A score that is less than or equal to two standard errors of measure below the mean score but is greater than three standard errors of measure below the mean score shall be designated as a "D."
(v) A score that is less than or equal to three standard errors of measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a graded performance measure in this division and divisions (B) and (C) of this section, whether as an overall measure or as a measure of separate subgroups, the grades for the measure shall be calculated in the same manner as prescribed in division (A)(1)(e) of this section.
(f) The value-added progress dimension score for a school district or building disaggregated for each of the following subgroups: students identified as gifted, students with disabilities, and students whose performance places them in the lowest quintile for achievement on a statewide basis. Each subgroup shall be a separate graded measure.
(2)
Not
later than April 30, 2013, the state board of education The
department shall
adopt a resolution describing the performance measures, benchmarks,
and grading system for the 2012-2013 school year and,
not later than June 30, 2013,
shall
adopt rules in accordance with Chapter 119. of the Revised Code that
prescribe the methods by which the performance measures under
division (A)(1) of this section shall be assessed and assigned a
letter grade, including performance benchmarks for each letter grade.
At
least forty-five days prior to the state
board's department's
adoption
of rules to prescribe the methods by which the performance measures
under division (A)(1) of this section shall be assessed and assigned
a letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 school year, the department shall issue grades as described in division (F) of this section for each of the following performance measures:
(a) Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (B)(1)(b) of
this section, the state
board department
shall
designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
and less than fifty per cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the state
board department
under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (B)(1)(c) of
this section, the state
board department
shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress dimension of a school district or building, for which the department shall use up to three years of value-added data as available.
(f) The value-added progress dimension score for a school district or building disaggregated for each of the following subgroups: students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code, students with disabilities, and students whose performance places them in the lowest quintile for achievement on a statewide basis. Each subgroup shall be a separate graded measure.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the state
boarddepartment.
The state
board department
shall
adopt rules to prescribe benchmarks and standards for assigning
grades to districts and buildings for purposes of division (B)(1)(g)
of this section. In adopting benchmarks for assigning letter grades
under divisions (B)(1)(g) and (C)(1)(g) of this section, the state
board department
shall
determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading and writing
diagnostic assessments administered under section 3301.0715 of the
Revised Code and the third grade English language arts assessment
under section 3301.0710 of the Revised Code, as applicable. The state
board department
shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a
district or building in which less than five per cent of students
have scored below grade level on the diagnostic assessment
administered to students in kindergarten under division (B)(1) of
section 3313.608 of the Revised Code.
(h) For a high mobility school district or building, an additional value-added progress dimension score. For this measure, the department shall use value-added data from the most recent school year available and shall use assessment scores for only those students to whom the district or building has administered the assessments prescribed by section 3301.0710 of the Revised Code for each of the two most recent consecutive school years.
As used in this division, "high mobility school district or building" means a school district or building where at least twenty-five per cent of its total enrollment is made up of students who have attended that school district or building for less than one year.
(2) In addition to the graded measures in division (B)(1) of this section, the department shall include on a school district's or building's report card all of the following without an assigned letter grade:
(a) The percentage of students enrolled in a district or building participating in advanced placement classes and the percentage of those students who received a score of three or better on advanced placement examinations;
(b) The number of a district's or building's students who have earned at least three college credits through dual enrollment or advanced standing programs, such as the post-secondary enrollment options program under Chapter 3365. of the Revised Code and state-approved career-technical courses offered through dual enrollment or statewide articulation, that appear on a student's transcript or other official document, either of which is issued by the institution of higher education from which the student earned the college credit. The credits earned that are reported under divisions (B)(2)(b) and (C)(2)(c) of this section shall not include any that are remedial or developmental and shall include those that count toward the curriculum requirements established for completion of a degree.
(c) The percentage of students enrolled in a district or building who have taken a national standardized test used for college admission determinations and the percentage of those students who are determined to be remediation-free in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code;
(d) The percentage of the district's or the building's students who receive industry-recognized credentials as approved under section 3313.6113 of the Revised Code.
(e) The percentage of students enrolled in a district or building who are participating in an international baccalaureate program and the percentage of those students who receive a score of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students who receive an honors diploma under division (B) of section 3313.61 of the Revised Code.
(3)
Not
later than December 31, 2013, the state board The
department shall
adopt rules in accordance with Chapter 119. of the Revised Code that
prescribe the methods by which the performance measures under
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed
and assigned a letter grade, including performance benchmarks for
each grade.
At
least forty-five days prior to the state
board's department's
adoption
of rules to prescribe the methods by which the performance measures
under division (B)(1) of this section shall be assessed and assigned
a letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(4) There shall not be an overall letter grade for a school district or building for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017 school years.
(C)(1) For the 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021 school years, the department shall issue grades as described in division (F) of this section for each of the performance measures prescribed in division (C)(1) of this section. The graded measures are as follows:
(a) Annual measurable objectives. For the 2017-2018 school year, the department shall not include any subgroup data in the annual measurable objectives that includes data from fewer than twenty-five students. For the 2018-2019 school year, the department shall not include any subgroup data in the annual measurable objectives that includes data from fewer than twenty students. Beginning with the 2019-2020 school year, the department shall not include any subgroup data in the annual measurable objectives that includes data from fewer than fifteen students.
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (C)(1)(b) of
this section, the state
board department
shall
designate ninety per cent or higher for an "A," at least
seventy per cent but not more than eighty per cent for a "C,"
and less than fifty per cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the state
board department
under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (C)(1)(c) of
this section, the state
board department
shall
designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e)
The overall score under the value-added progress dimension, or
another measure of student academic progress if adopted by the state
boarddepartment,
of a school district or building, for which the department shall use
up to three years of value-added data as available.
In
adopting benchmarks for assigning letter grades for overall score on
value-added progress dimension under division (C)(1)(e) of this
section, the state
board department
shall
prohibit the assigning of a grade of "A" for that measure
unless the district's or building's grade assigned for value-added
progress dimension for all subgroups under division (C)(1)(f) of this
section is a "C" or higher.
For
the metric prescribed by division (C)(1)(e) of this section, the
state
board department
may
adopt a student academic progress measure to be used instead of the
value-added progress dimension. If the state
board department
adopts
such a measure, it also shall prescribe a method for assigning letter
grades for the new measure that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(f)
The value-added progress dimension score of a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the state
boarddepartment.
Each subgroup shall be a separate graded measure.
The
state
board department
may
adopt student academic progress measures to be used instead of the
value-added progress dimension. If the state
board department
adopts
such measures, it also shall prescribe a method for assigning letter
grades for the new measures that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the state
boarddepartment.
The state
board department
shall
adopt rules to prescribe benchmarks and standards for assigning
grades to a district or building for purposes of division (C)(1)(g)
of this section. The state
board department
shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under division (C)(1)(g) of this section for a district or
building in which less than five per cent of students have scored
below grade level on the kindergarten diagnostic assessment under
division (B)(1) of section 3313.608 of the Revised Code.
(h) For a high mobility school district or building, an additional value-added progress dimension score. For this measure, the department shall use value-added data from the most recent school year available and shall use assessment scores for only those students to whom the district or building has administered the assessments prescribed by section 3301.0710 of the Revised Code for each of the two most recent consecutive school years.
As used in this division, "high mobility school district or building" means a school district or building where at least twenty-five per cent of its total enrollment is made up of students who have attended that school district or building for less than one year.
(2) In addition to the graded measures in division (C)(1) of this section, the department shall include on a school district's or building's report card all of the following without an assigned letter grade:
(a) The percentage of students enrolled in a district or building who have taken a national standardized test used for college admission determinations and the percentage of those students who are determined to be remediation-free in accordance with the standards adopted under division (F) of section 3345.061 of the Revised Code;
(b) The percentage of students enrolled in a district or building participating in advanced placement classes and the percentage of those students who received a score of three or better on advanced placement examinations;
(c) The percentage of a district's or building's students who have earned at least three college credits through advanced standing programs, such as the college credit plus program under Chapter 3365. of the Revised Code and state-approved career-technical courses offered through dual enrollment or statewide articulation, that appear on a student's college transcript issued by the institution of higher education from which the student earned the college credit. The credits earned that are reported under divisions (B)(2)(b) and (C)(2)(c) of this section shall not include any that are remedial or developmental and shall include those that count toward the curriculum requirements established for completion of a degree.
(d) The percentage of the district's or building's students who receive an honor's diploma under division (B) of section 3313.61 of the Revised Code;
(e) The percentage of the district's or building's students who receive industry-recognized credentials as approved under section 3313.6113 of the Revised Code;
(f) The percentage of students enrolled in a district or building who are participating in an international baccalaureate program and the percentage of those students who receive a score of four or better on the international baccalaureate examinations;
(g) The results of the college and career-ready assessments administered under division (B)(1) of section 3301.0712 of the Revised Code;
(h) Whether the school district or building has implemented a positive behavior intervention and supports framework in compliance with the requirements of section 3319.46 of the Revised Code, notated as a "yes" or "no" answer.
(3)
The state
board department
shall
adopt rules pursuant to Chapter 119. of the Revised Code that
establish a method to assign an overall grade for a school district
or school building for the 2017-2018 school year and each school year
thereafter. The rules shall group the performance measures in
divisions (C)(1) and (2) of this section into the following
components:
(a) Gap closing, which shall include the performance measure in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance measure in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall include the performance measure in division (C)(1)(g) of this section;
(f)
Prepared for success, which shall include the performance measures in
divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The
state
board department
shall
develop a method to determine a grade for the component in division
(C)(3)(f) of this section using the performance measures in divisions
(C)(2)(a), (b), (c), (d), (e), and (f) of this section. When
available, the state
board department
may
incorporate the performance measure under division (C)(2)(g) of this
section into the component under division (C)(3)(f) of this section.
When determining the overall grade for the prepared for success
component prescribed by division (C)(3)(f) of this section, no
individual student shall be counted in more than one performance
measure. However, if a student qualifies for more than one
performance measure in the component, the state
board department
may,
in its method to determine a grade for the component, specify an
additional weight for such a student that is not greater than or
equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the state
board department
shall
ensure that the pool of students included in the performance measures
aggregated under that division are all of the students included in
the four- and five-year adjusted graduation cohort.
In
the rules adopted under division (C)(3) of this section, the state
board department
shall
adopt a method for determining a grade for each component in
divisions (C)(3)(a) to (f) of this section. The state
board department
also
shall establish a method to assign an overall grade of "A,"
"B," "C," "D," or "F" using
the grades assigned for each component. The method the state
board department
adopts
for assigning an overall grade shall give equal weight to the
components in divisions (C)(3)(b) and (c) of this section.
At
least forty-five days prior to the state
board's department's
adoption
of rules to prescribe the methods for calculating the overall grade
for the report card, as required by this division, the department
shall conduct a public presentation before the standing committees of
the house of representatives and the senate that consider education
legislation describing the format for the report card, weights that
will be assigned to the components of the overall grade, and the
method for calculating the overall grade.
(D) For the 2021-2022 school year and each school year thereafter, all of the following apply:
(1) The department shall include on a school district's or building's report card all of the following performance measures without an assigned performance rating:
(a) Whether the district or building meets the gifted performance indicator under division (A)(2) of section 3302.02 of the Revised Code and the extent to which the district or building meets gifted indicator performance benchmarks;
(b) The extent to which the district or building meets the chronic absenteeism indicator under division (A)(3) of section 3302.02 of the Revised Code;
(c) Performance index score percentage for a district or building, which shall be calculated by dividing the district's or building's performance index score according to the performance index system created by the department by the maximum performance index score for a district or building. The maximum performance index score shall be as follows:
(i) For a building, the average of the highest two per cent of performance index scores achieved by a building for the school year for which a report card is issued;
(ii) For a district, the average of the highest two per cent of performance index scores achieved by a district for the school year for which a report card is issued.
(d) The overall score under the value-added progress dimension of a district or building, for which the department shall use three consecutive years of value-added data. In using three years of value-added data to calculate the measure prescribed under division (D)(1)(d) of this section, the department shall assign a weight of fifty per cent to the most recent year's data and a weight of twenty-five per cent to the data of each of the other years. However, if three consecutive years of value-added data is not available, the department shall use prior years of value-added data to calculate the measure, as follows:
(i) If two consecutive years of value-added data is not available, the department shall use one year of value-added data to calculate the measure.
(ii) If two consecutive years of value-added data is available, the department shall use two consecutive years of value-added data to calculate the measure. In using two years of value-added data to calculate the measure, the department shall assign a weight of sixty-seven per cent to the most recent year's data and a weight of thirty-three per cent to the data of the other year.
(e) The four-year adjusted cohort graduation rate.
(f) The five-year adjusted cohort graduation rate.
(g) The percentage of students in the district or building who score proficient or higher on the reading segment of the third grade English language arts assessment under section 3301.0710 of the Revised Code.
To the extent possible, the department shall include the results of the summer administration of the third grade reading assessment under section 3301.0710 of the Revised Code in the performance measures prescribed under divisions (D)(1)(g) and (h) of this section.
(h) Whether a district or building is making progress in improving literacy in grades kindergarten through three, as determined using a method prescribed by the department. The method shall determine progress made based on the reduction in the total percentage of students scoring below grade level, or below proficient, compared from year to year on the reading segments of the diagnostic assessments administered under section 3301.0715 of the Revised Code, including the kindergarten readiness assessment, and the third grade English language arts assessment under section 3301.0710 of the Revised Code, as applicable. The method shall not include a deduction for students who did not pass the third grade English language arts assessment under section 3301.0710 of the Revised Code and were not on a reading improvement and monitoring plan.
The performance measure prescribed under division (D)(1)(h) of this section shall not be included on the report card of a district or building in which less than ten per cent of students have scored below grade level on the diagnostic assessment administered to students in kindergarten under division (B)(1) of section 3313.608 of the Revised Code.
(i) The percentage of students in a district or building who are promoted to the fourth grade and not subject to retention under division (A)(2) of section 3313.608 of the Revised Code;
(j) A post-secondary readiness measure. This measure shall be calculated by dividing the number of students included in the four-year adjusted graduation rate cohort who demonstrate post-secondary readiness by the total number of students included in the denominator of the four-year adjusted graduation rate cohort. Demonstration of post-secondary readiness shall include a student doing any of the following:
(i) Attaining a remediation-free score, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, on a nationally standardized assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code;
(ii) Attaining required scores on three or more advanced placement or international baccalaureate examinations. The required score for an advanced placement examination shall be a three or better. The required score for an international baccalaureate examination shall be a four or better. A student may satisfy this condition with any combination of advanced placement or international baccalaureate examinations.
(iii) Earning at least twelve college credits through advanced standing programs, such as the college credit plus program under Chapter 3365. of the Revised Code, an early college high school program under section 3313.6013 of the Revised Code, and state-approved career-technical courses offered through dual enrollment or statewide articulation, that appear on a student's college transcript issued by the institution of higher education from which the student earned the college credit. Earned credits reported under division (D)(1)(j)(iii) of this section shall include credits that count toward the curriculum requirements established for completion of a degree, but shall not include any remedial or developmental credits.
(iv) Meeting the additional criteria for an honors diploma under division (B) of section 3313.61 of the Revised Code;
(v) Earning an industry-recognized credential or license issued by a state agency or board for practice in a vocation that requires an examination for issuance of that license approved under section 3313.6113 of the Revised Code;
(vi) Satisfying any of the following conditions:
(I) Completing a pre-apprenticeship aligned with options established under section 3313.904 of the Revised Code in the student's chosen career field;
(II) Completing an apprenticeship registered with the apprenticeship council established under section 4139.02 of the Revised Code in the student's chosen career field;
(III) Providing evidence of acceptance into an apprenticeship program after high school that is restricted to participants eighteen years of age or older.
(vii) Earning a cumulative score of proficient or higher on three or more state technical assessments aligned with section 3313.903 of the Revised Code in a single career pathway;
(viii) Earning an OhioMeansJobs-readiness seal established under section 3313.6112 of the Revised Code and completing two hundred fifty hours of an internship or other work-based learning experience that is either:
(I) Approved by the business advisory council established under section 3313.82 of the Revised Code that represents the student's district; or
(II) Aligned to the career-technical education pathway approved by the department in which the student is enrolled.
(ix) Providing evidence that the student has enlisted in a branch of the armed services of the United States as defined in section 5910.01 of the Revised Code.
A student who satisfies more than one of the conditions prescribed under this division shall be counted as one student for the purposes of calculating the measure prescribed under division (D)(1)(j) of this section.
(2) In addition to the performance measures under division (D)(1) of this section, the department shall report on a district's or building's report card all of the following data without an assigned performance rating:
(a)
The applicable performance indicators established by the state
board department
under
division (A)(1) of section 3302.02 of the Revised Code;
(b) The overall score under the value-added progress dimension of a district or building for the most recent school year;
(c) A composite of the overall scores under the value-added progress dimension of a district or building for the previous three school years or, if only two years of value-added data are available, for the previous two years;
(d) The percentage of students included in the four- and five-year adjusted cohort graduation rates of a district or building who did not receive a high school diploma under section 3313.61 or 3325.08 of the Revised Code. To the extent possible, the department shall disaggregate that data according to the following categories:
(i) Students who are still enrolled in the district or building and receiving general education services;
(ii) Students with an individualized education program, as defined in section 3323.01 of the Revised Code, who satisfied the conditions for a high school diploma under section 3313.61 or 3325.08 of the Revised Code, but opted not to receive a diploma and are still receiving education services;
(iii) Students with an individualized education program who have not yet satisfied conditions for a high school diploma under section 3313.61 or 3325.08 of the Revised Code and who are still receiving education services;
(iv) Students who are no longer enrolled in any district or building;
(v) Students who, upon enrollment in the district or building for the first time, had completed fewer units of high school instruction required under section 3313.603 of the Revised Code than other students in the four- or five-year adjusted cohort graduation rate.
The department may disaggregate the data prescribed under division (D)(2)(d) of this section according to other categories that the department determines are appropriate.
(e) The results of the kindergarten diagnostic assessment prescribed under division (D) of section 3301.079 of the Revised Code;
(f) Post-graduate outcomes for students who were enrolled in a district or building and received a high school diploma under section 3313.61 or 3325.08 of the Revised Code in the school year prior to the school year for which the report card is issued, including the percentage of students who:
(i) Enrolled in a post-secondary educational institution. To the extent possible, the department shall disaggregate that data according to whether the student enrolled in a four-year institution of higher education, a two-year institution of higher education, an Ohio technical center that provides adult technical education services and is recognized by the chancellor of higher education, or another type of post-secondary educational institution.
(ii) Entered an apprenticeship program registered with the apprenticeship council established under Chapter 4139. of the Revised Code. The department may include other job training programs with similar rigor and outcomes.
(iii) Attained gainful employment, as determined by the department;
(iv) Enlisted in a branch of the armed forces of the United States, as defined in section 5910.01 of the Revised Code.
(g) Whether the school district or building has implemented a positive behavior intervention and supports framework in compliance with the requirements of section 3319.46 of the Revised Code, notated with a "yes" or "no";
(h) The number and percentage of high school seniors in each school year who completed the free application for federal student aid;
(i) Beginning with the report card issued under this section for the 2022-2023 school year, a student opportunity profile measure that reports data regarding the opportunities provided to students by a district or building. To the extent possible, and when appropriate, the data shall be disaggregated by grade level and subgroup. The measure also shall include data regarding the statewide average, the average for similar school districts, and, for a building, the average for the district in which the building is located. The measure shall include all of the following data for the district or building:
(i) The average ratio of teachers of record to students in each grade level in a district or building;
(ii) The average ratio of school counselors to students in a district or building;
(iii) The average ratio of nurses to students in a district or building;
(iv) The average ratio of licensed librarians and library media specialists to students in a district or building;
(v) The average ratio of social workers to students in a district or building;
(vi) The average ratio of mental health professionals to students in a district or building;
(vii) The average ratio of paraprofessionals to students in a district or building;
(viii) The percentage of teachers with fewer than three years of experience teaching in any school;
(ix) The percentage of principals with fewer than three years of experience as a principal in any school;
(x) The percentage of teachers who are not teaching in the subject or field for which they are certified or licensed;
(xi) The percentage of kindergarten students who are enrolled in all-day kindergarten, as defined in section 3321.05 of the Revised Code;
(xii) The percentage of students enrolled in a performing or visual arts course;
(xiii) The percentage of students enrolled in a physical education or wellness course;
(xiv) The percentage of students enrolled in a world language course;
(xv) The percentage of students in grades seven through twelve who are enrolled in a career-technical education course;
(xvi) The percentage of students participating in one or more cocurricular activities;
(xvii) The percentage of students participating in advance placement courses, international baccalaureate courses, honors courses, or courses offered through the college credit plus program established under Chapter 3365. of the Revised Code;
(xviii) The percentage of students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code and receiving gifted services pursuant to that chapter;
(xix) The percentage of students participating in enrichment or support programs offered by the district or building outside of the normal school day;
(xx) The percentage of eligible students participating each school day in school breakfast programs offered by the district or building in accordance with section 3313.813 or 3313.818 of the Revised Code;
(xxi) The percentage of students who are transported by a school bus each school day;
(xxii) The ratio of portable technology devices that students may take home to the number of students.
The department shall include only opportunity measures at the building level for which data for buildings is available, as determined by a school district.
(j)(i) The percentage of students included in the four- and five-year adjusted cohort graduation rates of the district or building who completed all of grades nine through twelve while enrolled in the district or building;
(ii) The four-year adjusted cohort graduation rate for only those students who were continuously enrolled in the same district or building for grades nine through twelve.
(k) The percentage of students in the district or building to whom both of the following apply:
(i) The students are promoted to fourth grade and not subject to retention under division (A)(2) of section 3313.608 of the Revised Code.
(ii) The students completed all of the grade levels offered prior to the fourth grade in the district or building.
(3)
Except as provided in division (D)(3)(f) of this section, the
department shall use the state
board's method
prescribed under rules adopted under division (D)(4) of this section
to assign performance ratings of "one star," "two
stars," "three stars," "four stars," or
"five stars," as described in division (F) of this section,
for a district or building for the individual components prescribed
under division (D)(3) of this section. The department also shall
assign an overall performance rating for a district or building in
accordance with division (D)(3)(g) of this section. The method shall
use the performance measures prescribed under division (D)(1) of this
section to calculate performance ratings for components. The method
may report data under division (D)(2) of this section with
corresponding components, but shall not use the data to calculate
performance ratings for that component. The performance measures and
reported data shall be grouped together into components as follows:
(a) Gap closing. In addition to other criteria determined appropriate by the department, performance ratings for the gap closing component shall reflect whether each of the following performance measures are met or not met:
(i) The gifted performance indicator as described in division (D)(1)(a) of this section;
(ii) The chronic absenteeism indicator as described in division (D)(1)(b) of this section;
(iii) For English learners, an English language proficiency improvement indicator established by the department;
(iv) The subgroup graduation targets;
(v) The subgroup achievement targets in both mathematics and English language arts;
(vi) The subgroup progress targets in both mathematics and English language arts.
Achievement and progress targets under division (D)(3)(a) of this section shall be calculated individually, and districts and buildings shall receive a status of met or not met on each measure. The department shall not require a subgroup of a district or building to meet both the achievement and progress targets at the same time to receive a status of met.
The department shall not include any subgroup data in this measure that includes data from fewer than fifteen students. Any penalty for failing to meet the required assessment participation rate must be partially in proportion to how close the district or building was to meeting the rate requirement.
(b) Achievement, which shall include the performance measure in division (D)(1)(c) of this section and the reported data in division (D)(2)(a) of this section. Performance ratings for the achievement component shall be awarded as a percentage of the maximum performance index score described in division (D)(1)(c) of this section.
(c) Progress, which shall include the performance measure in division (D)(1)(d) of this section and the reported data in divisions (D)(2)(b) and (c) of this section;
(d) Graduation, which shall include the performance measures in divisions (D)(1)(e) and (f) of this section and the reported data in divisions (D)(2)(d) and (j) of this section. The four-year adjusted cohort graduation rate shall be assigned a weight of sixty per cent and the five-year adjusted cohort graduation rate shall be assigned a weight of forty per cent;
(e) Early literacy, which shall include the performance measures in divisions (D)(1)(g), (h), and (i) of this section and the reported data in divisions (D)(2)(e) and (k) of this section.
If the measure prescribed under division (D)(1)(h) of this section is included in a report card, performance ratings for the early literacy component shall give a weight of forty per cent to the measure prescribed under division (D)(1)(g) of this section, a weight of thirty-five per cent to the measure prescribed under division (D)(1)(i) of this section, and a weight of twenty-five per cent to the measure prescribed under division (D)(1)(h) of this section.
If the measure prescribed under division (D)(1)(h) of this section is not included in a report card of a district or building, performance ratings for the early literacy component shall give a weight of sixty per cent to the measure prescribed under division (D)(1)(g) of this section and a weight of forty per cent to the measure prescribed under division (D)(1)(i) of this section.
(f) College, career, workforce, and military readiness, which shall include the performance measure in division (D)(1)(j) of this section and the reported data in division (D)(2)(f) of this section.
For the 2021-2022, 2022-2023, and 2023-2024 school years, the department only shall report the data for, and not assign a performance rating to, the college, career, workforce, and military readiness component. The reported data shall include the percentage of students who demonstrate post-secondary readiness using any of the options described in division (D)(1)(j) of this section.
The department shall analyze the data included in the performance measure prescribed in division (D)(1)(j) of this section for the 2021-2022, 2022-2023, and 2023-2024 school years. Using that data, the department shall develop and propose rules for a method to assign a performance rating to the college, career, workforce, and military readiness component based on that measure. The method to assign a performance rating shall not include a tiered structure or per student bonuses. The rules shall specify that a district or building shall not receive lower than a performance rating of three stars for the component if the district's or building's performance on the component meets or exceeds a level of improvement set by the department. Notwithstanding division (D)(4)(b) of this section, more than half of the total districts and buildings may earn a performance rating of three stars on this component to account for the districts and buildings that earned a performance rating of three stars because they met or exceeded the level of improvement set by the department.
The
department shall submit the rules to the joint committee on agency
rule review. The committee shall conduct at least one public hearing
on the proposed rules and approve or disapprove the rules. If the
committee approves the rules, the state
board department
shall
adopt the rules in accordance with Chapter 119. of the Revised Code.
If the rules are adopted, the department shall assign a performance
rating to the college, career, workforce, and military readiness
component under the rules beginning with the 2024-2025 school year,
and for each school year thereafter. If the committee disapproves the
rules, the component shall be included in the report card only as
reported data for the 2024-2025 school year, and each school year
thereafter.
(g)(i)
Except as provided for in division (D)(3)(g)(ii) of this section,
beginning with the 2022-2023 school year, under the state
board's method
prescribed under rules adopted in division (D)(4) of this section,
the department shall use the performance ratings assigned for the
components prescribed in divisions (D)(3)(a) to (e) of this section
to determine and assign an overall performance rating of "one
star," "one and one-half stars," "two stars,"
"two and one-half stars," "three stars," "three
and one-half stars," "four stars," "four and
one-half stars," or "five stars" for a district or
building. The method shall give equal weight to the components in
divisions (D)(3)(b) and (c) of this section. The method shall give
equal weight to the components in divisions (D)(3)(a), (d), and (e)
of this section. The individual weights of each of the components
prescribed in divisions (D)(3)(a), (d), and (e) of this section shall
be equal to one-half of the weight given to the component prescribed
in division (D)(3)(b) of this section.
(ii)
If the joint committee on agency rule review approves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, for the 2024-2025 school year, and each school year
thereafter, the state
board's department's
method
shall use the components in divisions (D)(3)(a), (b), (c), (d), (e),
and (f) of this section to calculate the overall performance rating.
The method shall give equal weight to the components in divisions
(D)(3)(b) and (c) of this section. The method shall give equal weight
to the components prescribed in divisions (D)(3)(a), (d), (e), and
(f) of this section. The individual weights of each of the components
prescribed in divisions (D)(3)(a), (d), (e), and (f) of this section
shall be equal to one-half the weight given to the component
prescribed in division (D)(3)(b) of this section.
If the joint committee on agency rule review disapproves the department's rules regarding the college, career, workforce, and military readiness component as described in division (D)(3)(f) of this section, division (D)(3)(g)(ii) of this section does not apply.
(4)(a)
The state
board department
shall
adopt rules in accordance with Chapter 119. of the Revised Code to
establish the performance criteria, benchmarks, and rating system
necessary to implement divisions (D) and (F) of this section,
including the method for the department to assign performance ratings
under division (D)(3) of this section.
(b)
In establishing the performance criteria, benchmarks, and rating
system, the state
board department
shall
consult with stakeholder groups and advocates that represent parents,
community members, students, business leaders, and educators from
different school typology regions. The state
board department
shall
use data from prior school years and simulations to ensure that there
is meaningful differentiation among districts and buildings across
all performance ratings and that, except as permitted in division
(D)(3)(f) of this section, more than half of all districts or
buildings do not earn the same performance rating in any component or
overall performance rating.
(c)
The state
board department
shall
adopt the rules prescribed by division (D)(4) of this section not
later than March 31, 2022. However, the department shall notify
districts and buildings of the changes to the report card prescribed
in law not later than one week after the effective date of this
amendment September 30, 2021.
(d)
Prior to adopting or updating rules under division (D)(4) of this
section, the president
director
of
the
state board education
and workforce and
the department shall conduct a public presentation before the
standing committees of the house of representatives and the senate
that consider primary and secondary education legislation describing
the format for the report card and the performance criteria,
benchmarks, and rating system, including the method to assign
performance ratings under division (D)(3) of this section.
(E)
On
or after July 1, 2015, the state board The
department may
develop a measure of student academic progress for high school
students using only data from assessments in English language arts
and mathematics. If the state
board department
develops
this measure, each school district and applicable school building
shall be assigned a separate letter grade for it not sooner than the
2017-2018 school year. The district's or building's grade for that
measure shall not be included in determining the district's or
building's overall letter grade.
(F)(1) The letter grades assigned to a school district or building under this section shall be as follows:
(a) "A" for a district or school making excellent progress;
(b) "B" for a district or school making above average progress;
(c) "C" for a district or school making average progress;
(d) "D" for a district or school making below average progress;
(e) "F" for a district or school failing to meet minimum progress.
(2) For the overall performance rating under division (D)(3) of this section, the department shall include a descriptor for each performance rating as follows:
(a) "Significantly exceeds state standards" for a performance rating of five stars;
(b) "Exceeds state standards" for a performance rating of four stars or four and one-half stars;
(c) "Meets state standards" for a performance rating of three stars or three and one-half stars;
(d) "Needs support to meet state standards" for a performance rating of two stars or two and one-half stars;
(e) "Needs significant support to meet state standards" for a performance rating of one star or one and one-half stars.
(3)
For performance ratings for each component under divisions (D)(3)(a)
to (f) of this section, the state
board department
shall
include a description of each component and performance rating. The
description shall include component-specific context to each
performance rating earned, estimated comparisons to other school
districts and buildings if appropriate, and any other information
determined by the state
boarddepartment.
The descriptions shall be not longer than twenty-five words in length
when possible. In addition to such descriptions, the state
board department
shall
include the descriptors in division (F)(2) of this section for
component performance ratings.
(4) Each report card issued under this section shall include all of the following:
(a) A graphic that depicts the performance ratings of a district or school on a color scale. The color associated with a performance rating of three stars shall be green and the color associated with a performance rating of one star shall be red.
(b)
An arrow graphic that shows data trends for performance ratings for
school districts or buildings. The state
board department
shall
determine the data to be used for this graphic, which shall include
at least the three most recent years of data.
(c) A description regarding the weights that are assigned to each component and used to determine an overall performance rating, as prescribed under division (D)(3)(g) of this section, which shall be included in the presentation of the overall performance rating on each report card.
(G) When reporting data on student achievement and progress, the department shall disaggregate that data according to the following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
(4) Performance of students grouped by those who have been enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been enrolled in a district or school for more than one year and less than three years;
(6) Performance of students grouped by those who have been enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are economically disadvantaged;
(8) Performance of students grouped by those who are enrolled in a conversion community school established under Chapter 3314. of the Revised Code;
(9) Performance of students grouped by those who are classified as English learners;
(10) Performance of students grouped by those who have disabilities;
(11) Performance of students grouped by those who are classified as migrants;
(12) Performance of students grouped by those who are identified as gifted in superior cognitive ability and the specific academic ability fields of reading and math pursuant to Chapter 3324. of the Revised Code. In disaggregating specific academic ability fields for gifted students, the department shall use data for those students with specific academic ability in math and reading. If any other academic field is assessed, the department shall also include data for students with specific academic ability in that field as well.
(13)
Performance of students grouped by those who perform in the lowest
quintile for achievement on a statewide basis, as determined by a
method prescribed by the state
boarddepartment.
The department may disaggregate data on student performance according to other categories that the department determines are appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (G)(1) to (13) of this section that it deems relevant.
In reporting data pursuant to division (G) of this section, the department shall not include in the report cards any data statistical in nature that is statistically unreliable or that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (G) of this section that contains less than ten students. If the department does not report student performance data for a group because it contains less than ten students, the department shall indicate on the report card that is why data was not reported.
(H) The department may include with the report cards any additional education and fiscal performance data it deems valuable.
(I) The department shall include on each report card a list of additional information collected by the department that is available regarding the district or building for which the report card is issued. When available, such additional information shall include student mobility data disaggregated by race and socioeconomic status, college enrollment data, and the reports prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web. The report card shall include the address of the site and shall specify that such additional information is available to the public at that site. The department shall also provide a copy of each item on the list to the superintendent of each school district. The district superintendent shall provide a copy of any item on the list to anyone who requests it.
(J)(1)(a) Except as provided in division (J)(1)(b) of this section, for any district that sponsors a conversion community school under Chapter 3314. of the Revised Code, the department shall combine data regarding the academic performance of students enrolled in the community school with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the report card issued for the district under this section or section 3302.033 of the Revised Code.
(b) The department shall not combine data from any conversion community school that a district sponsors if a majority of the students enrolled in the conversion community school are enrolled in a dropout prevention and recovery program that is operated by the school, as described in division (A)(4)(a) of section 3314.35 of the Revised Code. The department shall include as an addendum to the district's report card the ratings and performance measures that are required under section 3314.017 of the Revised Code for any community school to which division (J)(1)(b) of this section applies. This addendum shall include, at a minimum, the data specified in divisions (C)(1)(a), (C)(2), and (C)(3) of section 3314.017 of the Revised Code.
(2) Any district that leases a building to a community school located in the district or that enters into an agreement with a community school located in the district whereby the district and the school endorse each other's programs may elect to have data regarding the academic performance of students enrolled in the community school combined with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the district report card. Any district that so elects shall annually file a copy of the lease or agreement with the department.
(3) Any municipal school district, as defined in section 3311.71 of the Revised Code, that sponsors a community school located within the district's territory, or that enters into an agreement with a community school located within the district's territory whereby the district and the community school endorse each other's programs, may exercise either or both of the following elections:
(a) To have data regarding the academic performance of students enrolled in that community school combined with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the district's report card;
(b) To have the number of students attending that community school noted separately on the district's report card.
The election authorized under division (J)(3)(a) of this section is subject to approval by the governing authority of the community school.
Any municipal school district that exercises an election to combine or include data under division (J)(3) of this section, by the first day of October of each year, shall file with the department documentation indicating eligibility for that election, as required by the department.
(K) The department shall include on each report card the percentage of teachers in the district or building who are properly certified or licensed teachers, as defined in section 3319.074 of the Revised Code, and a comparison of that percentage with the percentages of such teachers in similar districts and buildings.
(L)(1) In calculating English language arts, mathematics, science, American history, or American government assessment passage rates used to determine school district or building performance under this section, the department shall include all students taking an assessment with accommodation or to whom an alternate assessment is administered pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code and all students who take substitute examinations approved under division (B)(4) of section 3301.0712 of the Revised Code in the subject areas of science, American history and American government.
(2)
In calculating performance index scores, rates of achievement on the
performance indicators established by the state
board department
under
section 3302.02 of the Revised Code, and annual measurable objectives
for determining adequate yearly progress for school districts and
buildings under this section, the department shall do all of the
following:
(a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any assessment prescribed by division (A)(1) or (B)(1) of section 3301.0710 or division (B) of section 3301.0712 of the Revised Code that is administered to the student's grade level;
(b) Include cumulative totals from both the fall and spring administrations of the third grade English language arts achievement assessment and, to the extent possible, the summer administration of that assessment;
(c) Except as required by the No Child Left Behind Act of 2001, exclude for each district or building any English learner who has been enrolled in United States schools for less than one full school year.
(M)
Beginning with the 2015-2016 school year and at least once every
three years thereafter, the state
board of education department
shall
review and may adjust the benchmarks for assigning letter grades or
performance ratings to the performance measures and components
prescribed under divisions (C)(3), (D), and (E) of this section.
Sec. 3302.031. In addition to the report cards required under section 3302.03 of the Revised Code, the department of education and workforce shall annually prepare the following reports for each school district and make a copy of each report available to the superintendent of each district:
(A) A funding and expenditure accountability report which shall consist of the amount of state aid payments the school district will receive during the fiscal year under Chapter 3317. of the Revised Code and any other fiscal data the department determines is necessary to inform the public about the financial status of the district;
(B) A school safety and discipline report which shall consist of statistical information regarding student safety and discipline in each school building, including the number of suspensions and expulsions disaggregated according to race and gender;
(C) A student equity report which shall consist of at least a description of the status of teacher qualifications, library and media resources, textbooks, classroom materials and supplies, and technology resources for each district. To the extent possible, the information included in the report required under this division shall be disaggregated according to grade level, race, gender, disability, and scores attained on assessments required under sections 3301.0710 and 3301.0712 of the Revised Code.
(D) A school enrollment report which shall consist of information about the composition of classes within each district by grade and subject disaggregated according to race, gender, and scores attained on assessments required under sections 3301.0710 and 3301.0712 of the Revised Code;
(E) A student retention report which shall consist of the number of students retained in their respective grade levels in the district disaggregated by grade level, subject area, race, gender, and disability;
(F) A school district performance report which shall describe for the district and each building within the district the extent to which the district or building meets each of the applicable performance indicators established under section 3302.02 of the Revised Code, the number of performance indicators that have been achieved, and the performance index score. In calculating the rates of achievement on the performance indicators and the performance index scores for each report, the department shall exclude all students with disabilities.
Sec.
3302.032. (A)
Not
later than December 31, 2011, the state board The
department of
education and
workforce shall
establish a measure of the following:
(1) Student success in meeting the benchmarks contained in the physical education standards adopted under division (A)(3) of section 3301.079 of the Revised Code;
(2) Compliance with the requirements for local wellness policies prescribed by section 204 of the "Child Nutrition and WIC Reauthorization Act of 2004," 42 U.S.C. 1751 note;
(3) Whether a school district or building has elected to administer the screenings authorized by sections 3313.674, 3314.15, and 3326.26 of the Revised Code;
(4) Whether a school district or building is participating in the physical activity pilot program administered under section 3313.6016 of the Revised Code.
(B) The measure shall be included on the school district and building report cards issued under section 3302.03 of the Revised Code, beginning with the report cards issued for the 2012-2013 school year, but it shall not be a factor in the performance ratings issued under that section.
(C)
The department of
education may
accept, receive, and expend gifts, devises, or bequests of money for
the purpose of establishing the measure required by this section.
Sec.
3302.033. The
state
board department
of
education
and
workforce,
in consultation with the chancellor of
the
Ohio board of regents
higher
education,
any office within the office of the governor concerning workforce
development, the Ohio association of career and technical education,
the Ohio association of city career-technical schools, and the Ohio
association of career-technical superintendents, shall approve a
report card for joint vocational school districts and for other
career-technical planning districts that are not joint vocational
school districts, which may contain disaggregated data for each joint
vocational school district, if applicable. The state
board department
shall
submit details of the approved report card to the governor, the
speaker of the house of representatives, the president of the senate,
and the chairpersons of the standing committees of the house of
representatives and the senate principally responsible for education
policy. The department of
education annually
shall issue a report card for each joint vocational school district
and other career-technical planning districts that are not joint
vocational school districts, beginning with report cards for the
2012-2013 school year to be published not later than September 1,
2013.
As used in this section, "career-technical planning district" means a school district or group of school districts designated by the department as being responsible for the planning for and provision of career-technical education services to students within the district or group.
Sec.
3302.034. (A)
Not
later than December 31, 2013, the state board The
department of
education and
workforce shall
adopt and specify measures in addition to those included on the
report card issued under section 3302.03 of the Revised Code. The
measures adopted under this section shall be reported separately, as
specified under division (B) of this section, for each school
district, each building in a district, each community school
established under Chapter 3314., each STEM school established under
Chapter 3326., and each college-preparatory boarding school
established under Chapter 3328. of the Revised Code. The measures
shall include at least the following:
(1) Data for students who have passed over a grade or subject area under an acceleration policy prescribed under section 3324.10 of the Revised Code;
(2)
The number of students who are economically disadvantaged as
determined by the department
of
education;
(3) The number of lead teachers employed by each district and each building once the data is available through the education management information system established under section 3301.0714 of the Revised Code;
(4) The amount of students screened and identified as gifted under Chapter 3324. of the Revised Code;
(5) Postgraduate student outcome data as described under division (E)(2)(d)(ii) of section 3314.017 of the Revised Code;
(6) Availability of courses in fine arts;
(7) Participation with other school districts to provide career-technical education services to students.
(B) The department shall report this information annually beginning with the 2013-2014 school year and make this information available on its web site for comparison purposes.
Sec. 3302.035. (A) Not later than October 1, 2015, and not later than the first day of October each year thereafter, the department of education and workforce shall report for each school district, each community school established under Chapter 3314., each STEM school established under Chapter 3326., and each college-preparatory boarding school established under Chapter 3328. of the Revised Code, the following measures for students with disabilities enrolled in that school district or community, STEM, or college-preparatory boarding school:
(1) The value-added progress dimension score disaggregated for that subgroup, as determined by the department;
(2) The performance index score for that subgroup, as defined under division (A) of section 3302.01 of the Revised Code;
(3) The four- and five-year adjusted cohort graduation rates, as defined under divisions (G)(1) and (2) of section 3302.01 of the Revised Code, for that subgroup.
(B) The department shall make each report completed pursuant to division (A) of this section available on its web site for comparison purposes.
Sec.
3302.036. (A)
Notwithstanding anything in the Revised Code to the contrary, the
department of education
and
workforce
shall
not assign an overall letter grade under division (C)(3) of section
3302.03 of the Revised Code for any school district or building for
the 2014-2015, 2015-2016, or 2016-2017 school years, may, at the
discretion of the
state
board of education
department,
not assign an individual grade to any component prescribed under
division (C)(3) of section 3302.03 of the Revised Code, and shall not
rank school districts, community schools established under Chapter
3314. of the Revised Code, or STEM schools established under Chapter
3326. of the Revised Code under section 3302.21 of the Revised Code
for those school years. The report card ratings issued for the
2014-2015, 2015-2016, or 2016-2017 school years shall not be
considered in determining whether a school district or a school is
subject to sanctions or penalties. However, the report card ratings
of any previous or subsequent years shall be considered in
determining whether a school district or building is subject to
sanctions or penalties. Accordingly, the report card ratings for the
2014-2015, 2015-2016, or 2016-2017 school years shall have no effect
in determining sanctions or penalties, but shall not create a new
starting point for determinations that are based on ratings over
multiple years.
(B) The provisions from which a district or school is exempt under division (A) of this section shall be the following:
(1) Any restructuring provisions established under this chapter, except as required under the "No Child Left Behind Act of 2001";
(2) Provisions for the Columbus city school pilot project under section 3302.042 of the Revised Code;
(3) Provisions for academic distress commissions under former section 3302.10 of the Revised Code as it existed prior to October 15, 2015. The provisions of this section do not apply to academic distress commissions under the version of that section as it exists on or after October 15, 2015.
(4) Provisions prescribing new buildings where students are eligible for the educational choice scholarships under section 3310.03 of the Revised Code;
(5)
Provisions defining "challenged school districts" in which
new start-up community schools were required to be located, as
prescribed in section 3314.02 of the Revised Code as it existed prior
to the
effective date of this amendment September
30, 2021;
(6) Provisions prescribing community school closure requirements under section 3314.35 or 3314.351 of the Revised Code.
(C) Notwithstanding anything in the Revised Code to the contrary and except as provided in Section 3 of H.B. 7 of the 131st general assembly, no school district, community school, or STEM school shall utilize at any time during a student's academic career a student's score on any assessment administered under division (A) of section 3301.0710 or division (B)(2) of section 3301.0712 of the Revised Code in the 2014-2015, 2015-2016, or 2016-2017 school years as a factor in any decision to promote or to deny the student promotion to a higher grade level or in any decision to grant course credit. No individual student score reports on such assessments administered in the 2014-2015, 2015-2016, or 2016-2017 school years shall be released, except to a student's school district or school or to the student or the student's parent or guardian.
Sec. 3302.037. (A) Not more than thirty days after the department of education and workforce issues report cards under section 3302.03 of the Revised Code, each school district and school building shall do the following:
(1) Notify parents that the report card has been released and how parents can access the report card. Notification may include mailed letters, emails, newsletters, or any other proactive notification method used by districts and buildings to contact parents.
(2) Include a link to the report card on the district's or school's web site.
(B) Each superintendent of a school district shall present the results of the district's report card to the school district board of education not later than thirty days after the report cards are issued under section 3302.03 of the Revised Code.
Sec. 3302.038. Not later than December 31, 2024, the department of education and workforce shall issue a report regarding the effectiveness of the state report cards issued under section 3302.03 of the Revised Code. In preparing the report, the department shall study the data included in the state report cards issued for the 2021-2022, 2022-2023, and 2023-2024 school years. Based on that study, the department shall include in the report any recommendations for changes or improvements to the state report card.
The department shall submit the report to the speaker of the house of representatives, the president of the senate, and the chairpersons of the standing committees of the house of representatives and the senate that consider education legislation.
Sec. 3302.039. (A) The state report card review committee is hereby established on July 1, 2023.
(B) The committee established under this section shall consist of the following members:
(1) Two members of the house of representatives, both of whom shall not be members of the same political party, appointed by the speaker of the house of representatives. The minority leader of the house of representatives may recommend to the speaker of the house of representatives a member of the minority leader's political party to serve on the committee.
(2) Two members of the senate, both of whom shall not be members of the same political party, appointed by the president of the senate. The minority leader of the senate may recommend to the president of the senate a member of the minority leader's political party to serve on the committee.
(3)
The superintendent
director
of
public
instructioneducation
and workforce,
or the state
superintendent's director's
designee;
(4)
The following members appointed by the state
superintendentdirector:
(a) A classroom teacher who provides instruction in an elementary school;
(b) A classroom teacher who provides instruction in a high school;
(c) An individual with experience in providing services to students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code;
(d) An individual with experience in providing special education or related services to children with disabilities under Chapter 3323. of the Revised Code;
(e) An individual representing a chartered nonpublic school;
(f) A representative of the business community;
(g) The parent of a child enrolled in any of grades kindergarten through twelve;
(h) A representative of community schools established under Chapter 3314. of the Revised Code;
(i) Two school district superintendents and one school principal. The state superintendent shall ensure that the representatives appointed under division (B)(4)(i) of this section represent urban, suburban, and rural school districts.
(5) The member of the house of representatives appointed under division (B)(1) of this section, who is of the majority party, and the member of the senate appointed under division (B)(2) of this section, who is of the majority party, shall serve as co-chairpersons of the committee.
(C) The committee established under this section shall conduct a study of the state report cards issued under section 3302.03 of the Revised Code for the 2022-2023 school year and prior school years. Based on that study, the committee shall make recommendations for improvements, corrections, and clarifications to the state report card.
Not
later than June 30, 2024, the chairpersons of the committee shall
submit a report of its findings to the state
board of education director
and
the chairpersons of the standing committees of the house of
representatives and the senate that consider primary and secondary
education legislation.
Sec.
3302.04. As
used in divisions (A), (C), and (D) of this section, for the
2014-2015 school year, and for each school year thereafter, when a
provision refers to a school district or school building in a state
of academic emergency, it shall mean a district or building rated
"F"; when a provision refers to a school district or school
building under an academic watch, it shall mean a district or
building rated "D"; and when a provision refers to a school
district or school building in need of continuous improvement, it
shall mean a district or building rated "C" as those letter
grade ratings for overall performance are assigned under division
(C)(3) of section 3302.03 of the Revised Code, as it exists on or
after March 22, 2013.
(A)
The department of education
and
workforce
shall
establish a system of intensive, ongoing support for the improvement
of school districts and school buildings. In accordance with the
model of differentiated accountability described in section 3302.041
of the Revised Code, the system shall give priority to the
following:
(1)
For any school year prior to the 2012-2013 school year, districts and
buildings that have been declared to be under an academic watch or in
a state of academic emergency under section 3302.03 of the Revised
Code;
(2)
For the 2012-2013 school year, and for each school year thereafter,
districts
and buildings in the manner prescribed by any agreement currently in
force between the department of
education and workforce and
the United States department of education. The department of
education and workforce shall
endeavor to include schools and buildings that receive grades or
performance ratings under section 3302.03 of the Revised Code that
the department considers to be low performing.
The system shall include services provided to districts and buildings through regional service providers, such as educational service centers. The system may include the appointment of an improvement coordinator for any of the lowest performing districts, as determined by the department of education and workforce, to coordinate the district's academic improvement efforts and to build support among the community for those efforts.
(B)
This
division does not apply to any school district after June 30, 2008.
When
a school district has been notified by the department pursuant to
section 3302.03 of the Revised Code that the district or a building
within the district has failed to make adequate yearly progress for
two consecutive school years, the district shall develop a three-year
continuous improvement plan for the district or building containing
each of the following:
(1)
An analysis of the reasons for the failure of the district or
building to meet any of the applicable performance indicators
established under section 3302.02 of the Revised Code that it did not
meet and an analysis of the reasons for its failure to make adequate
yearly progress;
(2)
Specific strategies that the district or building will use to address
the problems in academic achievement identified in division (B)(1) of
this section;
(3)
Identification of the resources that the district will allocate
toward improving the academic achievement of the district or
building;
(4)
A description of any progress that the district or building made in
the preceding year toward improving its academic achievement;
(5)
An analysis of how the district is utilizing the professional
development standards adopted by the state board pursuant to section
3319.61 of the Revised Code;
(6)
Strategies that the district or building will use to improve the
cultural competency, as defined pursuant to section 3319.61 of the
Revised Code, of teachers and other educators.
No
three-year continuous improvement plan shall be developed or adopted
pursuant to this division unless at least one public hearing is held
within the affected school district or building concerning the final
draft of the plan. Notice of the hearing shall be given two weeks
prior to the hearing by publication in one newspaper of general
circulation within the territory of the affected school district or
building. Copies of the plan shall be made available to the public.
(C)(1)
For any school year prior to the school year that begins on July 1,
2012, when a school district or building has been notified by the
department pursuant to section 3302.03 of the Revised Code that the
district or building is under an academic watch or in a state of
academic emergency, the district or building shall be subject to any
rules establishing intervention in academic watch or emergency school
districts or buildings.
(2)
For the 2012-2013 school year, and for each school year thereafter, a
A
district
or building that meets the conditions for intervention prescribed by
the agreement described in division (A)(2)
(A)
of
this section shall be subject to any rules establishing such
intervention.
(D)(1)
For any school year prior to the 2012-2013 school year, within one
hundred twenty days after any school district or building is declared
to be in a state of academic emergency under section 3302.03 of the
Revised Code, the department may initiate a site evaluation of the
building or school district.
(2)
For the 2012-2013 school year, and for each school year thereafter,
the (C)
The department
of
education and workforce may
initiate a site evaluation of a building or school district that
meets the conditions for a site evaluation prescribed by the
agreement described in division (A)(2)
(A)
of
this section.
(3)
Division (D)(3) of this section does not apply to any school district
after June 30, 2008.
If
any school district that is declared to be in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code or encompasses a building that is declared to be in
a state of academic emergency or in a state of academic watch fails
to demonstrate to the department satisfactory improvement of the
district or applicable buildings or fails to submit to the department
any information required under rules established by the state board
of education, prior to approving a three-year continuous improvement
plan under rules established by the state board of education, the
department shall conduct a site evaluation of the school district or
applicable buildings to determine whether the school district is in
compliance with minimum standards established by law or rule.
(4)
Division (D)(4) of this section does not apply to any school district
after June 30, 2008. Site evaluations conducted under divisions
(D)(1), (2), and (3) of this section shall include, but not be
limited to, the following:
(a)
Determining whether teachers are assigned to subject areas for which
they are licensed or certified;
(b)
Determining pupil-teacher ratios;
(c)
Examination of compliance with minimum instruction time requirements
for each school day and for each school year;
(d)
Determining whether materials and equipment necessary to implement
the curriculum approved by the school district board are available;
(e)
Examination of whether the teacher and principal evaluation systems
comply with sections 3311.80, 3311.84, 3319.02, and 3319.111 of the
Revised Code;
(f)
Examination of the adequacy of efforts to improve the cultural
competency, as defined pursuant to section 3319.61 of the Revised
Code, of teachers and other educators.
(E)
(D)
This
division applies only to school districts that operate a school
building that fails to make adequate yearly progress for two or more
consecutive school years. It does not apply to any such district
after June 30, 2008, except as provided in division (D)(2) of section
3313.97 of the Revised Code.
(1) For any school building that fails to make adequate yearly progress for two consecutive school years, the district shall do all of the following:
(a) Provide written notification of the academic issues that resulted in the building's failure to make adequate yearly progress to the parent or guardian of each student enrolled in the building. The notification shall also describe the actions being taken by the district or building to improve the academic performance of the building and any progress achieved toward that goal in the immediately preceding school year.
(b) If the building receives funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, in accordance with section 3313.97 of the Revised Code, offer all students enrolled in the building the opportunity to enroll in an alternative building within the district that is not in school improvement status as defined by the "No Child Left Behind Act of 2001." Notwithstanding Chapter 3327. of the Revised Code, the district shall spend an amount equal to twenty per cent of the funds it receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation for students who enroll in alternative buildings under this division, unless the district can satisfy all demand for transportation with a lesser amount. If an amount equal to twenty per cent of the funds the district receives under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for transportation, the district shall grant priority over all other students to the lowest achieving students among the subgroup described in division (B)(3) of section 3302.01 of the Revised Code in providing transportation. Any district that does not receive funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide transportation to any student who enrolls in an alternative building under this division.
(2) For any school building that fails to make adequate yearly progress for three consecutive school years, the district shall do both of the following:
(a)
If the building receives funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section 3313.97
of the Revised Code, provide all students enrolled in the building
the opportunity to enroll in an alternative building within the
district that is not in school improvement status as defined by the
"No Child Left Behind Act of 2001." Notwithstanding Chapter
3327. of the Revised Code, the district shall provide transportation
for students who enroll in alternative buildings under this division
to the extent required under division (E)(2)
(D)(2)
of
this section.
(b) If the building receives funds under Title I, Part A of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, from the district, offer supplemental educational services to students who are enrolled in the building and who are in the subgroup described in division (B)(3) of section 3302.01 of the Revised Code.
The
district shall spend a combined total of an amount equal to twenty
per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (E)(1)(b)
(D)(1)(b)
or
(E)(2)(a)
(D)(2)(a)
of
this section and to pay the costs of the supplemental educational
services provided to students under division (E)(2)(b)
(D)(2)(b)
of
this section, unless the district can satisfy all demand for
transportation and pay the costs of supplemental educational services
for those students who request them with a lesser amount. In
allocating funds between the requirements of divisions (E)(1)(b)
(D)(1)(b)
and
(E)(2)(a)
(D)(2)(a)
and
(b) of this section, the district shall spend at least an amount
equal to five per cent of the funds it receives under Title I, Part A
of the "Elementary and Secondary Education Act of 1965," 20
U.S.C. 6311 to 6339, to provide transportation for students who
enroll in alternative buildings under division (E)(1)(b)
(D)(1)(b)
or
(E)(2)(a)
(D)(2)(a)
of
this section, unless the district can satisfy all demand for
transportation with a lesser amount, and at least an amount equal to
five per cent of the funds it receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to pay the costs of the supplemental educational
services provided to students under division (E)(2)(b)
(D)(2)(b)
of
this section, unless the district can pay the costs of such services
for all students requesting them with a lesser amount. If an amount
equal to twenty per cent of the funds the district receives under
Title I, Part A of the "Elementary and Secondary Education Act
of 1965," 20 U.S.C. 6311 to 6339, is insufficient to satisfy all
demand for transportation under divisions (E)(1)(b)
(D)(1)(b)
and
(E)(2)(a)
(D)(2)(a)
of
this section and to pay the costs of all of the supplemental
educational services provided to students under division (E)(2)(b)
(D)(2)(b)
of
this section, the district shall grant priority over all other
students in providing transportation and in paying the costs of
supplemental educational services to the lowest achieving students
among the subgroup described in division (B)(3) of section 3302.01 of
the Revised Code.
Any
district that does not receive funds under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, shall not be required to provide transportation to any
student who enrolls in an alternative building under division
(E)(2)(a)
(D)(2)(a)
of
this section or to pay the costs of supplemental educational services
provided to any student under division (E)(2)(b)
(D)(2)(b)
of
this section.
No
student who enrolls in an alternative building under division
(E)(2)(a)
(D)(2)(a)
of
this section shall be eligible for supplemental educational services
under division (E)(2)(b)
(D)(2)(b)
of
this section.
(3)
For any school building that fails to make adequate yearly progress
for four consecutive school years, the district shall continue to
comply with division (E)(2)
(D)(2)
of
this section and shall implement at least one of the following
options with respect to the building:
(a) Institute a new curriculum that is consistent with the statewide academic standards adopted pursuant to division (A) of section 3301.079 of the Revised Code;
(b) Decrease the degree of authority the building has to manage its internal operations;
(c)
Appoint an outside expert to make recommendations for improving the
academic performance of the building. The district may request the
department to establish a state intervention team for this purpose
pursuant to division (G)
(E)
of
this section.
(d) Extend the length of the school day or year;
(e) Replace the building principal or other key personnel;
(f) Reorganize the administrative structure of the building.
(4)
For any school building that fails to make adequate yearly progress
for five consecutive school years, the district shall continue to
comply with division (E)(2)
(D)(2)
of
this section and shall develop a plan during the next succeeding
school year to improve the academic performance of the building,
which shall include at least one of the following options:
(a) Reopen the school as a community school under Chapter 3314. of the Revised Code;
(b) Replace personnel;
(c) Contract with a nonprofit or for-profit entity to operate the building;
(d) Turn operation of the building over to the department;
(e) Other significant restructuring of the building's governance.
(5)
For any school building that fails to make adequate yearly progress
for six consecutive school years, the district shall continue to
comply with division (E)(2)
(D)(2)
of
this section and shall implement the plan developed pursuant to
division (E)(4)
(D)(4)
of
this section.
(6)
A district shall continue to comply with division (E)(1)(b)
(D)(1)(b)
or
(E)(2)
(D)(2)
of
this section, whichever was most recently applicable, with respect to
any building formerly subject to one of those divisions until the
building makes adequate yearly progress for two consecutive school
years.
(F)
This division applies only to school districts that have been
identified for improvement by the department pursuant to the "No
Child Left Behind Act of 2001." It does not apply to any such
district after June 30, 2008.
(1)
If a school district has been identified for improvement for one
school year, the district shall provide a written description of the
continuous improvement plan developed by the district pursuant to
division (B) of this section to the parent or guardian of each
student enrolled in the district. If the district does not have a
continuous improvement plan, the district shall develop such a plan
in accordance with division (B) of this section and provide a written
description of the plan to the parent or guardian of each student
enrolled in the district.
(2)
If a school district has been identified for improvement for two
consecutive school years, the district shall continue to implement
the continuous improvement plan developed by the district pursuant to
division (B) or (F)(1) of this section.
(3)
If a school district has been identified for improvement for three
consecutive school years, the department shall take at least one of
the following corrective actions with respect to the district:
(a)
Withhold a portion of the funds the district is entitled to receive
under Title I, Part A of the "Elementary and Secondary Education
Act of 1965," 20 U.S.C. 6311 to 6339;
(b)
Direct the district to replace key district personnel;
(c)
Institute a new curriculum that is consistent with the statewide
academic standards adopted pursuant to division (A) of section
3301.079 of the Revised Code;
(d)
Establish alternative forms of governance for individual school
buildings within the district;
(e)
Appoint a trustee to manage the district in place of the district
superintendent and board of education.
The
department shall conduct individual audits of a sampling of districts
subject to this division to determine compliance with the corrective
actions taken by the department.
(4)
If a school district has been identified for improvement for four
consecutive school years, the department shall continue to monitor
implementation of the corrective action taken under division (F)(3)
of this section with respect to the district.
(5)
If a school district has been identified for improvement for five
consecutive school years, the department shall take at least one of
the corrective actions identified in division (F)(3) of this section
with respect to the district, provided that the corrective action the
department takes is different from the corrective action previously
taken under division (F)(3) of this section with respect to the
district.
(G)
(E)
The
department may establish a state intervention team to evaluate all
aspects of a school district or building, including management,
curriculum, instructional methods, resource allocation, and
scheduling. Any such intervention team shall be appointed by the
department and shall include teachers and administrators recognized
as outstanding in their fields. The intervention team shall make
recommendations regarding methods for improving the performance of
the district or building.
The
department shall not approve a district's request for an intervention
team under division (E)(3)
(D)(3)
of
this section if the department cannot adequately fund the work of the
team, unless the district agrees to pay for the expenses of the team.
(H)
(F)
The
department shall conduct individual audits of a sampling of community
schools established under Chapter 3314. of the Revised Code to
determine compliance with this section.
(I)
(G)
A
school district in which the pilot project scholarship program is
operating under sections 3313.974 to 3313.979 of the Revised Code
shall report the use of funding for tutorial assistance grants under
that program in the district's three-year continuous improvement plan
under this section in a manner approved by the department.
(J)
(H)
The
state
board department
of education and workforce shall
adopt rules for implementing this section.
Sec. 3302.041. Beginning July 1, 2008, and contingent upon continued approval by the United States department of education, each school district that has been identified for improvement, or that contains a school building that has been identified for improvement, shall implement all corrective actions required by the model of differentiated accountability developed by the Ohio department of education and workforce and approved by the United States department of education. In any school year in which a district is subject to this division, the Ohio department of education and workforce shall notify the district, prior to the district's opening date, of the corrective actions it is required to implement in that school year.
Sec. 3302.042. (A) This section shall operate as a pilot project that applies to any school that has been ranked according to performance index score under section 3302.21 of the Revised Code in the lowest five per cent of all public school buildings statewide for three or more consecutive school years and is operated by the Columbus city school district. The pilot project shall commence once the department of education and workforce establishes implementation guidelines for the pilot project in consultation with the Columbus city school district.
(B) Except as provided in division (D), (E), or (F) of this section, if the parents or guardians of at least fifty per cent of the students enrolled in a school to which this section applies, or if the parents or guardians of at least fifty per cent of the total number of students enrolled in that school and the schools of lower grade levels whose students typically matriculate into that school, by the thirty-first day of December of any school year in which the school is subject to this section, sign and file with the school district treasurer a petition requesting the district board of education to implement one of the following reforms in the school, and if the validity and sufficiency of the petition is certified in accordance with division (C) of this section, the board shall implement the requested reform in the next school year:
(1) Reopen the school as a community school under Chapter 3314. of the Revised Code;
(2) Replace at least seventy per cent of the school's personnel who are related to the school's poor academic performance or, at the request of the petitioners, retain not more than thirty per cent of the personnel;
(3) Contract with another school district or a nonprofit or for-profit entity with a demonstrated record of effectiveness to operate the school;
(4) Turn operation of the school over to the department;
(5) Any other major restructuring of the school that makes fundamental reforms in the school's staffing or governance.
(C)
Not later than thirty days after receipt of a petition under division
(B) of this section, the district treasurer shall verify the validity
and sufficiency of the signatures on the petition and certify to the
district board whether the petition contains the necessary number of
valid signatures to require the board to implement the reform
requested by the petitioners. If the treasurer certifies to the
district board that the petition does not contain the necessary
number of valid signatures, any person who signed the petition may
file an appeal with the county auditor within ten days after the
certification. Not later than thirty days after the filing of an
appeal, the county auditor shall conduct an independent verification
of the validity and sufficiency of the signatures on the petition and
certify to the district board whether the petition contains the
necessary number of valid signatures to require the board to
implement the requested reform. If the treasurer or county auditor
certifies that the petition contains the necessary number of valid
signatures, the district board shall notify the superintendent
of public instruction and the state board of education department
of
the certification.
(D) The district board shall not implement the reform requested by the petitioners in any of the following circumstances:
(1) The district board has determined that the request is for reasons other than improving student academic achievement or student safety.
(2)
The state
superintendent department
has
determined that implementation of the requested reform would not
comply with the model of differentiated accountability described in
section 3302.041 of the Revised Code.
(3) The petitioners have requested the district board to implement the reform described in division (B)(4) of this section and the department has not agreed to take over the school's operation.
(4) When all of the following have occurred:
(a) After a public hearing on the matter, the district board issued a written statement explaining the reasons that it is unable to implement the requested reform and agreeing to implement one of the other reforms described in division (B) of this section.
(b)
The district board submitted its written statement to the state
superintendent and the state board department
along
with evidence showing how the alternative reform the district board
has agreed to implement will enable the school to improve its
academic performance.
(c)
Both
the state superintendent and the state board have The
department has approved
implementation of the alternative reform.
(E) If the provisions of this section conflict in any way with the requirements of federal law, federal law shall prevail over the provisions of this section.
(F) If a school is restructured under this section, section 3302.10 or 3302.12 of the Revised Code, or federal law, the school shall not be required to restructure again under state law for three consecutive years after the implementation of that prior restructuring.
(G)
Beginning not later than six months after the first petition under
this section has been resolved, the department of
education shall
annually evaluate the pilot program and submit a report to the
general assembly under section 101.68 of the Revised Code. Such
reports shall contain its recommendations to the general assembly
with respect to the continuation of the pilot program, its expansion
to other school districts, or the enactment of further legislation
establishing the program statewide under permanent law.
Sec. 3302.043. (A) As used in this section, "eligible district" means a city school district to which both of the following apply:
(1) The district has persistently low performance ratings, as determined by the department of education and workforce, under section 3302.03 of the Revised Code.
(2) The district is not subject to an academic distress commission under section 3302.10 of the Revised Code.
(B) The department shall establish the career promise academy summer demonstration pilot program. Under the pilot program, which shall operate in the 2021-2022 and 2022-2023 school years, the department shall solicit proposals from eligible districts to establish and operate a career promise academy during the summer to provide students entering ninth grade with intensive literacy instruction, internship or mentoring experiences, and instruction regarding academic preparedness skills, life skills, and financial literacy. The department shall approve one proposal based on the criteria prescribed under division (C) of this section. The department shall award a grant to the eligible district with an approved proposal.
(C) The department shall adopt criteria under which to approve a proposal for a career promise academy, which shall include all of the following:
(1) A requirement that the career promise academy operate as follows:
(a) For four consecutive weeks in the summer of 2021;
(b) For five consecutive weeks in the summer of 2022.
(2) A requirement that not more than seventy-five students participate in the career promise academy in one summer;
(3) A requirement for the eligible district to submit to the department, in a form and manner prescribed by the department, any data that the department and district jointly determine is necessary to evaluate the pilot program;
(4) A method to determine student eligibility to participate in the career promise academy. The method shall identify students entering ninth grade who are at risk of not qualifying for a high school diploma based on the student's scores on the English language arts and mathematics assessments prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code and other academic or social-emotional factors.
(5) A description of the instruction and internship or mentoring experiences that participating students will receive;
(6) An agreement with the district's business advisory council established under section 3313.82 of the Revised Code and other organizations or businesses to identify or provide internship and mentoring experiences to participating students;
(7) An agreement with at least one institution of higher education to identify and engage with prospective teachers to serve as mentors and academic coaches to participating students.
(D) The department shall adopt guidelines and procedures to operate the pilot program established under this section.
Sec.
3302.05. The
state
board department
of
education
and
workforce
shall
adopt rules freeing school districts from specified state mandates if
one of the following applies:
(A) For the 2011-2012 school year, the school district was declared to be excellent under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013, and had above expected growth in the overall value-added measure.
(B) For the 2012-2013 school year, the school district received a grade of "A" for the number of performance indicators met under division (A)(1)(c) of section 3302.03 of the Revised Code and for the value-added dimension under division (A)(1)(e) of section 3302.03 of the Revised Code.
(C) For the 2013-2014, 2014-2015, or 2015-2016 school year, the school district received a grade of "A" for the number of performance indicators met under division (B)(1)(c) of section 3302.03 of the Revised Code and for the value-added dimension under division (B)(1)(e) of section 3302.03 of the Revised Code.
(D) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, or 2020-2021 school year, the school district received an overall grade of "A" under division (C)(3) of section 3302.03 of the Revised Code.
(F)(E)
For
the 2021-2022 school year and for each school year thereafter, the
school district received an overall performance rating of five stars
under division (D)(3) of section 3302.03 of the Revised Code.
Any mandates included in the rules shall be only those statutes or rules pertaining to state education requirements. The rules shall not exempt districts from any operating standard adopted under division (D)(3) of section 3301.07 of the Revised Code.
Sec. 3302.06. (A) Any school of a city, exempted village, or local school district may apply to the district board of education to be designated as an innovation school. Each application shall include an innovation plan that contains the following:
(1) A statement of the school's mission and an explanation of how the designation would enhance the school's ability to fulfill its mission;
(2) A description of the innovations the school would implement;
(3) An explanation of how implementation of the innovations described in division (A)(2) of this section would affect the school's programs and policies, including any of the following that apply:
(a) The school's educational program;
(b) The length of the school day and the school year;
(c) The school's student promotion policy;
(d) The school's plan for the assessment of students;
(e) The school's budget;
(f) The school's staffing levels.
(4) A description of the improvements in student academic performance that the school expects to achieve by implementing the innovations described in division (A)(2) of this section;
(5) An estimate of the cost savings and increased efficiencies, if any, that the school expects to achieve by implementing the innovations described in division (A)(2) of this section;
(6)
A description of any laws in Title XXXIII of the Revised Code, rules
adopted by the state
board department
of
education
and
workforce,
or requirements enacted by the district board that would need to be
waived to implement the innovations described in division (A)(2) of
this section;
(7) A description of any provisions of a collective bargaining agreement covering personnel of the school that would need to be waived to implement the innovations described in division (A)(2) of this section;
(8) Evidence that a majority of the administrators assigned to the school and a majority of the teachers assigned to the school consent to seeking the designation and a statement of the level of support for seeking the designation demonstrated by other staff working in the school, students enrolled in the school and their parents, and members of the community in which the school is located.
(B) Two or more schools of the district may apply to the district board to be designated as an innovation school zone, if the schools share common interests based on factors such as geographical proximity or similar educational programs or if the schools serve the same classes of students as they advance to higher grade levels. Each application shall include an innovation plan that contains the information prescribed by divisions (A)(1) to (8) of this section for each participating school and the following additional information:
(1) A description of how innovations in the participating schools would be integrated to achieve results that would be less likely to be achieved by each participating school alone;
(2) An estimate of any economies of scale that would be realized by implementing innovations jointly.
Sec.
3302.062. (A)
If a school district board of education approves an application under
division (B)(1) of section 3302.061 of the Revised Code or designates
an innovation school or innovation school zone under division (D) of
that section, the district board shall apply to the state
board department
of
education and
workforce for
designation as a school district of innovation by submitting to the
state
board department
the
innovation plan included in the approved application or created by
the district board.
Within
sixty days after receipt of the application, the state
board department
shall
designate the district as a school district of innovation, unless the
state
board department
determines
that the submitted innovation plan is not financially feasible or
will likely result in decreased academic achievement. If the state
board department
so
determines, it shall provide a written explanation of the basis for
its determination to the district board. If the district is not
designated as a school district of innovation, the district board
shall not implement the innovation plan. However, the district board
may reapply for designation as a school district of innovation at any
time.
(B)
A district board may request the state
board department
to
make a preliminary review of an innovation plan prior to the district
board's formal application for designation as a school district of
innovation. In that case, the state
board department
shall
review the innovation plan and, within sixty days after the request,
recommend to the district board any changes or additions that the
state
board department
believes
will improve the plan, which may include further innovations or
measures to increase the likelihood that the innovations will result
in higher academic achievement. The district board may revise the
innovation plan prior to making formal application for designation as
a school district of innovation.
Sec.
3302.063. (A)
Except as provided in division (B) of this section, upon designation
of a school district of innovation under section 3302.062 of the
Revised Code, the state
board department
of
education and
workforce shall
waive any laws in Title XXXIII of the Revised Code or rules adopted
by the state
board department
that
are specified in the innovation plan submitted by the district board
of education as needing to be waived to implement the plan. The
waiver shall apply only to the school or schools participating in the
innovation plan and shall not apply to the district as a whole,
unless each of the district's schools is a participating school. The
waiver shall cease to apply to a school if the school's designation
as an innovation school is revoked or the innovation school zone in
which the school participates has its designation revoked under
section 3302.065 of the Revised Code, or if the school is removed
from an innovation school zone under that section or section 3302.064
of the Revised Code.
(B)
The state
board department
shall
not waive any law or rule regarding the following:
(1) Funding for school districts under Chapter 3317. of the Revised Code;
(2) The requirements of Chapters 3323. and 3324. of the Revised Code for the provision of services to students with disabilities and gifted students;
(3) Requirements related to the provision of career-technical education that are necessary to comply with federal law or maintenance of effort provisions;
(4) Administration of the assessments prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the Revised Code;
(5) Requirements related to the issuance of report cards and the assignment of performance ratings under section 3302.03 of the Revised Code;
(6) Implementation of the model of differentiated accountability under section 3302.041 of the Revised Code;
(7) Requirements for the reporting of data to the department of education and workforce;
(8) Criminal records checks of school employees;
(9) The requirements of Chapters 3307. and 3309. regarding the retirement systems for teachers and school employees.
(C)
If a district board's revisions to an innovation plan under section
3302.066 of the Revised Code require a waiver of additional laws or
state
board department
rules,
the state
board department
shall
grant a waiver from those laws or rules upon evidence that
administrators and teachers have consented to the revisions as
required by that section.
Sec.
3302.066. A
school district board of education may revise an innovation plan
approved or created under section 3302.061 of the Revised Code, in
collaboration with the school or schools participating in the plan,
to further improve student academic performance. The revisions may
include identifying additional laws in Title XXXIII of the Revised
Code, rules adopted by the state
board department
of
education
and
workforce,
requirements enacted by the district board, or provisions of a
collective bargaining agreement that need to be waived. Any revisions
to an innovation plan shall require the consent, in each school
participating in the plan, of a majority of the administrators
assigned to that school and a majority of the teachers assigned to
that school.
Sec. 3302.068. Not later than the first day of July each year, the department of education and workforce shall issue, and post on its web site, a report on school districts of innovation. The report shall include the following information:
(A) The number of districts designated as school districts of innovation in the preceding school year and the total number of school districts of innovation statewide;
(B) The number of innovation schools in each school district of innovation and the number of district students served by the schools, expressed as a total number and as a percentage of the district's total student population;
(C) The number of innovation school zones in each school district of innovation, the number of schools participating in each zone, and the number of district students served by the participating schools, expressed as a total number and as a percentage of the district's total student population;
(D) An overview of the innovations implemented in innovation schools and innovation school zones;
(E) Data on the academic performance of the students enrolled in an innovation school or an innovation school zone in each school district of innovation, including a comparison of the students' academic performance before and after the district's designation as a school district of innovation;
(F) Recommendations for legislative changes based on the innovations implemented or to enhance the ability of schools and districts to implement innovations.
Sec.
3302.07. (A)
The board of education of any school district, the governing board of
any educational service center, or the administrative authority of
any chartered nonpublic school may submit to the state
board department
of
education and
workforce an
application proposing an innovative education pilot program the
implementation of which requires exemptions from specific statutory
provisions or rules. If a district or service center board employs
teachers under a collective bargaining agreement adopted pursuant to
Chapter 4117. of the Revised Code, any application submitted under
this division shall include the written consent of the teachers'
employee representative designated under division (B) of section
4117.04 of the Revised Code. The exemptions requested in the
application shall be limited to any requirement of Title XXXIII of
the Revised Code or of any rule of the state
board department
adopted
pursuant to that title except that the application may not propose an
exemption from any requirement of or rule adopted pursuant to Chapter
3307. or 3309., sections 3319.07 to 3319.21, or Chapter 3323. of the
Revised Code. Furthermore, an exemption from any operating standard
adopted under division (B)(2) or (D) of section 3301.07 of the
Revised Code shall be granted only pursuant to a waiver granted by
the superintendent
of public instruction director
of education and workforce under
division (O) of that section.
(B)
The state
board of education department
shall
accept any application submitted in accordance with division (A) of
this section. The superintendent
of public instruction director
shall
approve or disapprove the application in accordance with standards
for approval, which shall be adopted by the
state
board
department.
(C)
The superintendent
of public instruction director
shall
exempt each district or service center board or chartered nonpublic
school administrative authority with an application approved under
division (B) of this section for a specified period from the
statutory provisions or rules specified in the approved application.
The period of exemption shall not exceed the period during which the
pilot program proposed in the application is being implemented and a
reasonable period to allow for evaluation of the effectiveness of the
program.
Sec. 3302.09. (A) Whenever the United States department of education makes changes in its policies or rules regarding implementation of the No Child Left Behind Act of 2001, the Ohio department of education and workforce shall submit a written description of those changes to each member of the standing committees on education of the senate and house of representatives.
(B) If the Ohio department of education and workforce plans to change any of its policies or procedures regarding the state's implementation of the No Child Left Behind Act of 2001 based on changes in federal polices or rules described in division (A) of this section, the Ohio department of education and workforce shall submit to each member of the standing committees a written outline of the existing Ohio policy regarding that implementation and a written description of the changes it proposes to make.
(C)
On
and after July 1, 2005, the The
Ohio
department of education
and
workforce
shall
not make any change proposed under division (B) of this section
unless the general assembly has adopted a concurrent resolution
approving the proposed change.
Sec.
3302.10. (A)
The superintendent
of public instruction department
of education and workforce shall
establish an academic distress commission for any school district
that meets one of the following conditions:
(1) The district has for three consecutive years received either of the following:
(a) An overall grade of "F" under division (C)(3) of section 3302.03 of the Revised Code;
(b) An overall performance rating of less than two stars under division (D)(3) of section 3302.03 of the Revised Code.
(2) An academic distress commission established for the district under former section 3302.10 of the Revised Code was still in existence on October 15, 2015, and has been in existence for at least four years.
(B)(1) The academic distress commission shall consist of five members as follows:
(a)
Three members appointed by the state
superintendentdirector
of education and workforce,
one of whom is a resident in the county in which a majority of the
district's territory is located;
(b) One member appointed by the president of the district board of education, who shall be a teacher employed by the district;
(c)
One member appointed by the mayor of the municipality in which a
majority of the district's territory is located or, if no such
municipality exists, by the mayor of a municipality selected by the
state
superintendent director
of education and workforce in
which the district has territory.
Appointments
to the commission shall be made within thirty days after the district
is notified that it is subject to this section. Members of the
commission shall serve at the pleasure of their appointing authority.
The state
superintendent director
shall
designate a chairperson for the commission from among the members
appointed by the state
superintendentdirector.
The chairperson shall call and conduct meetings, set meeting agendas,
and serve as a liaison between the commission and the chief executive
officer appointed under division (C)(1) of this section.
(2) In the case of a school district that meets the condition in division (A)(2) of this section, the academic distress commission established for the district under former section 3302.10 of the Revised Code shall be abolished and a new academic distress commission shall be appointed for the district pursuant to division (B)(1) of this section.
(C)(1)
Within sixty days after the state
superintendent director
has
designated a chairperson for the academic distress commission, the
commission shall appoint a chief executive officer for the district,
who shall be paid by the department of education
and
workforce
and
shall serve at the pleasure of the commission. The individual
appointed as chief executive officer shall have high-level management
experience in the public or private sector. The chief executive
officer shall exercise complete operational, managerial, and
instructional control of the district, which shall include, but shall
not be limited to, the following powers and duties, but the chief
executive officer may delegate, in writing, specific powers or duties
to the district board or district superintendent:
(a) Replacing school administrators and central office staff;
(b) Assigning employees to schools and approving transfers;
(c) Hiring new employees;
(d) Defining employee responsibilities and job descriptions;
(e) Establishing employee compensation;
(f) Allocating teacher class loads;
(g) Conducting employee evaluations;
(h) Making reductions in staff under section 3319.17, 3319.171, or 3319.172 of the Revised Code;
(i) Setting the school calendar;
(j) Creating a budget for the district;
(k) Contracting for services for the district;
(l) Modifying policies and procedures established by the district board;
(m) Establishing grade configurations of schools;
(n) Determining the school curriculum;
(o) Selecting instructional materials and assessments;
(p) Setting class sizes;
(q) Providing for staff professional development.
(2) If an improvement coordinator was previously appointed for the district pursuant to division (A) of section 3302.04 of the Revised Code, that position shall be terminated. However, nothing in this section shall prohibit the chief executive officer from employing the same individual or other staff to perform duties or functions previously performed by the improvement coordinator.
(D)
The academic distress commission, in consultation with the state
superintendent director
of education and workforce and
the chief executive officer, shall be responsible for expanding
high-quality school choice options in the district. The commission,
in consultation with the state
superintendentdirector,
may create an entity to act as a high-quality school accelerator for
schools not operated by the district. The accelerator shall promote
high-quality schools in the district, lead improvement efforts for
underperforming schools, recruit high-quality sponsors for community
schools, attract new high-quality schools to the district, and
increase the overall capacity of schools to deliver a high-quality
education for students. Any accelerator shall be an independent
entity and the chief executive officer shall have no authority over
the accelerator.
(E)(1) Within thirty days after the chief executive officer is appointed, the chief executive officer shall convene a group of community stakeholders. The purpose of the group shall be to develop expectations for academic improvement in the district and to assist the district in building relationships with organizations in the community that can provide needed services to students. Members of the group shall include, but shall not be limited to, educators, civic and business leaders, and representatives of institutions of higher education and government service agencies. Within ninety days after the chief executive officer is appointed, the chief executive officer also shall convene a smaller group of community stakeholders for each school operated by the district to develop expectations for academic improvement in that school. The group convened for each school shall have teachers employed in the school and parents of students enrolled in the school among its members.
(2) The chief executive officer shall create a plan to improve the district's academic performance. In creating the plan, the chief executive officer shall consult with the groups convened under division (E)(1) of this section. The chief executive officer also shall consider the availability of funding to ensure sustainability of the plan. The plan shall establish clear, measurable performance goals for the district and for each school operated by the district. The performance goals shall include, but not be limited to, the performance measures prescribed for report cards issued under section 3302.03 of the Revised Code. Within ninety days after the chief executive officer is appointed, the chief executive officer shall submit the plan to the academic distress commission for approval. Within thirty days after the submission of the plan, the commission shall approve the plan or suggest modifications to the plan that will render it acceptable. If the commission suggests modifications, the chief executive officer may revise the plan before resubmitting it to the commission. The chief executive officer shall resubmit the plan, whether revised or not, within fifteen days after the commission suggests modifications. The commission shall approve the plan within thirty days after the plan is resubmitted. Upon approval of the plan by the commission, the chief executive officer shall implement the plan.
(F) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, if the district board has entered into, modified, renewed, or extended a collective bargaining agreement on or after October 15, 2015, that contains provisions relinquishing one or more of the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code, those provisions are not enforceable and the chief executive officer and the district board shall resume holding those rights or responsibilities as if the district board had not relinquished them in that agreement until such time as both the academic distress commission ceases to exist and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement. For purposes of this section, "collective bargaining agreement" shall include any labor contract or agreement in effect with any applicable bargaining representative. The chief executive officer and the district board are not required to bargain on subjects reserved to the management and direction of the school district, including, but not limited to, the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code. The way in which these subjects and these rights or responsibilities may affect the wages, hours, terms and conditions of employment, or the continuation, modification, or deletion of an existing provision of a collective bargaining agreement is not subject to collective bargaining or effects bargaining under Chapter 4117. of the Revised Code. The provisions of this paragraph apply to a collective bargaining agreement entered into, modified, renewed, or extended on or after October 15, 2015, and those provisions are deemed to be part of that agreement regardless of whether the district satisfied the conditions prescribed in division (A) of this section at the time the district entered into that agreement. If the district board relinquished one or more of the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code in a collective bargaining agreement entered into prior to October 15, 2015, and had resumed holding those rights or responsibilities pursuant to division (K) of former section 3302.10 of the Revised Code, as it existed prior to that date, the district board shall continue to hold those rights or responsibilities until such time as both the new academic distress commission appointed under this section ceases to exist upon completion of the transition period specified in division (N)(1) of this section and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement.
(G) In each school year that the district is subject to this section, the following shall apply:
(1) The chief executive officer shall implement the improvement plan approved under division (E)(2) of this section and shall review the plan annually to determine if changes are needed. The chief executive officer may modify the plan upon the approval of the modifications by the academic distress commission.
(2) The chief executive officer may implement innovative education programs to do any of the following:
(a) Address the physical and mental well-being of students and their families;
(b) Provide mentoring;
(c) Provide job resources;
(d) Disseminate higher education information;
(e) Offer recreational or cultural activities;
(f) Provide any other services that will contribute to a successful learning environment.
The chief executive officer shall establish a separate fund to support innovative education programs and shall deposit any moneys appropriated by the general assembly for the purposes of division (G)(2) of this section in the fund. The chief executive officer shall have sole authority to disburse moneys from the fund until the district is no longer subject to this section. All disbursements shall support the improvement plan approved under division (E)(2) of this section.
(3) If the district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code, each student who is entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code and is enrolled in a school operated by the district or in a community school, or will be both enrolling in any of grades kindergarten through twelve in this state for the first time and at least five years of age by the first day of January of the following school year, shall be eligible to participate in the educational choice scholarship pilot program established under sections 3310.01 to 3310.17 of the Revised Code and an application for the student may be submitted during the next application period.
(4) Notwithstanding anything to the contrary in the Revised Code, the chief executive officer may limit, suspend, or alter any contract with an administrator that is entered into, modified, renewed, or extended by the district board on or after October 15, 2015, provided that the chief executive officer shall not reduce any salary or base hourly rate of pay unless such salary or base hourly rate reductions are part of a uniform plan affecting all district employees and shall not reduce any insurance benefits unless such insurance benefit reductions are also applicable generally to other employees of the district.
(5) The chief executive officer shall represent the district board during any negotiations to modify, renew, or extend a collective bargaining agreement entered into by the board under Chapter 4117. of the Revised Code.
(H) If the report card for the district has been issued under section 3302.03 of the Revised Code for the first school year that the district is subject to this section and the district does not meet the qualification in division (N)(1) of this section, the following shall apply:
(1) The chief executive officer may reconstitute any school operated by the district. The chief executive officer shall present to the academic distress commission a plan that lists each school designated for reconstitution and explains how the chief executive officer plans to reconstitute the school. The chief executive officer may take any of the following actions to reconstitute a school:
(a) Change the mission of the school or the focus of its curriculum;
(b) Replace the school's principal and/or administrative staff;
(c) Replace a majority of the school's staff, including teaching and nonteaching employees;
(d) Contract with a nonprofit or for-profit entity to manage the operations of the school. The contract may provide for the entity to supply all or some of the staff for the school.
(e) Reopen the school as a community school under Chapter 3314. of the Revised Code or a science, technology, engineering, and mathematics school under Chapter 3326. of the Revised Code;
(f) Permanently close the school.
If the chief executive officer plans to reconstitute a school under division (H)(1)(e) or (f) of this section, the commission shall review the plan for that school and either approve or reject it by the thirtieth day of June of the school year. Upon approval of the plan by the commission, the chief executive officer shall reconstitute the school as outlined in the plan.
(2) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the chief executive officer, in consultation with the chairperson of the academic distress commission, may reopen any collective bargaining agreement entered into, modified, renewed, or extended on or after October 15, 2015, for the purpose of renegotiating its terms. The chief executive officer shall have the sole discretion to designate any provisions of a collective bargaining agreement as subject to reopening by providing written notice to the bargaining representative. Any provisions designated for reopening by the chief executive officer shall be subject to collective bargaining as set forth in Chapter 4117. of the Revised Code. Any changes to the provisions subject to reopening shall take effect on the following first day of July or another date agreed to by the parties. The chief executive officer may reopen a collective bargaining agreement under division (H)(2) of this section as necessary to reconstitute a school under division (H)(1) of this section.
(I) If the report card for the district has been issued under section 3302.03 of the Revised Code for the second school year that the district is subject to this section and the district does not meet the qualification in division (N)(1) of this section, the following shall apply:
(1) The chief executive officer may exercise any of the powers authorized under division (H) of this section.
(2) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the chief executive officer may limit, suspend, or alter any provision of a collective bargaining agreement entered into, modified, renewed, or extended on or after October 15, 2015, provided that the chief executive officer shall not reduce any base hourly rate of pay and shall not reduce any insurance benefits. The decision to limit, suspend, or alter any provision of a collective bargaining agreement under this division is not subject to bargaining under Chapter 4117. of the Revised Code; however, the chief executive officer shall have the discretion to engage in effects bargaining on the way any such decision may affect wages, hours, or terms and conditions of employment. The chief executive officer may limit, suspend, or alter a provision of a collective bargaining agreement under division (I)(2) of this section as necessary to reconstitute a school under division (H)(1) of this section.
(J) If the report card for the district has been issued under section 3302.03 of the Revised Code for the third school year that the district is subject to this section and the district does not meet the qualification in division (N)(1) of this section, the following shall apply:
(1) The chief executive officer may exercise any of the powers authorized under division (H) or (I) of this section.
(2) The chief executive officer may continue in effect a limitation, suspension, or alteration of a provision of a collective bargaining agreement issued under division (I)(2) of this section. Any such continuation shall be subject to the requirements and restrictions of that division.
(K) If the report card for the district has been issued under section 3302.03 of the Revised Code for the fourth school year that the district is subject to this section and the district does not meet the qualification in division (N)(1) of this section, the following shall apply:
(1) The chief executive officer may exercise any of the powers authorized under division (H), (I), or (J) of this section.
(2) A new board of education shall be appointed for the district in accordance with section 3302.11 of the Revised Code. However, the chief executive officer shall retain complete operational, managerial, and instructional control of the district until the chief executive officer relinquishes that control to the district board under division (N)(1) of this section.
(L) If the report card for the district has been issued under section 3302.03 of the Revised Code for the fifth school year, or any subsequent school year, that the district is subject to this section and the district does not meet the qualification in division (N)(1) of this section, the chief executive officer may exercise any of the powers authorized under division (H), (I), (J), or (K)(1) of this section.
(M) If division (I), (J), (K), or (L) of this section applies to a district, community schools, STEM schools, chartered nonpublic schools, and other school districts that enroll students residing in the district and meet academic accountability standards shall be eligible to be paid an academic performance bonus in each fiscal year for which the general assembly appropriates funds for that purpose. The academic performance bonus is intended to give students residing in the district access to a high-quality education by encouraging high-quality schools to enroll those students.
(N)(1) When a district subject to this section receives either an overall grade of "C" or higher under division (C)(3) of section 3302.03 of the Revised Code or an overall performance rating of three stars or higher under division (D)(3) of section 3302.03 of the Revised Code, the district shall begin its transition out of being subject to this section. Except as provided in division (N)(2) of this section, the transition period shall last until the district has received either an overall grade higher than "F" under division (C)(3) of section 3302.03 of the Revised Code or an overall performance rating of two stars or higher under division (D)(3) of section 3302.03 of the Revised Code for two consecutive school years after the transition period begins. The overall grade of "C" or higher or overall performance rating of three stars or higher that qualify the district to begin the transition period shall not count as one of the two consecutive school years. During the transition period, the conditions described in divisions (F) to (L) of this section for the school year prior to the school year in which the transition period begins shall continue to apply and the chief executive officer shall work closely with the district board and district superintendent to increase their ability to resume control of the district and sustain the district's academic improvement over time. Upon completion of the transition period, the chief executive officer shall relinquish all operational, managerial, and instructional control of the district to the district board and district superintendent and the academic distress commission shall cease to exist.
(2) If the district receives either an overall grade of "F" under division (C)(3) of section 3302.03 of the Revised Code or an overall performance rating of less than two stars under division (D)(3) of section 3302.03 of the Revised Code at any time during the transition period, the transition period shall end and the district shall be fully subject to this section again. The district shall resume being fully subject to this section at the point it began its transition out of being subject to this section and the division in divisions (H) to (L) of this section that would have applied to the district had the district not qualified to begin its transition under division (N)(1) of this section shall apply to the district.
(O) If at any time there are no longer any schools operated by the district due to reconstitution or other closure of the district's schools under this section, the academic distress commission shall cease to exist and the chief executive officer shall cease to exercise any powers with respect to the district.
(P) Beginning on October 15, 2015, each collective bargaining agreement entered into by a school district board of education under Chapter 4117. of the Revised Code shall incorporate the provisions of this section.
(Q)
The chief executive officer, the members of the academic distress
commission, the state
superintendentdirector
of education and workforce,
and any person authorized to act on behalf of or assist them shall
not be personally liable or subject to any suit, judgment, or claim
for damages resulting from the exercise of or failure to exercise the
powers, duties, and functions granted to them in regard to their
functioning under this section, but the chief executive officer,
commission, state
superintendentdirector,
and such other persons shall be subject to mandamus proceedings to
compel performance of their duties under this section.
(R)
The state
superintendent department
of education and workforce shall
not exempt any district from this section by approving an application
for an innovative education pilot program submitted by the district
under section 3302.07 of the Revised Code.
Sec. 3302.103. (A) This section applies to any school district that meets one of the following conditions:
(1)
An academic distress commission was established for the district in
2013 by
the superintendent of public instruction under
former section 3302.10 of the Revised Code, as it existed prior to
October 15, 2015, and a new academic distress commission was
established for the district by
the state superintendent under
division (A)(2) of section 3302.10 of the Revised Code.
(2)
An academic distress commission was established for the district in
2010 by
the state superintendent under
former section 3302.10 of the Revised Code, as it existed prior to
October 15, 2015, and a new academic distress commission was
established for the district under division (A)(2) of section 3302.10
of the Revised Code.
(3)
An academic distress commission was established for the district by
the state superintendent in
2018 under division (A)(1) of section 3302.10 of the Revised Code.
(B) The auditor of state shall complete a performance audit of a school district to which this section applies one time during the three-year period of the plan implemented under division (D)(2) of this section and submit the results of the audit to the board of education of the school district and the academic distress commission established for the district. The performance audit shall be conducted in the same manner as prescribed by section 3316.042 of the Revised Code.
(C)
Notwithstanding anything to the contrary in the Revised Code, not
later than ninety days after the effective date of this section,
the
district board of a school district to which this section applies, in
consultation with the appropriate stakeholders, the academic distress
commission, and the chief executive officer appointed by that
commission under section 3302.10 of the Revised Code, shall develop
and submit an academic improvement plan for the district to the state
superintendentdepartment
of education and workforce.
The plan developed under division (C) of this section shall operate for a period of three school years and shall include annual and overall academic improvement benchmarks for the district and strategies for achieving those benchmarks.
(D)(1)
The state
superintendent department
shall
review the plan submitted under division (C) of this section. Not
later than thirty days after receiving the plan for review, the state
superintendent department
shall
approve the plan or suggest modifications to the plan. If the state
superintendent department
suggests
modifications, the district board shall revise the plan and resubmit
it within fifteen days after receiving the suggested modifications.
The state
superintendent department
shall
review and approve the plan within thirty days after receiving it.
(2)
Upon approval of the plan by the state
superintendentdepartment,
the district board may begin to prepare to implement the plan, which
shall be in effect from July 1, 2022, to June 30, 2025. The
district's academic distress commission and chief executive officer
shall work with the district in preparing to implement the plan.
(3)
If the district board determines it necessary, it may submit a
request to the state
superintendent department
to
modify the improvement plan during the period of time specified in
division (D)(2) of this section. The improvement plan shall not be
modified without the state
superintendent's department's
approval.
(E)
During the school years that the district is implementing the plan
approved by the state
superintendentdepartment,
the following apply:
(1) The district shall not be subject to section 3302.10 of the Revised Code.
(2) The district board shall reassume all powers granted to it under the Revised Code.
(3) The district's academic distress commission shall continue to exist and provide assistance to the district but shall not have any operational or managerial control of the district.
(4) The chief executive officer appointed by the academic distress commission shall relinquish all operational, managerial, and instructional control of the district and be removed from that position.
The
district board may employ as district superintendent the individual
who previously served as chief executive officer. If the district
board enters into a contract for district superintendent with that
individual while the district is implementing the improvement plan,
the department of
education shall
continue compensating the individual under the terms of the
individual's chief executive officer contract until the district
meets either of the conditions prescribed in division (F)(1)(b) or
(F)(2) of this section. In either event, the district board shall
begin compensating the individual under the terms of the district
board's employment contract with the individual for district
superintendent.
(5)
The district board shall provide annual reports to the state
board of education department
on
the district's progress toward achieving the academic benchmarks
established in the district's improvement plan.
(F)
At the end of three school years under the plan, the district shall
be evaluated by the state
board department
based
on the academic improvement benchmarks established in the plan.
(1)(a)
If the district improves but does not meet at least a majority of the
academic improvement benchmarks established in the improvement plan,
the district board may apply to the state
superintendent department
for
an extension of one school year to continue implementing the plan,
pending approval by the state
superintendentdepartment.
If the district does not meet at least a majority of the established
benchmarks at the end of the extension, the district again may apply
to the state
superintendent department
for
an extension of one school year to continue implementing the plan.
The district shall not apply for an extension more than twice.
(b)
If the district does not meet at least a majority of the academic
improvement benchmarks at the end of five school years under the plan
or if the state
superintendent department
does
not approve a district's application for an extension submitted under
division (F)(1)(a) of this section, the district shall be subject to
section 3302.10 of the Revised Code. The academic distress commission
shall appoint a new chief executive officer for the district as
prescribed in division (C) of that section, and the chief executive
officer shall reassume the powers that were being exercised under
that section prior to July 1, 2022.
(2)
If the district meets at least a majority of the academic improvement
benchmarks established in its improvement plan at the end of the
initial evaluation or, if applicable, after an extension granted by
the state
superintendent department
under
division (F)(1)(a) of this section, the academic distress commission
shall be dissolved, and the district board shall continue exercising
all powers granted to it under the Revised Code.
Sec.
3302.11. (A)
This section applies to any school district that becomes subject to
division (K) of section 3302.10 of the Revised Code, as it exists on
and after
the
effective date of this section
October
15, 2015.
(B)
As used in this section, "mayor" means the mayor of the
municipality in which a majority of the territory of a school
district to which this section applies is located or, if no such
municipality exist, the mayor of a municipality selected by the
superintendent
of public instruction director
of education and workforce in
which the district has territory.
(C) On the first day of January following the date on which this section first applies to a school district, the mayor shall appoint a new five-member board of education for the district from a slate of candidates nominated by the nominating panel established under division (D)(1) of this section.
(D)(1)
Not later than thirty days after the date on which this section first
applies to a school district, the superintendent
of public instruction director
shall
convene a nominating panel to nominate candidates for appointment to
the district board of education. The panel shall consist of the
following members:
(a) Two persons appointed by the mayor, one of whom shall be a representative of the business community or an institution of higher education located in the district;
(b)
One principal employed by the district, who shall be selected by a
vote of the district's principals conducted by the state
superintendentdirector;
(c) One teacher appointed by the bargaining representative for teachers employed by the district;
(d)
One parent of a student enrolled in the district appointed by the
parent-teacher association, or a similar organization selected by the
state
superintendentdirector;
(e) The chairperson of the academic distress commission established for the district under section 3302.10 of the Revised Code and the chief executive officer appointed under division (C)(1) of that section, until such time as the commission ceases to exist.
(2)
The state
superintendent director
shall
be a nonvoting member of the panel and shall serve as chairperson of
the panel for the first two years of the panel's existence. After
that time, the panel shall select one of its members as chairperson.
The panel shall meet as necessary to make nominations at the call of
the chairperson. All members of the panel shall serve at the pleasure
of their appointing authority. A vacancy on the panel shall be filled
in the same manner as the initial appointment.
(E) Not later than thirty days after the nominating panel is convened, the panel shall nominate a slate of at least ten candidates for possible appointment to the district board of education. All candidates shall be residents of the school district and shall hold no elected public office. At least two of the candidates shall reside outside of the municipal corporation served by the mayor, if that municipal corporation does not contain all of the district's territory.
(F) Not later than thirty days after receiving the slate of candidates, the mayor shall select five members from the slate for appointment to the district board of education. Initial members of the board shall take office on the first day of January following their appointment and their terms shall expire on the thirtieth day of June following the referendum election required by division (G)(1) of this section.
(G)(1) At the general election held in the first even-numbered year occurring at least three years after the date on which the academic distress commission established for the district ceases to exist pursuant to division (N)(1) of section 3302.10 of the Revised Code, a referendum election shall be held to determine if the mayor shall continue to appoint the district board of education. Not later than ninety days before the general election, the board of education shall notify the board of elections of each county containing territory of the district of the referendum election. At the general election, the following question shall be submitted to the electors of the district:
"Shall the mayor of... (here insert the name of the applicable municipal corporation) continue to appoint the members of the board of education of the... (here insert the name of the school district to which this section applies)?"
The board of elections of the county in which the majority of the district's territory is located shall make all necessary arrangements for the submission of the question to the electors, and the election shall be conducted, canvassed, and certified in the same manner as regular elections in the district for the election of county officers, provided that in any such election in which only part of the electors of a precinct are qualified to vote, the board of elections may assign voters in such part to an adjoining precinct. Such an assignment may be made to an adjoining precinct in another county with the consent and approval of the board of elections of such other county. Notice of the election shall be published in a newspaper of general circulation in the district once a week for two consecutive weeks, or as provided in section 7.16 of the Revised Code, prior to the election. If the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the question on which the election is being held. The ballot shall be in the form prescribed by the secretary of state. Costs of submitting the question to the electors shall be charged to the district in accordance with section 3501.17 of the Revised Code.
(2) If a majority of the electors voting on the question proposed in division (G)(1) of this section approve the question, the mayor shall appoint a new board of education on the immediately following first day of July from a slate of candidates nominated by the nominating panel in the same manner as the initial board was appointed pursuant to divisions (E) and (F) of this section. Three of the members of the new board shall be appointed to four-year terms and two of the members shall be appointed to two-year terms, each term beginning on the first day of July. Thereafter, the mayor shall appoint members to four-year terms in the same manner prescribed in divisions (E) and (F) of this section. Whenever the nominating panel is required to nominate a slate of candidates, the panel shall nominate at least twice the number of candidates as members to be appointed to the board at that time, including two candidates who reside outside of the municipal corporation served by the mayor, if that municipal corporation does not contain all of the district's territory. Nothing in this division shall preclude the nominating panel from nominating as a candidate a person who was a member of the board prior to the referendum election or shall preclude the mayor from appointing such a person to the new board.
(3) If a majority of the electors voting on the question proposed in division (G)(1) of this section disapprove the question, a new board of education shall be elected at the next regular election occurring in November of an odd-numbered year. The board shall have the same number of members as the board in place prior to the board appointed under this section. At such election, one-half of the total number of members rounded up to the next whole number shall be elected for terms of four years and the remaining members shall be elected for terms of two years. Thereafter, their successors shall be elected in the same manner and for the same terms as provided in the Revised Code for members of boards of education. All members of the board of education appointed under this section shall continue to serve after the end of the terms to which they were appointed until their successors are qualified and assume office in accordance with section 3313.09 of the Revised Code.
(H) All of the following shall apply to a board of education appointed under division (F) or (G)(2) of this section:
(1) At any given time, at least two of the board members shall have significant expertise in education, finance, or business management and at least one member shall reside outside of the municipal corporation served by the mayor, if that municipal corporation does not contain all of the district's territory.
(2) The members of the board shall designate one of its members as the chairperson of the board. The chairperson shall have all the rights, authority, and duties conferred upon the president of a board of education by the Revised Code.
(3) The mayor may remove any member of the board with the advice and consent of the nominating panel.
Sec. 3302.12. (A)(1) Except as provided in divisions (C) and (D) of this section, this section applies to a school building that is ranked according to performance index score under section 3302.21 of the Revised Code in the lowest five per cent of public school buildings statewide for three consecutive years and that meets any combination of the following for three consecutive years:
(a) The school building is declared to be under an academic watch or in a state of academic emergency under section 3302.03 of the Revised Code;
(b) The school building has received a grade of "F" for the value-added progress dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;
(c) The school building has received an overall grade of "F" under section 3302.03 of the Revised Code;
(d) The school building has received a performance rating of one star for progress under division (D)(3)(c) of section 3302.03 of the Revised Code;
(e) The school building has received an overall performance rating of less than two stars under section 3302.03 of the Revised Code.
(2) In the case of a building to which this section applies, the district board of education in control of that building shall do one of the following at the conclusion of the school year in which the building first becomes subject to this section:
(a) Close the school and direct the district superintendent to reassign the students enrolled in the school to other school buildings that demonstrate higher academic achievement;
(b) Contract with another school district or a nonprofit or for-profit entity with a demonstrated record of effectiveness to operate the school;
(c) Replace the principal and all teaching staff of the school and, upon request from the new principal, exempt the school from all requested policies and regulations of the board regarding curriculum and instruction. The board also shall distribute funding to the school in an amount that is at least equal to the product of the per pupil amount of state and local revenues received by the district multiplied by the student population of the school.
(d) Reopen the school as a conversion community school under Chapter 3314. of the Revised Code.
(B)
If an action taken by the board under division (A)(2) of this section
causes the district to no longer maintain all grades kindergarten
through twelve, as required by section 3311.29 of the Revised Code,
the board shall enter into a contract with another school district
pursuant to section 3327.04 of the Revised Code for enrollment of
students in the schools of that other district to the extent
necessary to comply with the requirement of section 3311.29 of the
Revised Code. Notwithstanding any provision of the Revised Code to
the contrary, if the board enters into and maintains a contract under
section 3327.04 of the Revised Code, the district shall not be
considered to have failed to comply with the requirement of section
3311.29 of the Revised Code. If, however, the district board fails to
or is unable to enter into or maintain such a contract, the state
board department
of
education
and
workforce
shall
take all necessary actions to dissolve the district as provided in
division (A) of section 3311.29 of the Revised Code.
(C) If a particular school is required to restructure under this section and a petition with respect to that same school has been filed and verified under divisions (B) and (C) of section 3302.042 of the Revised Code, the provisions of that section and the petition filed and verified under it shall prevail over the provisions of this section and the school shall be restructured under that section. However, if division (D)(1), (2), or (3) of section 3302.042 of the Revised Code also applies to the school, the school shall be subject to restructuring under this section and not section 3302.042 of the Revised Code.
If the provisions of this section conflict in any way with the requirements of federal law, federal law shall prevail over the provisions of this section.
(D) If a school is restructured under this section, section 3302.042 or 3302.10 of the Revised Code, or federal law, the school shall not be required to restructure again under state law for three consecutive years after the implementation of that prior restructuring.
Sec. 3302.13. (A) This section applies to any school district or community school that meets both of the following criteria, as reported on the past two consecutive report cards issued for that district or school under section 3302.03 of the Revised Code:
(1) The district or school received either of the following:
(a) A grade of "D" or "F" on the kindergarten through third-grade literacy progress measure under division (C)(3)(e) of section 3302.03 of the Revised Code;
(b) A performance rating of less than three stars for early literacy under division (D)(3)(e) of section 3302.03 of the Revised Code.
(2) Fifty-one per cent or less of the district's students who took the third grade English language arts assessment prescribed under section 3301.0710 of the Revised Code for that school year attained at least a proficient score on that assessment.
(B)
By December
31, 2016, and by the
thirty-first day of each
December
thereafter
of
each year,
any school district or community school that meets the criteria set
forth in division (A) of this section shall submit to the department
of education
and
workforce
a
school or district reading achievement improvement plan, which shall
include all requirements prescribed by the state
board of education department
pursuant
to division (C) of this section.
(C)
Not
later than December 31, 2014, the state board The
department shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing the content of and deadlines for the reading achievement
improvement plans required under division (B) of this section. The
rules shall prescribe that each plan include, at a minimum, an
analysis of relevant student performance data, measurable student
performance goals, strategies to meet specific student needs, a
staffing and professional development plan, and instructional
strategies for improving literacy.
(D) Any school district or community school to which this section applies shall no longer be required to submit an improvement plan pursuant to division (B) of this section when that district or school meets either of the following criteria, as reported on the most recent report card issued for that district or school under section 3302.03 of the Revised Code:
(1) The district or school received either of the following:
(a) A grade of "C" or higher on the kindergarten through third-grade literacy progress measure under division (C)(3)(e) of section 3302.03 of the Revised Code;
(b) A performance rating of three stars or higher for early literacy under division (D)(3)(e) of section 3302.03 of the Revised Code.
(2) Not less than fifty-one per cent of the district's students who took the third grade English language arts assessment prescribed under section 3301.0710 of the Revised Code for that school year attained at least a proficient score on that assessment.
(E)
The department of
education shall
post in a prominent location on its web site all plans submitted
pursuant to this section.
Sec.
3302.14. The
department of education
and
workforce
annually
shall collect, analyze, and publish data regarding reading
achievement in schools and progress in assisting all students to
become proficient readers. Beginning on January 31, 2015, and on the
thirty-first day of each January thereafter, the department shall
report these findings, in accordance with section 101.68 of the
Revised Code, to the governor,
and
the
general assembly,
and the state board of education.
The report shall include, but not be limited to, both of the
following:
(A) The progress of all students that were on a reading intervention plan at any time during grades kindergarten through four while enrolled in the state's public school system.
(B) The progress of school districts and community schools that are currently operating under a reading achievement improvement plan pursuant to section 3302.13 of the Revised Code, as data is made available.
Sec.
3302.15. (A)
Notwithstanding anything to the contrary in Chapter 3301. or 3302. of
the Revised Code, the board of education of a school district,
governing authority of a community school established under Chapter
3314. of the Revised Code, or governing body of a STEM school
established under Chapter 3326. of the Revised Code may submit to the
superintendent
of public instructiondepartment
of education and workforce,
during the 2015-2016 school year, a request for a waiver for up to
five school years from administering the state achievement
assessments required under sections 3301.0710 and 3301.0712 of the
Revised Code and related requirements specified under division (B)(2)
of this section. A district or school that obtains a waiver under
this section shall use the alternative assessment system, as proposed
by the district or school and as approved by the state
superintendentdepartment,
in place of the assessments required under sections 3301.0710 and
3301.0712 of the Revised Code.
(B)(1) A request for a waiver under this section shall contain the following:
(a) A timeline to develop and implement an alternative assessment system for the district or school;
(b) An overview of the proposed innovative educational programs or strategies to be offered by the district or school;
(c) An overview of the proposed alternative assessment system;
(d) An overview of planning details that have been implemented or proposed and any documented support from educational networks, established educational consultants, state institutions of higher education as defined under section 3345.011 of the Revised Code, and employers or workforce development partners;
(e) An overview of the capacity to implement the alternative assessments, conduct the evaluation of teachers with alternative assessments, and the reporting of student achievement data with alternative assessments for the purpose of the report card ratings prescribed under section 3302.03 of the Revised Code, all of which shall include any prior success in implementing innovative educational programs or strategies, teaching practices, or assessment practices;
(f) An acknowledgement by the district or school of federal funding that may be impacted by obtaining a waiver.
(2) The request for a waiver shall indicate the extent to which exemptions from state or federal requirements regarding the administration of the assessments required under sections 3301.0710 and 3301.0712 of the Revised Code are sought. Such items from which a district or school may be exempt are as follows:
(a) The required administration of state assessments under sections 3301.0710 and 3301.0712 of the Revised Code;
(b) The evaluation of teachers and administrators under sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111 of the Revised Code;
(c) The reporting of student achievement data for the purpose of the report card ratings prescribed under section 3302.03 of the Revised Code.
(C) Each request for a waiver shall include the signature of all of the following:
(1) The superintendent of the school district or the equivalent for a community school or STEM school;
(2) The president of the district board or the equivalent for a community school or STEM school;
(3) The presiding officer of the labor organization representing the district's or school's teachers, if any;
(4) If the district's or school's teachers are not represented by a labor organization, the principal and a majority of the administrators and teachers of the district or school.
(D)
Upon receipt of a request for a waiver, the state
superintendent department
shall
approve or deny the waiver or may request additional information from
the district or school. The state
superintendent department
shall
not grant waivers to more than a total of ten districts, community
schools, or STEM schools, based on requests for a waiver received
during the 2015-2016 school year. A waiver granted to a district or
school shall be contingent on an ongoing review and evaluation by the
state
superintendent department
of
the program for which the waiver was granted.
(E)(1)
For the purpose of this section, the department of
education
shall
seek a waiver from the testing requirements prescribed under the "No
Child Left Behind Act of 2001," if necessary to implement this
section.
(2) The department shall create a mechanism for the comparison of the alternative assessments prescribed under division (B) of this section and the assessments required under sections 3301.0710 and 3301.0712 of the Revised Code as it relates to the evaluation of teachers and student achievement data for the purpose of state report card ratings.
(F) For purposes of this section, "innovative educational program or strategy" means a program or strategy using a new idea or method aimed at increasing student engagement and preparing students to be college or career ready.
Sec. 3302.151. (A) Notwithstanding anything to the contrary in the Revised Code, a school district that qualifies under division (D) of this section shall be exempt from all of the following:
(1) The teacher qualification requirements under the third-grade reading guarantee, as prescribed under divisions (B)(3)(c) and (H) of section 3313.608 of the Revised Code. This exemption does not relieve a teacher from holding a valid Ohio license in a subject area and grade level determined appropriate by the board of education of that district.
(2) The mentoring component of the Ohio teacher residency program established under division (A)(1) of section 3319.223 of the Revised Code, so long as the district utilizes a local approach to train and support new teachers;
(3)
Any provision of the Revised Code or rule or standard of the state
board department
of
education
and
workforce
prescribing
a minimum or maximum class size;
(4)
Any provision of the Revised Code or rule or standard of the state
board department
requiring
teachers to be licensed specifically in the grade level in which they
are teaching, except unless otherwise prescribed by federal law. This
exemption does not apply to special education teachers. Nor does this
exemption relieve a teacher from holding a valid Ohio license in the
subject area in which that teacher is teaching and at least some
grade level determined appropriate by the district board.
(B)(1) Notwithstanding anything to the contrary in the Revised Code, including sections 3319.30 and 3319.36 of the Revised Code, the superintendent of a school district that qualifies under division (D) of this section may employ an individual who is not licensed as required by sections 3319.22 to 3319.30 of the Revised Code, but who is otherwise qualified based on experience, to teach classes in the district, so long as the board of education of the school district approves the individual's employment and provides mentoring and professional development opportunities to that individual, as determined necessary by the board.
(2)
As a condition of employment under this section, an individual shall
be subject to a criminal records check as prescribed by section
3319.391 of the Revised Code. In the manner prescribed by the
department
state
board of
education, the individual shall submit the criminal records check to
the department
state
board and
shall register with the department
state
board during
the period in which the individual is employed by the district. The
department
state
board shall
use the information submitted to enroll the individual in the
retained applicant fingerprint database, established under section
109.5721 of the Revised Code, in the same manner as any teacher
licensed under sections 3319.22 to 3319.31 of the Revised Code.
(3) An individual employed pursuant to this division is subject to Chapter 3307. of the Revised Code.
If
the department
state
board receives
notification of the arrest or conviction of an individual employed
under division (B) of this section, the department
state
board shall
promptly notify the employing district and may take any action
authorized under sections 3319.31 and 3319.311 of the Revised Code
that it considers appropriate. No district shall employ any
individual under division (B) of this section if the district learns
that the individual has plead guilty to, has been found guilty by a
jury or court of, or has been convicted of any of the offenses listed
in division (C) of section 3319.31 of the Revised Code.
(C) Notwithstanding anything to the contrary in the Revised Code, noncompliance with any of the requirements listed in divisions (A) or (B) of this section shall not disqualify a school district that qualifies under division (D) of this section from receiving funds under Chapter 3317. of the Revised Code.
(D) In order for a city, local, or exempted village school district to qualify for the exemptions described in this section, the school district shall meet all of the following benchmarks on the most recent report card issued for that district under section 3302.03 of the Revised Code:
(1) The district received at least eighty-five per cent of the total possible points for the performance index score calculated under division (C)(1)(b) or (D)(1)(c) of that section;
(2) The district received a grade of an "A" for performance indicators met under division (C)(1)(c) of that section. However, division (D)(2) of this section shall not apply for the 2021-2022 school year or any school year thereafter.
(3) The district has a four-year adjusted cohort graduation rate of at least ninety-three per cent and a five-year adjusted cohort graduation rate of at least ninety-five per cent, as calculated under division (C)(1)(d) or divisions (D)(1)(e) and (D)(1)(f) of that section.
(E) A school district that meets the requirements prescribed by division (D) of this section shall be qualified for the exemptions prescribed by this section for three school years, beginning with the school year in which the qualifying report card is issued.
(F) As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
Sec. 3302.17. (A) Any school building operated by a city, exempted village, or local school district, or a community school established under Chapter 3314. of the Revised Code is eligible to initiate the community learning center process as prescribed by this section.
(B) Beginning with the 2015-2016 school year, each district board of education or community school governing authority may initiate a community learning center process for any school building to which this section applies.
First, the board or governing authority shall conduct a public information hearing at each school building to which this section applies to inform the community of the community learning center process. The board or governing authority may do all of the following with regard to the public information hearing:
(1) Announce the meeting not less than forty-five days in advance at the school and on the school's or district's web sites and using tools to ensure effective communication with individuals with disabilities;
(2) Schedule the meeting for an evening or weekend time;
(3) Provide interpretation services and written materials in all languages spoken by five per cent or more of the students enrolled in the school;
(4) Provide child care services for parents attending the meeting;
(5) Provide parents, students, teachers, nonteaching employees, and community members with the opportunity to speak at the meeting;
(6) Comply with section 149.43 of the Revised Code.
In preparing for the public information hearing, the board or governing authority shall ensure that information about the hearing is broadly distributed throughout the community.
The board or governing authority may enter into an agreement with any civic engagement organizations, community organizations, or employee organizations to support the implementation of the community learning center process.
The board or governing authority shall conduct a follow-up hearing at least once annually until action is further taken under the section with respect to the school building or until the conditions described in division (A) of this section no longer apply to the school building.
(C) Not sooner than forty-five days after the first public information hearing, the board or governing authority shall conduct an election, by paper ballot, to initiate the process to become a community learning center. Only parents or guardians of students enrolled in the school and students enrolled in a different school operated by a joint vocational school district but are otherwise entitled to attend the school, and teachers and nonteaching employees who are assigned to the school may vote in the election.
The board or governing authority shall distribute the ballots by mail and shall make copies available at the school and on the web site of the school. The board or governing authority also may distribute the ballots by directly giving ballots to teachers and nonteaching employees and sending home ballots with every student enrolled in the school building.
(D) The board or governing authority shall initiate the transition of the building to a community learning center if the results of the election held under division (C) of this section are as follows:
(1) At least fifty per cent of parents and guardians of students enrolled in the eligible school building and students enrolled in a different building operated by a joint vocational school district but who are entitled to attend the school cast ballots by a date set by the board or governing authority, and of those ballots at least sixty-seven per cent are in favor of initiating the process; and
(2) At least fifty per cent of teachers and nonteaching employees who are assigned to the school cast ballots by a date set by the board or governing authority, and of those ballots at least sixty-seven per cent are in favor of initiating the process.
(E) If a community learning center process is initiated under this section, the board or governing authority shall create a school action team under section 3302.18 of the Revised Code. Within four months upon selection, the school action team shall conduct and complete, in consultation with community partners, a performance audit of the school and review, with parental input, the needs of the school with regard to restructuring under section 3302.10, 3302.12, or 3302.042 of the Revised Code, or federal law.
The school action team shall provide quarterly updates of its work in a public hearing that complies with the same specifications prescribed in division (B) of this section.
(F) Upon completion of the audit and review, the school action team shall present its findings at a public hearing that complies with the same specifications prescribed in division (B) of this section. After the school action team presents its findings at the public hearing, it shall create a community learning center improvement plan that designates appropriate interventions, which may be based on the recommendations developed by the department under division (H)(1)(b) of this section.
If there is a federally mandated school improvement planning process, the team shall coordinate its work with that plan.
The school action team shall approve the plan by a majority vote.
(G) Upon approval of the plan by the school action team, the team shall submit the community learning center improvement plan to the same individuals described in division (C) of this section. Ballots shall be distributed and an election shall be conducted in the same manner as indicated under that division.
The school action team shall submit the plan to the district board of education or community school governing authority, if the results of the election under division (G) of this section are as follows:
(1) At least thirty per cent of parents and guardians of students enrolled in the eligible school building and students enrolled in a different building operated by a joint vocational school district but who are entitled to attend the school cast ballots by a date set by the board or governing authority, and of those ballots at least fifty per cent are in favor of initiating the process; and
(2) At least thirty per cent of teachers and nonteaching employees who are assigned to the school cast ballots by a date set by the board or governing authority, and of those ballots at least fifty per cent are in favor of initiating the process.
The board or governing authority shall evaluate the plan and determine whether to adopt it. The board or governing authority shall adopt the plan in full or adopt portions of the plan. If the board or governing authority does not adopt the plan in full, it shall provide a written explanation of why portions of the plan were rejected.
(H)(1) The department shall do all of the following with respect to this section:
(a) Adopt rules regarding the elections required under this section;
(b) Develop appropriate interventions for a community learning center improvement plan that may be used by a school action team under division (F) of this section;
(c)
Publish a menu of programs and services that may be offered by
community learning centers. The information shall be posted on the
department's web site. To compile this information the department
shall solicit input from resource coordinators of existing community
learning centers;.
(d) Provide information regarding implementation of comprehensive community-based programs and supportive services including the community learning center model to school buildings meeting any of the following conditions:
(i) The building is in improvement status as defined by the "No Child Left Behind Act of 2001" or under an agreement between the Ohio department of education and workforce and the United States secretary of education.
(ii) The building is a secondary school that is among the lowest achieving fifteen per cent of secondary schools statewide, as determined by the department.
(iii) The building is a secondary school with a graduation rate of sixty per cent or lower for three or more consecutive years.
(iv) The building is a school that the department determines is persistently low-performing.
(2) The department may do the following with respect to this section:
(a) Provide assistance, facilitation, and training to school action teams in the conducting of the audit required under this section;
(b) Provide opportunities for members of school action teams from different schools to share school improvement strategies with parents, teachers, and other relevant stakeholders in higher performing schools;
(c) Provide financial support in a school action team's planning process and create a grant program to assist in the implementation of a qualified community learning center plan.
(I)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after
the
effective date of this section
October
15, 2015.
However, the board or governing authority and the teachers' labor
organization may negotiate additional factors to be considered in the
adoption of a community learning center plan.
Sec.
3302.20. (A)
The department of education
and
workforce
shall
develop standards for determining, from the existing data reported in
accordance with sections 3301.0714 and 3314.17 of the Revised Code,
the amount of annual operating expenditures for classroom
instructional purposes and for nonclassroom purposes for each city,
exempted village, local, and joint vocational school district, each
community school established under Chapter 3314. that is not an
internet- or computer-based community school, each internet- or
computer-based community school, and each STEM school established
under Chapter 3326. of the Revised Code. The
department shall present those standards to the state board of
education for consideration. In
developing the standards, the department shall adapt existing
standards used by professional organizations, research organizations,
and other state governments. The department also shall align the
expenditure categories required for reporting under the standards
with the categories that are required for reporting to the United
States department of education under federal law.
The
state board shall consider the proposed standards and adopt a final
set of standards not later than December 31, 2012. School districts,
community schools, and STEM schools shall begin reporting data in
accordance with the standards on June 30, 2013.
(B)(1) The department shall categorize all city, exempted village, and local school districts into not less than three nor more than five groups based primarily on average daily student enrollment as reported on the most recent report card issued for each district under section 3302.03 of the Revised Code.
(2) The department shall categorize all joint vocational school districts into not less than three nor more than five groups based primarily on enrolled ADM as that term is defined in section 3317.02 of the Revised Code rounded to the nearest whole number.
(3) The department shall categorize all community schools that are not internet- or computer-based community schools into not less than three nor more than five groups based primarily on average daily student enrollment as reported on the most recent report card issued for each community school under sections 3302.03 and 3314.012 of the Revised Code or, in the case of a school to which section 3314.017 of the Revised Code applies, on the total number of students reported under divisions (B)(1) and (2) of section 3314.08 of the Revised Code.
(4) The department shall categorize all internet- or computer-based community schools into a single category.
(5) The department shall categorize all STEM schools into a single category.
(C) Using the standards adopted under division (A) of this section and the data reported under sections 3301.0714 and 3314.17 of the Revised Code, the department shall compute annually for each fiscal year, the following:
(1) The percentage of each district's, community school's, or STEM school's total operating budget spent for classroom instructional purposes;
(2) The statewide average percentage for all districts, community schools, and STEM schools combined spent for classroom instructional purposes;
(3) The average percentage for each of the categories of districts and schools established under division (B) of this section spent for classroom instructional purposes;
(4) The ranking of each district, community school, or STEM school within its respective category established under division (B) of this section according to the following:
(a) From highest to lowest percentage spent for classroom instructional purposes;
(b) From lowest to highest percentage spent for noninstructional purposes.
(5) The total operating expenditures per pupil for each district, community school, and STEM school;
(6) The total operating expenditure per equivalent pupils for each district, community school, and STEM school.
(D) In its display of rankings within each category under division (C)(4) of this section, the department shall make the following notations:
(1) Within each category of city, exempted village, and local school districts, the department shall denote each district that is:
(a) Among the twenty per cent of all city, exempted village, and local school districts statewide with the lowest total operating expenditure per equivalent pupils;
(b) Among the twenty per cent of all city, exempted village, and local school districts statewide with the highest performance index scores.
(2) Within each category of joint vocational school districts, the department shall denote each district that is:
(a) Among the twenty per cent of all joint vocational school districts statewide with the lowest total operating expenditure per equivalent pupils;
(b) Among the twenty per cent of all joint vocational school districts statewide with the highest report card scores under section 3302.033 of the Revised Code.
(3) Within each category of community schools that are not internet- or computer-based community schools, the department shall denote each school that is:
(a) Among the twenty per cent of all such community schools statewide with the lowest total operating expenditure per equivalent pupils;
(b) Among the twenty per cent of all such community schools statewide with the highest performance index scores, excluding such community schools to which section 3314.017 of the Revised Code applies.
(4) Within the category of internet- or computer-based community schools, the department shall denote each school that is:
(a) Among the twenty per cent of all such community schools statewide with the lowest total operating expenditure per equivalent pupils;
(b) Among the twenty per cent of all such community schools statewide with the highest performance index scores, excluding such community schools to which section 3314.017 of the Revised Code applies.
(5) Within the category of STEM schools, the department shall denote each school that is:
(a) Among the twenty per cent of all STEM schools statewide with the lowest total operating expenditure per equivalent pupils;
(b) Among the twenty per cent of all STEM schools statewide with the highest performance index scores.
For purposes of divisions (D)(3)(b) and (4)(b) of this section, the display shall note that, in accordance with section 3314.017 of the Revised Code, a performance index score is not reported for some community schools that serve primarily students enrolled in dropout prevention and recovery programs.
(E) The department shall post in a prominent location on its web site the information prescribed by divisions (C) and (D) of this section. The department also shall include on each district's, community school's, and STEM school's annual report card issued under section 3302.03 or 3314.017 of the Revised Code the respective information computed for the district or school under divisions (C)(1) and (4) of this section, the statewide information computed under division (C)(2) of this section, and the information computed for the district's or school's category under division (C)(3) of this section.
(F) As used in this section:
(1) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
(2) A school district's, community school's, or STEM school's performance index score rank is its performance index score rank as computed under section 3302.21 of the Revised Code.
(3) "Expenditure per equivalent pupils" has the same meaning as in section 3302.26 of the Revised Code.
Sec. 3302.21. (A) The department of education and workforce shall develop a system to rank order all city, exempted village, and local school districts, community schools established under Chapter 3314. of the Revised Code except those community schools to which section 3314.017 of the Revised Code applies, and STEM schools established under Chapter 3326. of the Revised Code according to the following measures:
(1)
Performance index score for each school district, community school,
and STEM school and for each separate building of a district,
community school, or STEM school. For districts, schools, or
buildings to which the performance index score does not apply, the
superintendent
of public instruction department
may
develop another measure of student academic performance based on
similar data and performance measures if appropriate and use that
measure to include those buildings in the ranking so that districts,
schools, and buildings may be reliably compared to each other.
(2)
Student performance growth from year to year, using the value-added
progress dimension, if applicable, and other measures of student
performance growth designated by the superintendent
of public instruction department
for
subjects and grades not covered by the value-added progress dimension
or the alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code;
(3) Current operating expenditure per equivalent pupils as defined in section 3302.26 of the Revised Code;
(4) Of total current operating expenditures, percentage spent for classroom instruction as determined under standards adopted by the state board under section 3302.20 of the Revised Code;
(5)
Performance of, and opportunities provided to, students identified as
gifted using value-added progress dimensions, if applicable, and
other relevant measures as designated by the superintendent
of public instructiondepartment.
The department shall rank each district, each community school except a community school to which section 3314.017 of the Revised Code applies, and each STEM school annually in accordance with the system developed under this section.
(B) In addition to the reports required by sections 3302.03 and 3302.031 of the Revised Code, not later than the first day of September each year, the department shall issue a report for each city, exempted village, and local school district, each community school except a community school to which section 3314.017 of the Revised Code applies, and each STEM school indicating the district's or school's rank on each measure described in divisions (A)(1) to (4) of this section, including each separate building's rank among all public school buildings according to performance index score under division (A)(1) of this section.
Sec. 3302.22. (A) The governor's effective and efficient schools recognition program is hereby created. Each year, the governor shall recognize, in a manner deemed appropriate by the governor, the top ten per cent of all public schools in this state, including city, exempted village, and local school districts, joint vocational school districts, community schools established under Chapter 3314., and STEM schools established under Chapter 3326. of the Revised Code.
(B) The top ten per cent of schools shall be determined by the department of education and workforce according to standards established by the department, in consultation with the governor's office of 21st century education. The standards for recognition for each type of school may vary depending upon the unique characteristics of that type of school. The standards shall include, but need not be limited to, both of the following, provided that sufficient data is available for each school:
(1) Student performance, as determined by factors that may include, but not be limited to, performance indicators under section 3302.02 of the Revised Code, report cards issued under section 3302.03 of the Revised Code, performance index score rankings under section 3302.21 of the Revised Code, and any other statewide or national assessment or student performance recognition program the department selects;
(2) Fiscal performance, which may include cost-effective measures taken by the school.
(C) If applicable, the standards under divisions (B)(1) and (2) of this section may be applied at the school building or district level, depending upon the quality and availability of data.
Sec.
3302.25. (A)
In accordance with standards prescribed by the state
board department
of
education and
workforce for
categorization of school district expenditures adopted under division
(A) of section 3302.20 of the Revised Code, the department of
education annually
shall determine all of the following for the previous fiscal year:
(1) For each school district, the ratio of the district's operating expenditures for classroom instructional purposes compared to its operating expenditures for nonclassroom purposes;
(2) For each school district, the per pupil amount of the district's expenditures for classroom instructional purposes;
(3) For each school district, the per pupil amount of the district's operating expenditures for nonclassroom purposes;
(4) For each school district, the percentage of the district's operating expenditures attributable to school district funds;
(5) The statewide average among all school districts for each of the items described in divisions (A)(1) to (4) of this section.
(B) The department annually shall submit a report to each school district indicating the district's information for each of the items described in divisions (A)(1) to (4) of this section and the statewide averages described in division (A)(5) of this section.
(C) Each school district, upon receipt of the report prescribed by division (B) of this section, shall publish the information contained in that report in a prominent location on the district's web site and publish the report in another fashion so that it is available to all parents of students enrolled in the district and to taxpayers of the district.
Sec. 3302.26. (A) As used in this section:
(1) "Expenditure per equivalent pupils" is the total operating expenditures of a school district divided by the measure of equivalent pupils.
(2) "Measure of equivalent pupils" is the total number of students in a school district adjusted for the relative differences in costs associated with the unique characteristics and needs of each category of pupil.
(B) The department of education and workforce shall create a performance management section on the department's public web site. The performance management section shall include information on academic and financial performance metrics for each school district to assist schools and districts in providing an effective and efficient delivery of educational services. The section shall be located in a prominent location on the department's public web site. The section shall include, but not be limited to, all of the following:
(1) A graph that illustrates the relationship between a district's academic performance, as measured by the performance index score, and its expenditure per equivalent pupils as compared to similar districts;
(2) Each district's total operating expenditures per pupil;
(3) Statistics of academic and financial performance measures for each district to allow for a comparison and benchmarking between districts.
(C) The department may contract with an independent organization to develop and host the performance management section of its web site.
Sec. 3302.41. As used in this section, "blended learning" has the same meaning as in section 3301.079 of the Revised Code.
(A) Any local, city, exempted village, or joint vocational school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, college-preparatory boarding school established under Chapter 3328. of the Revised Code, or chartered nonpublic school may operate all or part of a school using a blended learning model. If a school is operated using a blended learning model or is to cease operating using a blended learning model, the superintendent of the school or district or director of the school shall notify the department of education and workforce of that fact not later than the first day of July of the school year for which the change is effective. If any school district school, community school, or STEM school is already operated using a blended learning model on September 24, 2012, the superintendent of the school or district may notify the department within ninety days after September 24, 2012, of that fact and request that the school be classified as a blended learning school.
(B)
The state
board of education department
shall
revise any operating standards for school districts and chartered
nonpublic schools adopted under section 3301.07 of the Revised Code
to include standards for the operation of blended learning under this
section. The blended learning operation standards shall provide for
all of the following:
(1) Student-to-teacher ratios whereby no school or classroom is required to have more than one teacher for every one hundred twenty-five students in blended learning classrooms;
(2) The extent to which the school is or is not obligated to provide students with access to digital learning tools;
(3) The ability of all students, at any grade level, to earn credits or advance grade levels upon demonstrating mastery of knowledge or skills through competency-based learning models. Credits or grade level advancement shall not be based on a minimum number of days or hours in a classroom.
(4) Notwithstanding anything to the contrary in section 3313.48 of the Revised Code, a requirement that the school have an annual instructional calendar of not less than nine hundred ten hours;
(5) Adequate provisions for: the licensing of teachers, administrators, and other professional personnel and their assignment according to training and qualifications; efficient and effective instructional materials and equipment, including library facilities; the proper organization, administration, and supervision of each school, including regulations for preparing all necessary records and reports and the preparation of a statement of policies and objectives for each school; buildings, grounds, and health and sanitary facilities and services; admission of pupils, and such requirements for their promotion from grade to grade as will ensure that they are capable and prepared for the level of study to which they are certified; requirements for graduation; and such other factors as the board finds necessary.
(C) An internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, is not a blended learning school authorized under this section. Nor does this section affect any provisions for the operation of and payments to an internet- or computer-based community school prescribed in Chapter 3314. of the Revised Code.
Sec. 3302.42. As used in this section, "online learning" has the same meaning as in section 3301.079 of the Revised Code.
(A)
Any local, city, exempted village, or joint vocational school
district, with approval of the superintendent
of public instructiondepartment
of education and workforce,
may operate a school using an online learning model. If a school is
operated using an online learning model or is to cease operating
using an online learning model, the superintendent of the district
shall notify the department of
education of
that fact not later than the first day of July of the school year for
which the change is effective. If any school district school is
currently operated using an online learning model on
the
effective date of this section
September
30, 2021,
the superintendent of the district shall notify the department
within
sixty days after the effective date of this section
by
November 29, 2021, of
that fact and request that the school be classified as an online
learning school.
(1) Districts shall assign all students engaged in online learning to a single school which the department shall designate as a district online school.
(2) Districts shall provide all students engaged in online learning a computer, at no cost, for instructional use. Districts shall provide a filtering device or install filtering software that protects against internet access to materials that are obscene or harmful to juveniles on each computer provided to students for instructional use.
(3) Districts shall provide all students engaged in online learning access to the internet, at no cost, for instructional use.
(4)
Districts that operate an online learning school shall provide a
comprehensive orientation for students and their parents or guardians
prior to enrollment or within thirty days for students enrolled as of
the
effective date of this section
September
30, 2021.
(5) Online learning schools operated by a district shall implement a learning management system that tracks the time students participate in online learning activities. All student learning activities completed while off-line shall be documented with all participation records checked and approved by the teacher of record.
(B)
The state
board of education department
shall
revise any operating standards for school districts adopted under
section 3301.07 of the Revised Code to include standards for the
operation of online learning under this section. The online learning
operation standards shall provide for all of the following:
(1) Student-to-teacher ratios whereby no school or classroom is required to have more than one teacher for every one hundred twenty-five students in online learning classrooms;
(2) The ability of all students, at any grade level, to earn credits or advance grade levels upon demonstrating mastery of knowledge or skills through competency-based learning models. Credits or grade level advancement shall not be based on a minimum number of days or hours in a classroom.
(3) Notwithstanding anything to the contrary in section 3313.48 of the Revised Code, a requirement that schools operating using an online learning model have an annual instructional calendar of not less than nine hundred ten hours.
(a) For funding purposes, the department shall reduce the full-time equivalence proportionally for any student in an online learning school who participates in less than nine hundred ten hours per school year. The department shall reduce state funding for students assigned to an online learning school operated by a district commensurate with such adjustments to enrollment.
(b) The department shall develop a review process and make all adjustments of state funding to districts to reflect any participation of students in online learning schools for less than the equivalent of a full school year.
(4) Adequate provisions for: the licensing of teachers, administrators, and other professional personnel and their assignment according to training and qualifications; efficient and effective instructional materials and equipment, including library facilities; the proper organization, administration, and supervision of each school, including regulations for preparing all necessary records and reports and the preparation of a statement of policies and objectives for each school; buildings, grounds, and health and sanitary facilities and services; admission of pupils, and such requirements for their promotion from grade to grade as will ensure that they are capable and prepared for the level of study to which they are certified; requirements for graduation; and such other factors as the board finds necessary.
(C) This section does not affect any provisions for the operation of and payments to an internet- or computer-based community school prescribed in Chapter 3314. of the Revised Code.
Sec.
3303.02. (A)
The act of congress entitled, "An act to provide for the
promotion of vocational education; to provide for cooperation with
the states in the promotion of such education in agriculture and the
trades and industries; to provide for cooperation with the states in
the preparation of teachers of vocational subjects; and to
appropriate money and regulate its expenditure," is hereby
accepted. The state
board department
of
education and
workforce has
authority to accept supplementary acts for vocational education which
are enacted by congress after September 16, 1957.
(B)
The state
board of education department
shall
be the sole state agency for administration of programs for which
federal funds are received pursuant to acts accepted under this
section. This division does not apply to programs for which federal
funds are received pursuant to the "Job Training Partnership
Act," 96 Stat. 1322 (1982), 29 U.S.C. 1501.
(C)
The state
board department
shall
secure the written approval of the governor prior to submission of
any state plan or application prepared by the
board or the
department of
education to
obtain federal funds under any acts accepted under this section.
Sec.
3303.04. The
state
board department
of
education and
workforce may
cooperate with the United States department of education in the
administration of the act of congress referred to in section 3303.02
of the Revised Code and of any legislation pursuant thereto enacted
by the state, and in the administration of the funds provided by the
federal government and by the state under sections 3303.02 to 3303.06
of the Revised Code, for the improvement of agricultural, business,
distributive, trade and industrial and home economics subjects, and
vocational guidance. The board
department
of education and workforce may
appoint such directors, supervisors, and other assistants as are
necessary to carry out such sections,
such appointments to be made upon nomination by the superintendent of
public instruction.
The salaries and traveling expenses of such directors, supervisors,
and assistants, and such other expenses as are necessary, shall be
paid upon the approval of the
board
department
of education and workforce.
The board
department
of education and workforce may
formulate plans for the promotion of vocational education in such
subjects as an essential and integral part of the public school
system of education; and provide for the preparation of teachers of
such subjects, and expend federal and state funds appropriated under
sections 3303.02 to 3303.06 of the Revised Code, for any purposes
approved by the United States department of education. It may make
studies and investigations relating to prevocational and vocational
education in such subjects; promote and aid in the establishment by
local communities of schools, departments, and classes, giving
training in such subjects; cooperate with local communities in the
maintenance of such schools, departments, and classes; establish
standards for the teachers, supervisors, and directors of such
subjects; and cooperate in the maintenance of schools, departments,
or classes supported and controlled by the public for the preparation
of teachers, supervisors, and directors of such subjects.
Sec.
3303.05. Any
school, department, or class giving instruction in agricultural,
commercial, industrial, trade, and home economics subjects approved
by the state
board department
of
education
and
workforce
and
any school or college so approved, training teachers of such
subjects, which receives the benefit of federal moneys is entitled
also to receive for the salaries of teachers of said subjects an
allotment of state money equal in amount to the amount of federal
money which it receives for the same year.
Sec.
3303.06. The
treasurer of state is hereby designated as the custodian of all
federal funds received for vocational education. All money so
received or appropriated by the state for the purposes contemplated
in the act of congress referred to in sections 3303.02 to 3303.06 of
the Revised Code, or in acts supplementary thereto, shall be
disbursed upon the order of the state
board department
of
education
and
workforce.
Sec.
3303.20. The
superintendent
of public instruction director
of education and workforce shall
appoint a supervisor of agricultural education within the department
of education
and
workforce.
The supervisor shall be responsible for administering and
disseminating to school districts information about agricultural
education. The supervisor also may serve as the chair of the board of
trustees of the Ohio FFA association, and may assist with the
association's programs and activities in a manner that enables the
association to maintain its state charter and to meet applicable
requirements of the United States department of education and the
national FFA organization. This assistance may include the provision
of department personnel, services, and facilities.
The department shall maintain an appropriate number of full-time employees focusing on agricultural education. The department shall employ at least three program consultants who shall be available to provide assistance to school districts on a regional basis throughout the state. At least one consultant may coordinate local activities of the student organization known as the future farmers of America. Department employees may not receive compensation from the Ohio FFA association, but the department may be reimbursed by the association for reasonable expenses related to assistance provided under this section.
Sec. 3304.12. (A) There is hereby created a state rehabilitation services council to be known as the opportunities for Ohioans with disabilities council. The opportunities for Ohioans with disabilities agency shall provide administrative support to the council. The council shall consist of the following members:
(1) An individual who represents a parent training and information center established in accordance with the federal "Individuals with Disabilities Education Act," 20 U.S.C. 1400;
(2) A full-time employee of a client assistance program described in 34 C.F.R. 370.1;
(3) A vocational counselor who has knowledge of and experience with vocational rehabilitation services;
(4) An individual who represents community rehabilitation program service providers;
(5) Four individuals each representing business, industry, or labor interests;
(6) An individual who represents an organization that advocates on behalf of individuals with physical, cognitive, sensory, or mental disabilities;
(7) An individual who represents individuals with disabilities who are unable to represent or have difficulty representing themselves;
(8) An individual who has applied for or received vocational rehabilitation services;
(9) An individual who represents institutions of secondary or higher education;
(10) An individual from the governor's executive workforce board established by section 6301.04 of the Revised Code;
(11) An individual from the department of education and workforce with knowledge of and experience with the "Individuals with Disabilities Education Act";
(12) An individual who represents the Ohio statewide independent living council.
A majority of the members of the council shall be individuals with disabilities who are not employed by the opportunities for Ohioans with disabilities agency.
The executive director of the opportunities for Ohioans with disabilities agency shall serve as a nonvoting member of the council. If a member of the council is an employee of the opportunities for Ohioans with disabilities agency, then that member also shall serve as a nonvoting member of the council.
(B)(1)
All council members shall be appointed by the governor. The governor
shall make initial appointments to the council not later than sixty
days after
the
effective date of this section
June
1, 2018.
Of the initial appointments, five shall be for terms of three years,
five for terms of two years, and five for terms of one year.
Thereafter, terms shall be three years.
(2) When a term expires or a vacancy occurs before a term expires, a successor member shall be appointed. A member appointed to fill a vacancy occurring before the expiration of a term for which the member's predecessor was appointed shall hold office for the remainder of that term.
(3) Except for the member described in division (A)(2) of this section and the executive director of the opportunities for Ohioans with disabilities agency, no person shall serve more than two consecutive terms on the council. Terms shall be considered consecutive unless they are separated by a period of three or more years. In determining a person's eligibility to serve on the council under this division, both of the following shall apply:
(a) Time spent on the council while serving the remainder of an unexpired term to which another person was first appointed shall not be considered, provided that a period of at least three years passed between the time, if any, in which the person previously served on the council and the time the person is appointed to fulfill the unexpired term.
(b) A person who is appointed to serve on the council at the beginning of a term and resigns before completing that term shall be considered to have served the full term.
(C) Each member of the council shall serve without compensation, except to the extent that serving on the council is considered part of the member's regular duties of employment. Each member shall be reimbursed for actual expenses incurred in the performance of the member's official duties, including expenses for travel and personal assistance services.
Sec. 3307.01. As used in this chapter:
(A) "Employer" means the board of education, school district, governing authority of any community school established under Chapter 3314. of the Revised Code, a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code, college, university, institution, or other agency within the state by which a teacher is employed and paid.
(B)(1) "Teacher" means all of the following:
(a) Any person paid from public funds and employed in the public schools of the state under any type of contract described in section 3311.77 or 3319.08 of the Revised Code in a position for which the person is required to have a license or registration issued pursuant to sections 3319.22 to 3319.31 of the Revised Code;
(b) Except as provided in division (B)(2)(b) or (c) of this section, any person employed as a teacher or faculty member in a community school or a science, technology, engineering, and mathematics school pursuant to Chapter 3314. or 3326. of the Revised Code;
(c)
Any person having a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as determined
by the state
board department
of
education
and
workforce,
under programs provided for by federal acts or regulations and
financed in whole or in part from federal funds, but for which no
licensure requirements for the position can be made under the
provisions of such federal acts or regulations;
(d) Any other teacher or faculty member employed in any school, college, university, institution, or other agency wholly controlled and managed, and supported in whole or in part, by the state or any political subdivision thereof, including Central state university, Cleveland state university, and the university of Toledo;
(e)
The educational employees of the department of education
and
workforce,
as determined by the
state
superintendent of public instruction
director
of education and workforce;
(f) Any person having a registration issued pursuant to section 3301.28 of the Revised Code and employed as a tutor by the coordinating service center as defined in that section.
In all cases of doubt, the state teachers retirement board shall determine whether any person is a teacher, and its decision shall be final.
(2) "Teacher" does not include any of the following:
(a) Any eligible employee of a public institution of higher education, as defined in section 3305.01 of the Revised Code, who elects to participate in an alternative retirement plan established under Chapter 3305. of the Revised Code;
(b) Any person employed by a community school operator, as defined in section 3314.02 of the Revised Code, if on or before February 1, 2016, the school's operator was withholding and paying employee and employer taxes pursuant to 26 U.S.C. 3101(a) and 3111(a) for persons employed in the school as teachers, unless the person had contributing service in a community school in the state within one year prior to the later of February 1, 2016, or the date on which the operator for the first time withholds and pays employee and employer taxes pursuant to 26 U.S.C. 3101(a) and 3111(a) for that person;
(c) Any person who would otherwise be a teacher under division (B)(2)(b) of this section who terminates employment with a community school operator and has no contributing service in a community school in the state for a period of at least one year from the date of termination of employment.
(C) "Member" means any person included in the membership of the state teachers retirement system, which shall consist of all teachers and contributors as defined in divisions (B) and (D) of this section and all disability benefit recipients, as defined in section 3307.50 of the Revised Code. However, for purposes of this chapter, the following persons shall not be considered members:
(1) A student, intern, or resident who is not a member while employed part-time by a school, college, or university at which the student, intern, or resident is regularly attending classes;
(2) A person denied membership pursuant to section 3307.24 of the Revised Code;
(3) An other system retirant, as defined in section 3307.35 of the Revised Code, or a superannuate;
(4) An individual employed in a program established pursuant to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. 1501;
(5) The surviving spouse of a member or retirant if the surviving spouse's only connection to the retirement system is an account in an STRS defined contribution plan.
(D) "Contributor" means any person who has an account in the teachers' savings fund or defined contribution fund, except that "contributor" does not mean a member or retirant's surviving spouse with an account in an STRS defined contribution plan.
(E) "Beneficiary" means any person eligible to receive, or in receipt of, a retirement allowance or other benefit provided by this chapter.
(F) "Year" means the year beginning the first day of July and ending with the thirtieth day of June next following, except that for the purpose of determining final average salary under the plan described in sections 3307.50 to 3307.79 of the Revised Code, "year" may mean the contract year.
(G) "Local district pension system" means any school teachers pension fund created in any school district of the state in accordance with the laws of the state prior to September 1, 1920.
(H) "Employer contribution" means the amount paid by an employer, as determined by the employer rate, including the normal and deficiency rates, contributions, and funds wherever used in this chapter.
(I) "Five years of service credit" means employment covered under this chapter and employment covered under a former retirement plan operated, recognized, or endorsed by a college, institute, university, or political subdivision of this state prior to coverage under this chapter.
(J) "Actuary" means an actuarial professional contracted with or employed by the state teachers retirement board, who shall be either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least one person is a member of the American academy of actuaries.
(K) "Fiduciary" means a person who does any of the following:
(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;
(2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in the administration of the system.
(L)(1)(a) Except as provided in this division, "compensation" means all salary, wages, and other earnings paid to a teacher by reason of the teacher's employment, including compensation paid pursuant to a supplemental contract. The salary, wages, and other earnings shall be determined prior to determination of the amount required to be contributed to the teachers' savings fund or defined contribution fund under section 3307.26 of the Revised Code and without regard to whether any of the salary, wages, or other earnings are treated as deferred income for federal income tax purposes.
(b) Except as provided in division (L)(1)(c) of this section, "compensation" includes amounts paid by an employer as a retroactive payment of earnings, damages, or back pay pursuant to a court order, court-adopted settlement agreement, or other settlement agreement if the retirement system receives both of the following:
(i) Teacher and employer contributions under sections 3307.26 and 3307.28 of the Revised Code, plus interest compounded annually at a rate determined by the state teachers retirement board, for each year or portion of a year for which amounts are paid under the order or agreement;
(ii) Teacher and employer contributions under sections 3307.26 and 3307.28 of the Revised Code, plus interest compounded annually at a rate determined by the board, for each year or portion of a year not subject to division (L)(1)(b)(i) of this section for which the board determines the teacher was improperly paid, regardless of the teacher's ability to recover on such amounts improperly paid.
(c) If any portion of an amount paid by an employer as a retroactive payment of earnings, damages, or back pay is for an amount, benefit, or payment described in division (L)(2) of this section, that portion of the amount is not compensation under this section.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal leave, including payments made under a plan established pursuant to section 124.39 of the Revised Code or any other plan established by the employer;
(b) Payments made for accrued but unused vacation leave, including payments made pursuant to section 124.13 of the Revised Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent periods for which other salary, compensation, or benefits under this chapter or Chapter 145. or 3309. of the Revised Code are paid;
(d) Amounts paid by the employer to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the teacher or the teacher's family, or amounts paid by the employer to the teacher in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the employer, use of the employer's property or equipment, and reimbursement for job-related expenses authorized by the employer, including moving and travel expenses and expenses related to professional development;
(f) Payments made by the employer in exchange for a member's waiver of a right to receive any payment, amount, or benefit described in division (L)(2) of this section;
(g) Payments by the employer for services not actually rendered;
(h) Any amount paid by the employer as a retroactive increase in salary, wages, or other earnings, unless the increase is one of the following:
(i) A retroactive increase paid to a member employed by a school district board of education in a position that requires a license designated for teaching and not designated for being an administrator issued under section 3319.22 of the Revised Code that is paid in accordance with uniform criteria applicable to all members employed by the board in positions requiring the licenses;
(ii) A retroactive increase paid to a member employed by a school district board of education in a position that requires a license designated for being an administrator issued under section 3319.22 of the Revised Code that is paid in accordance with uniform criteria applicable to all members employed by the board in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by a school district board of education as a superintendent that is also paid as described in division (L)(2)(h)(i) of this section;
(iv) A retroactive increase paid to a member employed by an employer other than a school district board of education in accordance with uniform criteria applicable to all members employed by the employer.
(i) Payments made to or on behalf of a teacher that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended. For a teacher who first establishes membership before July 1, 1996, the annual compensation that may be taken into account by the retirement system shall be determined under division (d)(3) of section 13212 of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.
(j) Payments made under division (B), (C), or (E) of section 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the 119th general assembly, Section 3 of Amended Substitute Senate Bill No. 164 of the 124th general assembly, or Amended Substitute House Bill No. 405 of the 124th general assembly;
(k) Anything of value received by the teacher that is based on or attributable to retirement or an agreement to retire.
(3) The retirement board shall determine both of the following:
(a) Whether particular forms of earnings are included in any of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this division is to be included in compensation.
Decisions of the board made under this division shall be final.
(M) "Superannuate" means both of the following:
(1) A former teacher receiving from the system a retirement allowance under section 3307.58 or 3307.59 of the Revised Code;
(2) A former teacher receiving a benefit from the system under a plan established under section 3307.81 of the Revised Code, except that "superannuate" does not include a former teacher who is receiving a benefit based on disability under a plan established under section 3307.81 of the Revised Code.
For purposes of sections 3307.35 and 3307.353 of the Revised Code, "superannuate" also means a former teacher receiving from the system a combined service retirement benefit paid in accordance with section 3307.57 of the Revised Code, regardless of which retirement system is paying the benefit.
(N) "STRS defined benefit plan" means the plan described in sections 3307.50 to 3307.79 of the Revised Code.
(O) "STRS defined contribution plan" means the plans established under section 3307.81 of the Revised Code and includes the STRS combined plan under that section.
(P) "Faculty" means the teaching staff of a university, college, or school, including any academic administrators.
Sec. 3307.05. The state teachers retirement board shall consist of the following members:
(A)
The superintendent
of public instruction director
of education and workforce or
a designee of the superintendent
director
who
has the following qualifications:
(1) The designee is a resident of this state.
(2) Within the three years immediately preceding the appointment, the designee has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.
(3) The designee has direct experience in the management, analysis, supervision, or investment of assets.
(B) One member, known as the treasurer of state's investment designee, who shall be appointed by the treasurer of state for a term of four years and have the following qualifications:
(1) The member is a resident of this state.
(2) Within the three years immediately preceding the appointment, the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including management, analysis, supervision, or investment of assets.
(3) The member has direct experience in the management, analysis, supervision, or investment of assets.
(4) The member is not currently employed by the state or a political subdivision of the state.
(C) Two members, known as the investment expert members, who shall be appointed for four-year terms. One investment expert member shall be appointed by the governor, and one investment expert member shall be jointly appointed by the speaker of the house of representatives and the president of the senate. Each investment expert member shall have the following qualifications:
(1) Each member shall be a resident of this state.
(2) Within the three years immediately preceding the appointment, each member shall not have been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.
(3) Each member shall have direct experience in the management, analysis, supervision, or investment of assets.
Any investment expert member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office until the end of such term. The member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
(D) Five members, known as contributing members, who shall be members of the state teachers retirement system;
(E) Two former members of the system, known as retired teacher members, who shall be superannuates who are not otherwise employed in positions requiring them to make contributions to the system.
Sec.
3307.31. (A)
Payments by boards of education and governing authorities of
community schools to the state teachers retirement system, as
provided in sections 3307.29 and 3307.291 of the Revised Code, shall
be made from the amount allocated under Chapter 3317. of the Revised
Code prior to its distribution to the individual school districts or
community schools. The amount due from each school district or
community school shall be certified by the secretary of the system to
the superintendent
of public instruction department
of education and workforce monthly,
or at such times as may be determined by the state teachers
retirement board.
The
superintendent
department
shall
deduct, from the amount allocated to each district or community
school under Chapter 3317. of the Revised Code, the entire amounts
due to the system from such district or school upon the certification
to the superintendent
department
by
the secretary thereof.
The
superintendent
department
shall
certify to the director of budget and management the amounts thus due
the system for payment.
(B) Payments to the state teachers retirement system by a science, technology, engineering, and mathematics school shall be deducted from the amount allocated under section 3317.022 of the Revised Code and shall be made in the same manner as payments by boards of education under this section.
Sec. 3309.011. "Employee" as defined in division (B) of section 3309.01 of the Revised Code, does not include any of the following:
(A)
Any person having a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as determined
by the state
board department
of
education
and
workforce,
under programs provided for by federal acts or regulations and
financed in whole or in part from federal funds, but for which no
licensure requirements for the position can be made under the
provisions of such federal acts or regulations;
(B) Any person who participates in an alternative retirement plan established under Chapter 3305. of the Revised Code;
(C) Any person who elects to transfer from the school employees retirement system to the public employees retirement system under section 3309.312 of the Revised Code;
(D) Any person whose full-time employment by the university of Akron as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code commences on or after September 16, 1998;
(E) Any person described in division (B) of section 3309.013 of the Revised Code;
(F) Any person described in division (D) of section 145.011 of the Revised Code;
(G) Any person described in division (B)(1)(b) of section 3307.01 of the Revised Code.
Sec. 3309.48. Any employee who left the service of an employer after attaining age sixty-five or over and such employer had failed or refused to deduct and transmit to the school employees retirement system the employee contributions as required by section 3309.47 of the Revised Code during any year for which membership was compulsory as determined by the school employees retirement board, shall be granted service credit without cost, which shall be considered as total service credit for the purposes of meeting the qualifications for service retirement provided by the law in effect on and retroactive to the first eligible retirement date following the date such employment terminated, but shall not be paid until formal application for such allowance on a form provided by the retirement board is received in the office of the retirement system. The total service credit granted under this section shall not exceed ten years for any such employee.
The
liability incurred by the retirement board because of the service
credit granted under this section shall be determined by the
retirement board, the cost of which shall be equal to an amount that
is determined by applying the combined employee and employer rates of
contribution against the compensation of such employee at the rates
of contribution and maximum salary provisions in effect during such
employment for each year for which credit is granted, together with
interest at the rate to be credited accumulated contributions at
retirement, compounded annually from the first day of the month
payment was due the retirement system to and including the month of
deposit, the total amount of which shall be collected from the
employer. Such amounts shall be certified by the retirement board to
the superintendent
of public instruction, who department
of education and workforce, which shall
deduct the amount due the system from any funds due the affected
school district under Chapter 3317. of the Revised Code. The
superintendent
department
shall
certify to the director of budget and management the amount due the
system for payment. The total amount paid shall be deposited into the
employers' trust fund, and shall not be considered as accumulated
contributions of the employee in the event of the employee's death or
withdrawal of funds.
Sec. 3309.491. (A) An actuary employed by the school employees retirement board shall annually determine the minimum annual compensation amount for each member that will be needed to fund the cost of providing future health care benefits under section 3309.69 of the Revised Code. The amount determined by the actuary under this division shall be approved by the board and shall be known as the "minimum compensation amount."
(B)(1) The secretary of the school employees retirement board shall annually determine for each employer the "employer minimum compensation contribution."
Subject to division (B)(2) of this section, the amount determined shall be the lesser of the following:
(a) An amount equal to two per cent of the compensation of all members employed by the employer during the prior year;
(b) The total of the amounts determined as follows for each member whose compensation for the prior year was less than the minimum compensation amount:
(i) Subtract the member's compensation for the prior year from the minimum compensation amount;
(ii) Multiply the remainder obtained under division (B)(1)(b)(i) of this section by one, or if the member earned less than a year's service credit for the prior year, by the same fraction as the fraction of a year's service credit credited to the member under section 3309.30 of the Revised Code;
(iii) Multiply the product obtained under division (B)(1)(b)(ii) of this section by the employer contribution rate in effect for the year the service credit was earned.
(2) If the total of the employer minimum contribution amounts determined under division (B)(1) of this section exceeds one and one-half per cent of the compensation of all members employed by employers required to pay the employer minimum compensation contribution, the school employees retirement board shall reduce the amount determined for each employer so that the total amount determined does not exceed one and one-half per cent of the compensation of all members employed by employers required to pay the employer minimum compensation contribution. Any reduction shall be applied to each employer in the same proportion as the employer's minimum compensation contribution bears to the total employer minimum compensation contribution.
(C) The secretary shall annually certify to each employer the employer minimum compensation contribution determined under division (B) of this section. In addition to the employer contribution required by section 3309.49 of the Revised Code, each employer shall pay annually to the employers' trust fund the amount certified to the employer under this division.
(D)
Annually by the first day of August, the secretary shall submit to
the superintendent
of public instruction department
of education and workforce a
list of the payments made by each employer under this section during
the preceding fiscal year.
Sec. 3309.51. (A) Each employer shall pay into the employers' trust fund, monthly or at such times as the school employees retirement board requires, an amount certified by the school employees retirement board, which shall be as required by Chapter 3309. of the Revised Code.
Payments
by school district boards of education to the employers' trust fund
of the school employees retirement system may be made from the
amounts allocated under Chapter 3317. of the Revised Code prior to
their distribution to the individual school districts. The amount due
from each school district may be certified by the secretary of the
system to the superintendent
of public instruction department
of education and workforce monthly,
or at such times as is determined by the school employees retirement
board.
Payments
by governing authorities of community schools to the employers' trust
fund of the school employees retirement system shall be made from the
amounts allocated under section 3317.022 of the Revised Code prior to
their distribution to the individual community schools. The amount
due from each community school shall be certified by the secretary of
the system to the superintendent
of public instruction department
monthly,
or at such times as determined by the school employees retirement
board.
Payments
by a science, technology, engineering, and mathematics school to the
employers' trust fund of the school employees retirement system shall
be made from the amounts allocated under section 3317.022 of the
Revised Code prior to their distribution to the school. The amount
due from a science, technology, engineering, and mathematics school
shall be certified by the secretary of the school employees
retirement system to the superintendent
of public instruction department
monthly,
or at such times as determined by the school employees retirement
board.
(B)
The superintendent
department
shall
deduct from the amount allocated to each community school, to each
school district, or to each science, technology, engineering, and
mathematics school under Chapter 3317. of the Revised Code the entire
amounts due to the school employees retirement system from such
school or school district upon the certification to the
superintendent
department
by
the secretary thereof.
(C)
Where an employer fails or has failed or refuses to make payments to
the employers' trust fund, as provided for under Chapter 3309. of the
Revised Code, or fails to pay any penalty imposed under section
3309.571 of the Revised Code the secretary of the school employees
retirement system may certify to the state
superintendent of public instructiondepartment,
monthly or at such times as is determined by the school employees
retirement board, the amount due from such employer, and the
superintendent
department
shall
deduct from the amount allocated to the employer under Chapter 3317.
of the Revised Code, the entire amounts due to the system from the
employer upon the certification to the superintendent
department
by
the secretary of the school employees retirement system.
(D)
The superintendent
department
shall
certify to the director of budget and management the amounts thus due
the system for payment.
Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the Revised Code:
(A)
"Chartered nonpublic school" means a nonpublic school that
holds a valid charter issued by the state
board director
of
education and
workforce under
section 3301.16 of the Revised Code and meets the standards
established for such schools in rules adopted by the
state
board
director.
(B) An "eligible student" is a student who satisfies the conditions specified in section 3310.03 or 3310.032 of the Revised Code.
(C) "Parent" has the same meaning as in section 3313.98 of the Revised Code.
(D) "Resident district" means the school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(E) "School year" has the same meaning as in section 3313.62 of the Revised Code.
Sec. 3310.02. The educational choice scholarship pilot program is hereby established. Under the program, the department of education and workforce annually shall pay scholarships to attend chartered nonpublic schools in accordance with section 3317.022 of the Revised Code.
Sec. 3310.03. For the 2021-2022 school year and each school year thereafter, subject to division (G) of this section, a student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code, the student satisfies one of the conditions in division (A), (B), or (C) of this section, and the student maintains eligibility to receive a scholarship under division (D) of this section.
However, any student who received a scholarship for the 2020-2021 school year under this section, as it existed prior to March 2, 2021, shall continue to receive that scholarship until the student completes grade twelve, as long as the student maintains eligibility to receive a scholarship under division (D) of this section.
(A)(1) A student is eligible for a scholarship if the student is enrolled in a school building operated by the student's resident district and to which both of the following apply:
(a) The building was ranked in the lowest twenty per cent of all buildings operated by city, local, and exempted village school districts according to performance index score as determined by the department of education and workforce, as follows:
(i) For a scholarship sought for the 2021-2022 or 2022-2023 school year, the building was ranked in the lowest twenty per cent of buildings for each of the 2017-2018 and 2018-2019 school years.
(ii) For a scholarship sought for the 2023-2024 school year, the building was ranked in the lowest twenty per cent of buildings for each of the 2018-2019 and 2021-2022 school years.
(iii) For a scholarship sought for the 2024-2025 school year, the building was ranked in the lowest twenty per cent of buildings for each of the 2021-2022 and 2022-2023 school years.
(iv) For a scholarship sought for the 2025-2026 school year or any school year thereafter, the building was ranked in the lowest twenty per cent of buildings for at least two of the three most recent consecutive rankings issued prior to the first day of July of the school year for which a scholarship is sought.
(b) The building is operated by a school district in which, for the three consecutive school years prior to the school year for which a scholarship is sought, an average of twenty per cent or more of the students entitled to attend school in the district, under section 3313.64 or 3313.65 of the Revised Code, were qualified to be included in the formula to distribute funds under Title I of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.
When ranking school buildings under division (A)(1) of this section, the department shall not include buildings operated by a school district in which the pilot project scholarship program is operating in accordance with sections 3313.974 to 3313.979 of the Revised Code.
(2) A student is eligible for a scholarship if the student will be enrolling in any of grades kindergarten through twelve in this state for the first time in the school year for which a scholarship is sought, will be at least five years of age, as defined in section 3321.01 of the Revised Code, by the first day of January of the school year for which a scholarship is sought, and otherwise would be assigned under section 3319.01 of the Revised Code in the school year for which a scholarship is sought, to a school building described in division (A)(1) of this section.
(3) A student is eligible for a scholarship if the student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1) of this section.
(4) A student is eligible for a scholarship if the student is enrolled in a school building operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1) of this section in the school year for which the scholarship is sought.
(5) A student is eligible for a scholarship if the student was enrolled in a public or nonpublic school or was homeschooled in the prior school year and completed any of grades eight through eleven in that school year and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1) of this section in the school year for which the scholarship is sought.
(B)
A student is eligible for a scholarship if the student is enrolled in
a nonpublic school at the time the school is granted a charter by the
state
board director
of
education and
workforce under
section 3301.16 of the Revised Code and the student meets the
standards of division (B) of section 3310.031 of the Revised Code.
(C) A student is eligible for a scholarship if the student's resident district is subject to section 3302.10 of the Revised Code and the student either:
(1) Is enrolled in a school building operated by the resident district or in a community school established under Chapter 3314. of the Revised Code;
(2) Will be both enrolling in any of grades kindergarten through twelve in this state for the first time and at least five years of age by the first day of January of the school year for which a scholarship is sought.
(D) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply:
(1) The student's resident district remains the same, or the student transfers to a new resident district and otherwise would be assigned in the new resident district to a school building described in division (A)(1) or (C) of this section.
(2) The student takes each assessment prescribed for the student's grade level under section 3301.0710, 3301.0712, or 3313.619 of the Revised Code while enrolled in a chartered nonpublic school, unless one of the following applies to the student:
(a) The student is excused from taking that assessment under federal law, the student's individualized education program, or division (C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(b) The student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) or (L)(4) of section 3301.0711 of the Revised Code.
(c) The student is enrolled in any of grades three to eight and takes an alternative standardized assessment under division (K)(1) of section 3301.0711 of the Revised Code.
(d) The student is excused from taking the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code pursuant to division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than twenty days that the school is open for instruction, not including excused absences.
(E)(1) The department shall cease awarding first-time scholarships pursuant to divisions (A)(1) to (5) of this section with respect to a school building that, in the most recent ratings of school buildings under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (A)(1) of this section.
(2) The department shall cease awarding first-time scholarships pursuant to division (C) of this section with respect to a school district subject to section 3302.10 of the Revised Code when the academic distress commission established for the district ceases to exist.
(3) However, students who have received scholarships in the prior school year remain eligible students pursuant to division (D) of this section.
(F)
The state
board of education department
shall
adopt rules defining excused absences for purposes of division (D)(3)
of this section.
(G) Notwithstanding anything to the contrary in this section or section 3310.031 of the Revised Code, a student shall not be required to be enrolled or enrolling in a school building operated by the student's resident district or a community school in order to be eligible for a scholarship, as follows:
(1) For a scholarship sought for the 2021-2022 school year, a student entering any of grades kindergarten through two;
(2) For a scholarship sought for the 2022-2023 school year, a student entering any of grades kindergarten through four;
(3) For a scholarship sought for the 2023-2024 school year, a student entering any of grades kindergarten through six;
(4) For a scholarship sought for the 2024-2025 school year, a student entering any of grades kindergarten through eight;
(5) For a scholarship sought for the 2025-2026 school year, and each school year thereafter, a student entering any of grades kindergarten through twelve.
Sec.
3310.031. (A)
The state
board department
of
education
and
workforce
shall
adopt rules under section 3310.17 of the Revised Code establishing
procedures for granting educational choice scholarships to eligible
students attending a nonpublic school at the time the state
board director
of education and workforce grants
the school a charter under section 3301.16 of the Revised Code. The
procedures shall include at least the following:
(1) Provisions for extending the application period for scholarships for the following school year, if necessary due to the timing of the award of the nonpublic school's charter, in order for students enrolled in the school at the time the charter is granted to apply for scholarships for the following school year;
(2) Provisions for notifying the resident districts of the nonpublic school's students that the nonpublic school has been granted a charter and that educational choice scholarships may be awarded to the school's students for the following school year.
(B)
A student who is enrolled in a nonpublic school at the time the
school's charter is granted is an eligible student if either
of the following applies:
(1)
For a scholarship sought for the 2020-2021 school year, the student
satisfies division (B) of this section as it existed prior to the
effective date of this amendment and any related condition prescribed
by section 3310.03 of the Revised Code, as it existed prior to the
effective date of this amendment.
(2)
For a scholarship sought for the 2021-2022 school year or any school
year thereafter, the
student satisfies any of the following conditions:
(a)
(1)
At
the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a school building
operated by the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and, for the
current or following school year, the student otherwise would be
assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of section 3310.03 of the
Revised Code.
(b)
(2)
The
student was not enrolled in any public or other nonpublic school
before the student enrolled in the nonpublic school and, for the
current or following school year, otherwise would be assigned under
section 3319.01 of the Revised Code to a school building described in
division (A)(1) of section 3310.03 of the Revised Code.
(c)
(3)
At
the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a school building
operated by the student's resident district and, during that school
year, the building met the conditions described in division (A)(1) of
section 3310.03 of the Revised Code.
(d)
(4)
At
the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a community school
established under Chapter 3314. of the Revised Code but otherwise
would have been assigned under section 3319.01 of the Revised Code to
a school building that, during that school year, met the conditions
described in division (A)(1) of section 3310.03 of the Revised Code.
Sec. 3310.032. (A) A student is an "eligible student" for purposes of the expansion of the educational choice scholarship pilot program under this section if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code, the student is not eligible for an educational choice scholarship under section 3310.03 of the Revised Code, and either of the following apply:
(1) The student's family income is at or below two hundred fifty per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code, when the student applies for a scholarship under this section.
(2) The student's sibling, as defined in section 3310.033 of the Revised Code, receives a scholarship under this section for at least one of the following:
(a) For the school year immediately prior to the school year for which the student is seeking a scholarship;
(b) For the school year for which the student is seeking a scholarship.
(B) In each fiscal year for which the general assembly appropriates funds for purposes of this section, the department of education and workforce shall pay scholarships to attend chartered nonpublic schools in accordance with section 3317.022 of the Revised Code. The number of scholarships awarded under this section shall not exceed the number that can be funded for that school year as authorized by the general assembly.
(C) Scholarships under this section shall be awarded as follows:
(1) For the 2013-2014 school year, to eligible students who are entering kindergarten in that school year for the first time;
(2) For each subsequent school year through the 2019-2020 school year, scholarships shall be awarded to eligible students in the next grade level above the highest grade level awarded in the preceding school year, in addition to the grade levels for which students received scholarships in the preceding school year;
(3) Beginning with the 2020-2021 school year, to eligible students who are entering any of grades kindergarten through twelve in that school year for the first time.
(D) If the number of eligible students who apply for a scholarship under this section exceeds the scholarships available based on the appropriation for this section, the department shall award scholarships in the following order of priority:
(1) First, to eligible students who received scholarships under this section in the prior school year;
(2) Second, to eligible students with family incomes at or below one hundred per cent of the federal poverty guidelines. If the number of students described in division (D)(2) of this section who apply for a scholarship exceeds the number of available scholarships after awards are made under division (D)(1) of this section, the department shall select students described in division (D)(2) of this section by lot to receive any remaining scholarships.
(3) Third, to other eligible students who qualify under this section. If the number of students described in division (D)(3) of this section exceeds the number of available scholarships after awards are made under divisions (D)(1) and (2) of this section, the department shall select students described in division (D)(3) of this section by lot to receive any remaining scholarships.
(E) A student who receives a scholarship under this section remains an eligible student and may continue to receive scholarships under this section in subsequent school years until the student completes grade twelve, so long as the student satisfies the conditions specified in divisions (D)(2) and (3) of section 3310.03 of the Revised Code.
Once a scholarship is awarded under this section, the student shall remain eligible for that scholarship for the current school year and subsequent school years even if the student's family income rises above the amount specified in division (A) of this section, provided the student remains enrolled in a chartered nonpublic school.
Sec. 3310.033. (A) As used in this section:
(1) "Foster child" means a child placed with a foster caregiver, as defined in section 5103.02 of the Revised Code.
(2) "Qualifying student" means a student who is not entitled to attend school under section 3313.64 or 3313.65 of the Revised Code in a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(4) "Sibling" means any of the following:
(a) A brother, half-brother, sister, or half-sister by birth, marriage, or adoption;
(b) A cousin by birth, marriage, or adoption who is residing in the same household;
(c) A foster child who is residing in the same household, including a child who is subsequently adopted by the child's foster family;
(d) A child residing in the same household who is placed with a guardian or legal custodian;
(e) A child who is residing in the same household and is being cared for by a kinship caregiver;
(f) Any other child under eighteen years of age who has resided in the same household for at least forty-five consecutive days within the last calendar year.
(5) "Caretaker" means the parent of a minor child or a relative acting in the parent's place. "Caretaker" also means another responsible adult who has care of the child and in whose household the child resides and, if not for residing in that household, the child would be homeless or likely to be homeless.
(B) Notwithstanding anything in the Revised Code to the contrary, a qualifying student shall be eligible for an educational choice scholarship under section 3310.03 of the Revised Code, regardless of whether the student is enrolled in a school building described in division (A)(1) or (C) of that section, if any of the following apply:
(1) The student's sibling received an educational choice scholarship under section 3310.03 of the Revised Code for the school year immediately prior to the school year for which the student is seeking a scholarship;
(2) The student is a foster child;
(3) The student is a child placed with a guardian, legal custodian, or kinship caregiver;
(4) The student is not a child placed with a guardian, legal custodian, or kinship caregiver, but has resided in the same household as such a child for at least forty-five consecutive days within the last calendar year;
(5) The student is not a foster child, but resides in a home that has received certification under section 5103.03 of the Revised Code;
(6) The student satisfies all of the following conditions:
(a) The student is not a foster child or a student described in division (B)(4) of this section.
(b) The student has resided in the household of an individual who is not the student's parent or guardian for at least forty-five consecutive days within the last calendar year and, if not for residing in that household, the student would have been homeless.
(c) The student's parent or guardian resides in this state.
(7) The student is not a child described in division (B)(6) of this section, but has resided in the same household as a child described in that division for at least forty-five consecutive days within the last calendar year.
(C) A student who receives an educational choice scholarship under this section remains eligible for that scholarship and may continue to receive a scholarship in subsequent school years until the student completes grade twelve, so long as the student satisfies the conditions specified in divisions (D)(2) and (3) of section 3310.03 of the Revised Code.
(D) The department of education and workforce may request any individual applying for a scholarship under this section on behalf of a qualifying student to provide appropriate documentation, as defined by the department, that the student meets the eligibility qualifications prescribed under this section. In the case of a student who qualifies under division (B)(6) of this section, such documentation shall be provided by the student's parent, guardian, or caretaker.
Sec. 3310.036. If a student is eligible for an educational choice scholarship under section 3310.03 of the Revised Code for a school year as of the first day of February prior to that school year, that student's eligibility for a scholarship for that school year shall not change solely because, after the first day of February, the department of education and workforce changes the internal retrieval number of the school building in which the student is enrolled or would otherwise be assigned.
Sec. 3310.07. (A) Any parent, or any student who is at least eighteen years of age, who is seeking a scholarship under the educational choice scholarship pilot program shall notify the department of education and workforce of the student's and parent's names and address, the chartered nonpublic school in which the student has been accepted for enrollment, and the tuition charged by the school.
(B) Not later than February 1, 2022, the department shall establish a system under which any parent, or any student who is at least eighteen years of age, may provide the department with a student's address and, not later than ten days after receiving the address, the department shall notify the parent, or student, using regular mail or electronic mail whether the student is eligible for an educational choice scholarship under section 3310.03 of the Revised Code. The student's resident district shall not be permitted to object to a student's eligibility for an educational choice scholarship under that section if the department's system determines the student is eligible.
For the purposes of division (B) of this section, not later than the first day of January of each year, each school district that has a school building described in division (A)(1) or (C) of section 3310.03 of the Revised Code shall submit to the department, in the manner prescribed by the department, the attendance zone for students assigned to that building.
Sec. 3310.11. (A) Only for the purpose of administering the educational choice scholarship pilot program, the department of education and workforce may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any student who is seeking a scholarship under the program:
(1) The student's resident district;
(2) If applicable, the community school in which that student is enrolled;
(3) The independent contractor engaged to create and maintain student data verification codes.
(B) Upon a request by the department under division (A) of this section for the data verification code of a student seeking a scholarship or a request by the student's parent for that code, the school district or community school shall submit that code to the department or parent in the manner specified by the department. If the student has not been assigned a code, because the student will be entering kindergarten during the school year for which the scholarship is sought, the district shall assign a code to that student and submit the code to the department or parent by a date specified by the department. If the district does not assign a code to the student by the specified date, the department shall assign a code to that student.
The department annually shall submit to each school district the name and data verification code of each student residing in the district who is entering kindergarten, who has been awarded a scholarship under the program, and for whom the department has assigned a code under this division.
(C) For the purpose of administering the applicable assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code, as required by section 3310.14 of the Revised Code, the department shall provide to each chartered nonpublic school that enrolls a scholarship student the data verification code for that student.
(D) The department and each chartered nonpublic school that receives a data verification code under this section shall not release that code to any person except as provided by law.
Any document relative to this program that the department holds in its files that contains both a student's name or other personally identifiable information and the student's data verification code shall not be a public record under section 149.43 of the Revised Code.
Sec. 3310.13. (A) No chartered nonpublic school shall charge any student whose family income is at or below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code, a tuition fee that is greater than the total amount paid for that student under section 3317.022 of the Revised Code.
(B) A chartered nonpublic school may charge any other student who is paid a scholarship under that section up to the difference between the amount of the scholarship and the regular tuition charge of the school. Each chartered nonpublic school may permit such an eligible student's family to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school's tuition not covered by the scholarship paid under section 3317.022 of the Revised Code.
(C) Each chartered nonpublic school that charges a scholarship student an additional amount as authorized under division (B) of this section shall annually report to the department of education and workforce in the manner prescribed by the department the following:
(1) The number of students charged;
(2) The average of the amounts charged to such students.
Sec. 3310.14. (A) Except as provided in division (B) of this section, each chartered nonpublic school that is not subject to division (K)(1) of section 3301.0711 of the Revised Code and enrolls students awarded scholarships under sections 3310.01 to 3310.17 of the Revised Code annually shall administer the assessments prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, to each scholarship student enrolled in the school in accordance with section 3301.0711 of the Revised Code. Each chartered nonpublic school that is subject to this section shall report to the department of education and workforce the results of each assessment administered to each scholarship student under this section.
Nothing in this section requires a chartered nonpublic school to administer any achievement assessment, except for an Ohio graduation test prescribed by division (B)(1) of section 3301.0710 or the college and work ready assessment system prescribed by division (B) of section 3301.0712 of the Revised Code to any student enrolled in the school who is not a scholarship student.
(B) A chartered nonpublic school that meets the conditions specified in division (K)(2) of section 3301.0711 of the Revised Code shall not be required to administer the elementary assessments prescribed by division (A) of section 3301.0710 of the Revised Code.
Sec. 3310.15. (A) The department of education and workforce annually shall compile the scores attained by scholarship students to whom an assessment is administered under section 3310.14 of the Revised Code. The scores shall be aggregated as follows:
(1) By state, which shall include all students awarded a scholarship under the educational choice scholarship pilot program and who were required to take an assessment under section 3310.14 of the Revised Code;
(2) By school district, which shall include all scholarship students who were required to take an assessment under section 3310.14 of the Revised Code and for whom the district is the student's resident district;
(3) By chartered nonpublic school, which shall include all scholarship students enrolled in that school who were required to take an assessment under section 3310.14 of the Revised Code.
(B) The department shall disaggregate the student performance data described in division (A) of this section according to the following categories:
(1) Grade level;
(2) Race and ethnicity;
(3) Gender;
(4) Students who have participated in the scholarship program for three or more years;
(5) Students who have participated in the scholarship program for more than one year and less than three years;
(6) Students who have participated in the scholarship program for one year or less;
(7) Economically disadvantaged students.
(C) The department shall post the student performance data required under divisions (A) and (B) of this section on its web site and, by the first day of February each year, shall distribute that data to the parent of each eligible student. In reporting student performance data under this division, the department shall not include any data that is statistically unreliable or that could result in the identification of individual students. For this purpose, the department shall not report performance data for any group that contains less than ten students.
(D) The department shall provide the parent of each scholarship student with information comparing the student's performance on the assessments administered under section 3310.14 of the Revised Code with the average performance of similar students enrolled in the building operated by the student's resident district that the scholarship student would otherwise attend. In calculating the performance of similar students, the department shall consider age, grade, race and ethnicity, gender, and socioeconomic status.
Sec. 3310.16. (A) For the 2020-2021 school year and each school year thereafter, the department of education and workforce shall accept, process, and award scholarships each year for the educational choice scholarship pilot program under sections 3310.03 and 3310.032 of the Revised Code, as follows:
(1)
The application period shall open on the first day of February prior
to the first day of July of the school year for which a scholarship
is sought. Not later than forty-five days after an applicant submits
to the department of education
and
workforce
a
completed application, the department of
education
shall
determine whether that applicant is eligible for a scholarship and
notify the applicant whether or not the applicant is eligible. The
department of
education
shall
award a scholarship to each student with an approved application.
However, for any application submitted after the beginning of the
school year, the department of
education shall
prorate the amount of the awarded scholarship based on how much of
the school year remains.
(2)
In each school year, the department of
education shall
accept applications for conditional approval of a scholarship sought
for that year or the next school year. Not later than five days after
receiving an application under this division, the department of
education shall
grant conditional approval to an applicant who is eligible for a
scholarship and notify the applicant whether or not conditional
approval is granted.
(B) If the department determines an application submitted under this section contains an error or deficiency, the department shall notify the applicant who submitted that application not later than fourteen days after the application is submitted.
(C) The departments of education and workforce, job and family services, and taxation shall enter into a data sharing agreement so that, in administering this section, the department of education and workforce shall be able to determine, based on the address provided in a student's application, whether that student is eligible for an educational choice scholarship under section 3310.03 of the Revised Code and whether the student meets the residency requirements for an educational choice scholarship under section 3310.032 of the Revised Code.
(D) No city, local, or exempted village school district shall have access to an application submitted under this section.
Sec.
3310.17. (A)
The state
board department
of
education
and
workforce
shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing procedures for the administration of the educational
choice scholarship pilot program.
(B)
The
state
board and the
department
of
education
shall
not require chartered nonpublic schools to comply with any education
laws or rules or other requirements that are not specified in
sections 3310.01 to 3310.17 of the Revised Code or in rules necessary
for the administration of the program, adopted under division (A) of
this section, and that otherwise would not apply to a chartered
nonpublic school.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the child's parent owes fees for the services provided to the child:
(a) A school district that is not the school district in which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(3) "Formula ADM" has the same meaning as in section 3317.02 of the Revised Code.
(4) "Preschool child with a disability" and "individualized education program" have the same meanings as in section 3323.01 of the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of the Revised Code, except that "parent" does not mean a parent whose custodial rights have been terminated. "Parent" also includes the custodian of a qualified special education child, when a court has granted temporary, legal, or permanent custody of the child to an individual other than either of the natural or adoptive parents of the child or to a government agency.
(6) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic. A child who has been identified as having a "pervasive developmental disorder - not otherwise specified (PPD-NOS)" shall be considered to be an autistic child for purposes of this section.
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(c) The child either:
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(7) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the department of education and workforce to participate in the program established under this section.
(8) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
(B)
There is hereby established the autism scholarship program. Under the
program, the department of
education shall
pay a scholarship under section 3317.022 of the Revised Code to the
parent of each qualified special education child upon application of
that parent pursuant to procedures and deadlines established by rule
of the
state
board of education
department.
Each scholarship shall be used only to pay tuition for the child on
whose behalf the scholarship is awarded to attend a special education
program that implements the child's individualized education program
and that is operated by an alternative public provider or by a
registered private provider, and to pay for other services agreed to
by the provider and the parent of a qualified special education child
that are not included in the individualized education program but are
associated with educating the child. Upon agreement with the parent
of a qualified special education child, the alternative public
provider or the registered private provider may modify the services
provided to the child. The purpose of the scholarship is to permit
the parent of a qualified special education child the choice to send
the child to a special education program, instead of the one operated
by or for the school district in which the child is entitled to
attend school, to receive the services prescribed in the child's
individualized education program once the individualized education
program is finalized and any other services agreed to by the provider
and the parent of a qualified special education child. The services
provided under the scholarship shall include an educational component
or services designed to assist the child to benefit from the child's
education.
A
scholarship under this section shall not be awarded to the parent of
a child while the child's individualized education program is being
developed by the school district in which the child is entitled to
attend school, or while any administrative or judicial mediation or
proceedings with respect to the content of the child's individualized
education program are pending. A scholarship under this section shall
not be used for a child to attend a public special education program
that operates under a contract, compact, or other bilateral agreement
between the school district in which the child is entitled to attend
school and another school district or other public provider, or for a
child to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the state
board department
shall
prohibit a parent whose child attends a public special education
program under a contract, compact, or other bilateral agreement, or a
parent whose child attends a community school, from applying for and
accepting a scholarship under this section so that the parent may
withdraw the child from that program or community school and use the
scholarship for the child to attend a special education program for
which the parent is required to pay for services for the child.
Except for development of the child's individualized education program, the school district in which a qualified special education child is entitled to attend school and the child's school district of residence, as defined in section 3323.01 of the Revised Code, if different, are not obligated to provide the child with a free appropriate public education under Chapter 3323. of the Revised Code for as long as the child continues to attend the special education program operated by either an alternative public provider or a registered private provider for which a scholarship is awarded under the autism scholarship program. If at any time, the eligible applicant for the child decides no longer to accept scholarship payments and enrolls the child in the special education program of the school district in which the child is entitled to attend school, that district shall provide the child with a free appropriate public education under Chapter 3323. of the Revised Code.
A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C) As prescribed in division (A)(2)(h) of section 3317.03 of the Revised Code, a child who is not a preschool child with a disability for whom a scholarship is awarded under this section shall be counted in the formula ADM of the district in which the child is entitled to attend school and not in the formula ADM of any other school district.
(D)
A scholarship shall not be paid under section 3317.022 of the Revised
Code to a parent for payment of tuition owed to a nonpublic entity
unless that entity is a registered private provider. The department
shall approve entities that meet the standards established by rule of
the state
board department
for
the program established under this section.
(E)
The state
board department
shall
adopt rules under Chapter 119. of the Revised Code prescribing
procedures necessary to implement this section, including, but not
limited to, procedures and deadlines for parents to apply for
scholarships, standards for registered private providers, and
procedures for approval of entities as registered private providers.
The rules also shall specify that intervention services under the autism scholarship program may be provided by a qualified, credentialed provider, including, but not limited to, all of the following:
(1) A behavior analyst certified by a nationally recognized organization that certifies behavior analysts;
(2) A psychologist licensed to practice in this state under Chapter 4732. of the Revised Code;
(3) An independent school psychologist or school psychologist licensed to practice in this state under Chapter 4732. of the Revised Code;
(4) Any person employed by a licensed psychologist, licensed independent school psychologist, or licensed school psychologist, while carrying out specific tasks, under the licensee's supervision, as an extension of the licensee's legal and ethical authority as specified under Chapter 4732. of the Revised Code who is ascribed as "psychology trainee," "psychology assistant," "psychology intern," or other appropriate term that clearly implies their supervised or training status;
(5)
Unlicensed persons holding a doctoral degree in psychology or special
education from a program approved by the
state
board
department;
(6)
Any other qualified individual as determined by the
state
board
department.
(F) The department shall provide reasonable notice to all parents of children receiving a scholarship under the autism scholarship program, alternative public providers, and registered private providers of any amendment to a rule governing, or change in the administration of, the autism scholarship program.
Sec. 3310.411. Any registered private provider approved to participate in the autism scholarship program and any of its employees shall be subject to a criminal records check as specified in sections 109.57 and 109.572 of the Revised Code. The registered private provider shall submit the results of any records checks to the department of education and workforce. The department shall use the information submitted to enroll the individual for whom a records check is completed in the retained applicant fingerprint database, established under section 109.5721 of the Revised Code, in the same manner as any teacher licensed under sections 3319.22 to 3319.31 of the Revised Code.
Sec. 3310.42. (A) Only for the purpose of administering the autism scholarship program, the department of education and workforce may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any child who is seeking a scholarship under the program:
(1) The school district in which the child is entitled to attend school;
(2) If applicable, the community school in which the child is enrolled;
(3) The independent contractor engaged to create and maintain data verification codes.
(B) Upon a request by the department under division (A) of this section for the data verification code of a child seeking a scholarship or a request by the child's parent for that code, the school district or community school shall submit that code to the department or parent in the manner specified by the department. If the child has not been assigned a code, because the child will be entering preschool or kindergarten during the school year for which the scholarship is sought, the district shall assign a code to that child and submit the code to the department or parent by a date specified by the department. If the district does not assign a code to the child by the specified date, the department shall assign a code to the child.
The department annually shall submit to each school district the name and data verification code of each child residing in the district who is entering preschool or kindergarten, who has been awarded a scholarship under the program, and for whom the department has assigned a code under this division.
(C) The department shall not release any data verification code that it receives under this section to any person except as provided by law.
(D) Any document relative to the autism scholarship program that the department holds in its files that contains both a child's name or other personally identifiable information and the child's data verification code shall not be a public record under section 149.43 of the Revised Code.
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the Revised Code:
(A) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the eligible applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in which the child is entitled to attend school or the child's school district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized education program" have the same meanings as in section 3323.01 of the Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a qualified special education child, except as otherwise specified in this division. When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment, or when the natural or adoptive parents of the student are living separate and apart under a legal separation decree, and a court has issued an order allocating the parental rights and responsibilities with respect to the child, "eligible applicant" means the residential parent as designated by the court. If the court issues a shared parenting decree, "eligible applicant" means either parent. "Eligible applicant" does not mean a parent whose custodial rights have been terminated.
(2) The custodian of a qualified special education child, when a court has granted temporary, legal, or permanent custody of the child to an individual other than either of the natural or adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child, when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education child, when the grandparent is the child's attorney in fact under a power of attorney executed under sections 3109.51 to 3109.62 of the Revised Code or when the grandparent has executed a caretaker authorization affidavit under sections 3109.65 to 3109.73 of the Revised Code;
(5) The surrogate parent appointed for a qualified special education child pursuant to division (B) of section 3323.05 and section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does not have a custodian or guardian and the child is at least eighteen years of age.
(D) "Entitled to attend school" means entitled to attend school in a school district under sections 3313.64 and 3313.65 of the Revised Code.
(E) "Formula ADM" has the same meaning as in section 3317.02 of the Revised Code.
(F) "Qualified special education child" is a child for whom all of the following conditions apply:
(1) The child is at least five years of age and less than twenty-two years of age.
(2) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has identified the child as a child with a disability.
(3) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(4) The child either:
(a) Was enrolled in the schools of the school district in which the child is entitled to attend school in any grade from kindergarten through twelve in the school year prior to the school year in which a scholarship is first sought for the child;
(b) Is eligible to enter school in any grade kindergarten through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship is first sought for the child.
(5) The department of education and workforce has not approved a scholarship for the child under the educational choice scholarship pilot program, under sections 3310.01 to 3310.17 of the Revised Code, the autism scholarship program, under section 3310.41 of the Revised Code, or the pilot project scholarship program, under sections 3313.974 to 3313.979 of the Revised Code for the same school year in which a scholarship under the Jon Peterson special needs scholarship program is sought.
(6) The child and the child's parents are in compliance with the state compulsory attendance law under Chapter 3321. of the Revised Code.
(G) "Registered private provider" means a nonpublic school or other nonpublic entity that has been registered by the superintendent of public instruction under section 3310.58 of the Revised Code prior to the effective date of this amendment or the department of education and workforce on or after that date.
(H) "Scholarship" means a scholarship awarded under the Jon Peterson special needs scholarship program pursuant to sections 3310.51 to 3310.64 of the Revised Code.
(I) "School district of residence" has the same meaning as in section 3323.01 of the Revised Code. A community school established under Chapter 3314. of the Revised Code is not a "school district of residence" for purposes of sections 3310.51 to 3310.64 of the Revised Code.
(J) "School year" has the same meaning as in section 3313.62 of the Revised Code.
(K) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
Sec. 3310.52. (A) The Jon Peterson special needs scholarship program is hereby established. Under the program, beginning with the 2012-2013 school year, subject to division (B) of this section, the department of education and workforce annually shall pay a scholarship under section 3317.022 of the Revised Code to an eligible applicant for services provided by an alternative public provider or a registered private provider for a qualified special education child. The scholarship shall be used only to pay all or part of the fees for the child to attend the special education program operated by the alternative public provider or registered private provider to implement the child's individualized education program, in lieu of the child's attending the special education program operated by the school district in which the child is entitled to attend school, and other services agreed to by the provider and eligible applicant that are not included in the individualized education program but are associated with educating the child. Beginning in the 2014-2015 school year, if the child is receiving special education services for a disability specified in division (A) of section 3317.013 of the Revised Code, the scholarship shall be used only to pay for related services that are included in the child's individualized education program. Upon agreement with the eligible applicant, the alternative public provider or registered private provider may modify the services provided to the child.
(B) The number of scholarships awarded under the program in any fiscal year shall not exceed five per cent of the total number of students residing in the state identified as children with disabilities during the previous fiscal year.
(C) The department shall pay a scholarship under section 3317.022 of the Revised Code to the parent of each qualified special education child, unless the parent authorizes a direct payment to the child's provider, upon application of that parent in the manner prescribed by the department. However, the department shall not adopt specific dates for application deadlines for scholarships under the program.
Sec. 3310.521. (A) As a condition of receiving payments for a scholarship, each eligible applicant shall attest to receipt of the profile prescribed by division (B) of this section. Such attestation shall be made and submitted to the department of education and workforce in the form and manner as required by the department.
(B) The alternative public provider or registered private provider that enrolls a qualified special education child shall submit in writing to the eligible applicant to whom a scholarship is awarded on behalf of that child a profile of the provider's special education program, in a form as prescribed by the department, that shall contain the following:
(1) Methods of instruction that will be utilized by the provider to provide services to the qualified special education child;
(2) Qualifications of teachers, instructors, and other persons who will be engaged by the provider to provide services to the qualified special education child.
Sec. 3310.522. (A) In order to maintain eligibility for a scholarship, a student shall take each assessment prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, in accordance with section 3301.0711 of the Revised Code, unless one of the following applies to the student:
(1) The student is excused from taking that assessment under federal law, the student's individualized education program, or division (C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(2) The student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) or (L)(4) of section 3301.0711 of the Revised Code.
(3) The student is enrolled in any of grades three to eight and takes an alternative standardized assessment under division (K)(1) of section 3301.0711 of the Revised Code or division (B)(3) of this section.
(4) The student is excused from taking the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code pursuant to division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(B) Each registered private provider that is not subject to division (K)(1) of section 3301.0711 of the Revised Code and enrolls a student who is awarded a scholarship shall administer each assessment prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, to that student in accordance with section 3301.0711 of the Revised Code, unless one of the following applies to the student:
(1) The student is excused from taking that assessment under division (A)(1) of this section.
(2) The student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) or (L)(4) of section 3301.0711 of the Revised Code.
(3) The student is enrolled in any of grades three to eight and the registered private provider administers an alternative standardized assessment determined by the department of education and workforce under division (K)(1) of section 3301.0711 of the Revised Code to the student.
(4) The student is excused from taking the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code pursuant to division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
The registered private provider shall report to the department the results of each assessment so administered under division (B) of this section.
(C) Nothing in this section requires any chartered nonpublic school that is a registered private provider to administer any achievement assessment, except for an Ohio graduation test prescribed by division (B)(1) of section 3301.0710 or the college and work ready assessment system prescribed by division (B) of section 3301.0712 of the Revised Code to any student enrolled in the school who is not a scholarship student.
Sec. 3310.53. (A) Except for development of the child's individualized education program, as specified in division (B) of this section, the school district in which a qualified special education child is entitled to attend school and the child's school district of residence, if different, are not obligated to provide the child with a free appropriate public education under Chapter 3323. of the Revised Code for as long as the child continues to attend the special education program operated by either an alternative public provider or a registered private provider for which a scholarship is awarded under the Jon Peterson special needs scholarship program. If at any time, the eligible applicant for the child decides no longer to accept scholarship payments and enrolls the child in the special education program of the school district in which the child is entitled to attend school, that district shall provide the child with a free appropriate public education under Chapter 3323. of the Revised Code.
(B)
Each eligible applicant and each qualified special education child
have a continuing right to the development of an individualized
education program for the child that complies with Chapter 3323. of
the Revised Code, 20 U.S.C. 1400 et seq., and administrative rules or
guidelines adopted by the Ohio
department
of education
and
workforce
or
the United States department of education. The school district in
which a qualified special education child is entitled to attend
school, or the child's school district of residence if different,
shall develop each individualized education program for the child in
accordance with those provisions.
(C) Each school district shall notify an eligible applicant of the applicant's and qualified special education child's rights under sections 3310.51 to 3310.64 of the Revised Code by providing to each eligible applicant the comparison document prescribed in section 3323.052 of the Revised Code. An eligible applicant's receipt of that document, as acknowledged in a format prescribed by the department of education and workforce, shall constitute notice that the eligible applicant has been informed of those rights. Upon receipt of that document, subsequent acceptance of a scholarship constitutes the eligible applicant's informed consent to the provisions of sections 3310.51 to 3310.64 of the Revised Code.
Sec.
3310.58. No
nonpublic school or entity shall receive payments from an eligible
applicant for services for a qualified special education child under
the Jon Peterson special needs scholarship program until the school
or entity registers with the superintendent
of public instructiondepartment
of education and workforce.
The superintendent
department
shall
register and designate as a registered private provider any nonpublic
school or entity that meets the following requirements:
(A) The school or entity complies with the antidiscrimination provisions of 42 U.S.C. 2000d, regardless of whether the school or entity receives federal financial assistance.
(B)
If the school or entity is not chartered by the state
board director
of education and workforce under
section 3301.16 of the Revised Code, the school or entity agrees to
comply with sections 3319.39, 3319.391, and 3319.392 of the Revised
Code as if it were a school district.
(C) The teaching and nonteaching professionals employed by the school or entity, or employed by any subcontractors of the school or entity, hold credentials determined by the state board of education to be appropriate for the qualified special education children enrolled in the special education program it operates.
(D)
The school's or entity's educational program shall be approved by the
department
of
education.
(E) The school or entity meets applicable health and safety standards established by law.
(F)
The school or entity agrees to retain on file documentation as
required by the department
of
education.
(G) The school or entity agrees to provide a record of the implementation of the individualized education program for each qualified special education child enrolled in the school's or entity's special education program, including evaluation of the child's progress, to the school district in which the child is entitled to attend school, in the form and manner prescribed by the department.
(H) The school or entity agrees that, if it declines to enroll a particular qualified special education child, it will notify in writing the eligible applicant of its reasons for declining to enroll the child.
Sec.
3310.59. The
superintendent
of public instruction department
of education and workforce shall
revoke the registration of any school or entity if, after a hearing,
the superintendent
department
determines
that the school or entity is in violation of any provision of section
3310.522 or 3310.58 of the Revised Code.
Sec. 3310.62. (A) A scholarship under the Jon Peterson special needs scholarship program shall not be awarded for the first time to an eligible applicant on behalf of a qualified special education child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or by the child's school district of residence if different, or while any administrative or judicial mediation or proceedings with respect to the content of that individualized education program are pending.
(B) Development of individualized education programs subsequent to the one developed for the child the first time a scholarship was awarded on behalf of the child and the prosecuting, by the eligible applicant on behalf of the child, of administrative or judicial mediation or proceedings with respect to any of those subsequent individualized education programs do not affect the applicant's and the child's continued eligibility for scholarship payments.
(C) In the case of any child for whom a scholarship has been awarded, if the school district in which the child is entitled to attend school has agreed to provide some services for the child under an agreement entered into with the eligible applicant or with the alternative public provider or registered private provider implementing the child's individualized education program, or if the district is required by law to provide some services for the child, including transportation services under sections 3310.60 and 3327.01 of the Revised Code, the district shall not discontinue the services it is providing pending completion of any administrative proceedings regarding those services. The prosecuting, by the eligible applicant on behalf of the child, of administrative proceedings regarding the services provided by the district does not affect the applicant's and the child's continued eligibility for scholarship payments.
(D) The department of education and workforce shall continue to make payments to the eligible applicant under section 3317.022 of the Revised Code while either of the following are pending:
(1) Administrative or judicial mediation or proceedings with respect to a subsequent individualized education program for the child referred to in division (B) of this section;
(2) Administrative proceedings regarding services provided by the district under division (C) of this section.
Sec. 3310.63. (A) Only for the purpose of administering the Jon Peterson special needs scholarship program, the department of education and workforce may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any qualified special education child for whom a scholarship is sought under the program:
(1) The school district in which the child is entitled to attend school;
(2) If applicable, the community school in which the child is enrolled;
(3) The independent contractor engaged to create and maintain data verification codes.
(B) Upon a request by the department under division (A) of this section for the data verification code of a qualified special education child or a request by the eligible applicant for the child for that code, the school district or community school shall submit that code to the department or applicant in the manner specified by the department. If the child has not been assigned a code, because the child will be entering kindergarten during the school year for which the scholarship is sought, the district shall assign a code to that child and submit the code to the department or applicant by a date specified by the department. If the district does not assign a code to the child by the specified date, the department shall assign a code to the child.
The department annually shall submit to each school district the name and data verification code of each child residing in the district who is entering kindergarten, who has been awarded a scholarship under the program, and for whom the department has assigned a code under this division.
(C) The department shall not release any data verification code that it receives under this section to any person except as provided by law.
(D) Any document relative to the Jon Peterson special needs scholarship program that the department holds in its files that contains both a qualified special education child's name or other personally identifiable information and the child's data verification code shall not be a public record under section 149.43 of the Revised Code.
Sec.
3310.64. The
state
board department
of
education
and
workforce
shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing procedures necessary to implement sections 3310.51 to
3310.63 of the Revised Code including, but not limited to, procedures
for parents to apply for scholarships, standards for registered
private providers, and procedures for registration of private
providers.
Sec. 3310.70. (A) A student is an "eligible student" for purposes of this section if the student is at least six but no more than eighteen years old and the student's family income is at or below three hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code.
(B)(1)
There is hereby established the afterschool child enrichment (ACE)
educational savings account program. The department of education and
workforce shall
adopt rules under Chapter 119. of the Revised Code that prescribe
procedures for the establishment of these accounts in fiscal years
2022 and 2023 upon the request of the parent or guardian of an
eligible student enrolled in a public or nonpublic school or an
eligible student who has been excused from the compulsory attendance
law for the purpose of home instruction
education
under
section 3321.04
3321.042
of
the Revised Code. Accounts shall be established on a first-come,
first-served basis according to the availability of funds
appropriated for purposes of this section.
Accounts shall be used in accordance with division (E) of this section. Any balance remaining in a student's account after fiscal year 2023 shall remain in that account for use as prescribed in division (D)(3) of this section.
(2) The department shall create an online form for parents and guardians to request the establishment of an account under this section.
(C)(1) The department shall contract with a vendor for purposes of administering the provisions of this section and may contract with the treasurer of state for technical assistance. In selecting a vendor, the department shall give preference to those vendors who use a smart phone application that is free for parents or guardians to use, is capable of scanning receipts, allows users to provide program feedback, and includes customer service contact information for parents and guardians who experience technical issues with the application. For each fiscal year in which the program operates, the department shall pay the vendor not more than three per cent of the amount appropriated for that fiscal year for purposes of this section.
(2) The vendor selected by the department under division (C)(2) of this section shall do both of the following:
(a) Monitor how accounts are used by parents or guardians and recoup moneys that are used for purposes that are not authorized by this section as determined by the vendor;
(b) Provide the department with a comprehensive list of purchases made with accounts.
(3) At no time shall the vendor authorize parents or guardians to use moneys for purposes that are not authorized by this section as determined by the vendor. If the vendor authorizes parents or guardians to use moneys for a specified purpose and later determines that purpose is not authorized by this section, the vendor may recoup that money.
(D)(1) If a parent or guardian makes a request under division (B) of this section during fiscal year 2022, five hundred dollars shall be credited to the account established pursuant to the parent's or guardian's request within fourteen days of the parent's or guardian's request, and that amount shall be disbursed upon request to the parent or guardian not later than June 30, 2022, for use in accordance with division (E) of this section. Any amount remaining in an account at the end of fiscal year 2022 shall remain in that account for fiscal year 2023 for use in accordance with division (E) of this section.
(2) If a parent or guardian makes a request under division (B) of this section during fiscal year 2023, five hundred dollars shall be credited to the account established pursuant to the parent's or guardian's request within fourteen days of the parent's or guardian's request, and that amount shall be disbursed upon request to the parent or guardian not later than June 30, 2023, for use in accordance with division (E) of this section. If a parent or guardian had an account established for fiscal year 2022, that amount shall be credited and distributed to that account for use in accordance with division (E) of this section.
(3) Any amount remaining in an account established under division (B) of this section at the end of fiscal year 2023 shall remain in that account for use in accordance with division (E) of this section in future fiscal years until either the full amount has been spent or the student graduates from high school. Any amount remaining in the account of a student who graduates from high school shall be returned to the department.
(E) Subject to division (F) of this section, moneys credited to an education savings account established under division (B) of this section shall be used by an eligible student's parent or guardian for any of the following purposes, whether secular or nonsecular:
(1) Before- or after-school educational programs;
(2) Day camps, including camps for academics, music, and arts;
(3) Tuition at learning extension centers;
(4) Tuition for learning pods;
(5)
If the student has been excused from the compulsory attendance law
for the purpose of home instruction
education
under
section 3321.04
3321.042
of
the Revised Code, purchase of curriculum and materials;
(6) Educational, learning, or study skills services;
(7) Field trips to historical landmarks, museums, science centers, and theaters, including admission, exhibit, and program fees;
(8) Language classes;
(9) Instrument lessons;
(10) Tutoring.
(F) At no time shall moneys credited to an account established under division (B) of this section be used for the purchase of electronic devices.
(G) The department shall make available to parents and guardians a list of the purposes for which moneys credited to an account established under division (B) of this section may be spent in accordance with division (E) of this section.
(H) Not later than December 31, 2023, the department shall prepare a report regarding the administration of this section, including feedback from a random sampling of parents and guardians who participate in the program for fiscal year 2022, fiscal year 2023, or both and submit the report to the general assembly in accordance with section 101.68 of the Revised Code.
Sec. 3311.056. The elected members of an educational service center governing board may by resolution adopt a plan for adding appointed members to that governing board. A plan may provide for adding to the board a number of appointed members that is up to one less than the number of elected members on the board except that the total number of elected and appointed board members shall be an odd number. A plan shall provide for the terms of the appointed board members. The appointed board members in each plan shall be appointed by a majority vote of the full number of elected members on the board and vacancies shall be filled as provided in the plan. Each plan shall specify the qualifications for the appointed board members of an educational service center including the experience, knowledge, and skills that advance the mission and vision of the service center. Appointed members may be representative of the client school districts of the service center that are not otherwise represented on the board. As used in this section, "client school district" has the same meaning as in section 3311.0510 of the Revised Code.
A
governing board adopting a plan under this section shall submit the
plan to the state
board department
of
education
and
workforce
for
approval. The state
board department
may
approve or disapprove a plan or make recommendations for
modifications in a plan. A plan shall take effect thirty days after
approval by the state
board department
and,
when effective, appointments to the board shall be made in accordance
with the plan.
The
elected members of the governing board of an educational service
center with a plan in effect under this section may adopt, by
unanimous vote of all the elected members, a resolution to revise or
rescind the plan in effect under this section. All revisions shall
comply with the requirements in this section for appointed board
members. A resolution revising or rescinding a plan shall specify the
dates and manner in which the revision or rescission is to take
place. The revision or rescission of a plan shall be submitted to the
state
board of education department
for
approval. The state
board department
may
approve or disapprove a revision or rescission of a plan or make
recommendations for modifications. Upon approval of a revision or
rescission by the
state
board
department,
the revised plan or rescission of the plan shall go into effect as
provided in the revision or rescission.
Sec. 3311.08. The board of education of any local school district which contains within its territorial boundaries:
(A) All the territory lying within the corporate limits of a village having a population of three thousand or more according to the last federal census;
(B) All the territory lying within the corporate limits of a village having a population of two thousand or more according to the last federal census and a population outside the corporate limits of said village, as determined by a census taken by such board, sufficient to make the total population of such district three thousand or more, may, by a majority vote of the full membership of such board, declare that such district be exempt from the supervision of the governing board of the educational service center.
When the board of education of a local school district notifies the governing board of the educational service center on or before the first day of May in any year, that it has adopted, by a majority vote of its full membership, a declaration that such local school district shall be exempt from the supervision of the educational service center governing board, such local school district shall be exempt from the supervision of the educational service center governing board for the school year commencing the first day of July following the date of such notification.
The local school district so exempted from the supervision of the educational service center governing board shall be known as an "exempted village school district" until its status as an exempted village school district has been changed.
A
census taken by the board of a local school district, of territory
outside the corporate limits of a village, shall be taken by persons
appointed by such board. Each person so appointed shall take an oath
or affirmation to take such a census accurately and shall make the
return under oath to the treasurer of the board. The treasurer shall
send certified copies of such census to the county auditor and to the
superintendent
of public instructiondirector
of education and workforce.
Such census shall be approved by the superintendent
director
before
the school district is deemed to have sufficient population to meet
the requirements of an exempted village school district.
Sec.
3311.16. Any
local, exempted village, or city board of education, any educational
service center governing board, or any combination of boards of such
districts and centers, referred to in sections 3311.16, 3311.17, and
3311.18 of the Revised Code as the initiating unit, may make or
contract for the making of a study pertaining to the need to
establish within one county, or within an area comprised of two or
more adjoining counties, a joint vocational school district, and for
the preparation of a plan for the establishment and operation of a
joint vocational school district covering the territory of two or
more school districts within such county or counties. Any local,
exempted village, or city school district in the county or counties
may participate with the initiating unit in the cost of such study
and plan. Such plan shall be submitted to the state
board department
of
education
and
workforce
by
the initiating unit.
Sec.
3311.17. On
approval of the plan by the state
board department
of
education
and
workforce,
the initiating unit shall file a copy of such plan with the board of
education of each district whose territory is proposed to be included
in the proposed joint vocational school district. Within thirty days
after receiving such copy, such board of education shall determine
whether its district shall become a part of the proposed joint
vocational school district. If one or more boards of education decide
not to become a part of such proposed district, a revised plan shall
be prepared by the initiating unit, and if such revised plan is
approved by the state
board of educationdepartment,
such initiating unit shall file the revised plan with the board of
education of each district whose territory is proposed to be included
in the proposed joint vocational school district. Within thirty days
thereafter, each such district shall determine whether its district
shall become a part of the proposed joint vocational school district.
Sec. 3311.19. (A) The management and control of a joint vocational school district shall be vested in the joint vocational school district board of education which, beginning on September 29, 2013, shall be appointed under division (C) of this section.
All members of a joint vocational school district board serving unexpired terms on September 29, 2013, may continue in office until the expiration of their terms. If a member leaves office for any reason prior to the expiration of that member's term, the vacancy shall be filled only in the manner provided in division (C) of this section.
(B) Except as provided in section 3311.191 of the Revised Code, members of the joint vocational school district board appointed on or after September 29, 2013, shall serve for three-year terms of office.
(C) The manner of appointment and the total number of members appointed to the joint vocational school district board shall be in accordance with the most recent plan for the joint vocational school district on file with the department of education and workforce.
(1) Appointments under this section shall be made as the terms of members of each joint vocational school district board who are serving unexpired terms on September 29, 2013, expire or as those offices are otherwise vacated prior to the expiration date.
(2) Members of the joint vocational board shall be appointed by the member school district boards of education. Members of a joint vocational school district board may either be a current elected board member of a school district board that is a member of the joint vocational school district or an individual who has experience or knowledge regarding the labor needs of the state and region with an understanding of the skills, training, and education needed for current and future employment opportunities in the state. The appointing board may give preference to individuals who have served as members on a joint vocational school business advisory committee.
(D) The vocational schools in the joint vocational school district shall be available to all youth of school age within the joint vocational school district subject to the rules adopted by the joint vocational school district board of education in regard to the standards requisite to admission. A joint vocational school district board of education shall have the same powers, duties, and authority for the management and operation of such joint vocational school district as is granted by law, except by this chapter and Chapters 124., 3317., 3323., and 3331. of the Revised Code, to a board of education of a city school district, and shall be subject to all the provisions of law that apply to a city school district, except such provisions in this chapter and Chapters 124., 3317., 3323., and 3331. of the Revised Code.
(E) The superintendent of schools of a joint vocational school district shall exercise the duties and authority vested by law in a superintendent of schools pertaining to the operation of a school district and the employment and supervision of its personnel. The joint vocational school district board of education shall appoint a treasurer of the joint vocational school district who shall be the fiscal officer for such district and who shall have all the powers, duties, and authority vested by law in a treasurer of a board of education.
(F) Each member of a joint vocational school district board of education may be paid such compensation as the board provides by resolution, but it shall not exceed one hundred twenty-five dollars per member for each meeting attended plus mileage, at the rate per mile provided by resolution of the board, to and from meetings of the board.
The board may provide by resolution for the deduction of amounts payable for benefits under section 3313.202 of the Revised Code.
Each member of a joint vocational school district board may be paid such compensation as the board provides by resolution for attendance at an approved training program, provided that such compensation shall not exceed sixty dollars per day for attendance at a training program three hours or fewer in length and one hundred twenty-five dollars a day for attendance at a training program longer than three hours in length. However, no board member shall be compensated for the same training program under this section and section 3313.12 of the Revised Code.
Sec. 3311.191. (A)(1) Subject to division (A)(2) of this section, if a joint vocational school district has an even number of member districts each appointing a member to the joint vocational school district board of education and the joint vocational school district's plan on file with the department of education and workforce provides for one additional board member to be appointed on a rotating basis by one of the appointing boards, the term of that additional member shall be for one year. The additional member shall otherwise meet the requirements for joint vocational school board members prescribed by section 3311.19 of the Revised Code.
(2) If an additional member of a joint vocational school district board appointed on a rotating basis, as described in division (A)(1) of this section, was appointed on or after September 29, 2013, but prior to September 29, 2015, that member may continue in office until the expiration of the member's current term of office. If such member vacates that office for any reason prior to the expiration of that member's term, a new additional member shall be appointed according to the rotational basis prescribed by the district's plan, and that member shall serve for the remainder of the vacating member's term. Thereafter, the term of office of the additional member shall be as prescribed by division (A)(1) of this section.
(B)
A joint vocational school district board of education may submit an
application to the superintendent
of public instruction department
for
approval to revise its membership plan to stagger the members' terms
of office. Each board may do so only one time. The application shall
include the revisions proposed to be made to members' terms, the
manner by which the terms shall be staggered, and any other
information the state
superintendent department
requires.
Sec. 3311.213. (A) With the approval of the board of education of a joint vocational school district that is in existence, any school district in the county or counties comprising the joint vocational school district or any school district in a county adjacent to a county comprising part of a joint vocational school district may become a part of the joint vocational school district. On the adoption of a resolution of approval by the board of education of the joint vocational school district, it shall advertise a copy of such resolution in a newspaper of general circulation in the school district proposing to become a part of such joint vocational school district once each week for two weeks, or as provided in section 7.16 of the Revised Code, immediately following the date of the adoption of such resolution. Such resolution shall not become effective until the later of the sixty-first day after its adoption or until the board of elections certifies the results of an election in favor of joining of the school district to the joint vocational school district if such an election is held under division (B) of this section.
(B) During the sixty-day period following the date of the adoption of a resolution to join a school district to a joint vocational school district under division (A) of this section, the electors of the school district that proposes joining the joint vocational school district may petition for a referendum vote on the resolution. The question whether to approve or disapprove the resolution shall be submitted to the electors of such school district if a number of qualified electors equal to twenty per cent of the number of electors in the school district who voted for the office of governor at the most recent general election for that office sign a petition asking that the question of whether the resolution shall be disapproved be submitted to the electors. The petition shall be filed with the board of elections of the county in which the school district is located. If the school district is located in more than one county, the petition shall be filed with the board of elections of the county in which the majority of the territory of the school district is located. The board shall certify the validity and sufficiency of the signatures on the petition.
The board of elections shall immediately notify the board of education of the joint vocational school district and the board of education of the school district that proposes joining the joint vocational school district that the petition has been filed.
The effect of the resolution shall be stayed until the board of elections certifies the validity and sufficiency of the signatures on the petition. If the board of elections determines that the petition does not contain a sufficient number of valid signatures and sixty days have passed since the adoption of the resolution, the resolution shall become effective.
If the board of elections certifies that the petition contains a sufficient number of valid signatures, the board shall submit the question to the qualified electors of the school district on the day of the next general or primary election held at least ninety days after but no later than six months after the board of elections certifies the validity and sufficiency of signatures on the petition. If there is no general or primary election held at least ninety days after but no later than six months after the board of elections certifies the validity and sufficiency of signatures on the petition, the board shall submit the question to the electors at a special election to be held on the next day specified for special elections in division (D) of section 3501.01 of the Revised Code that occurs at least ninety days after the board certifies the validity and sufficiency of signatures on the petition. The election shall be conducted and canvassed and the results shall be certified in the same manner as in regular elections for the election of members of a board of education.
If a majority of the electors voting on the question disapprove the resolution, the resolution shall not become effective.
(C)
If the resolution becomes effective, the board of education of the
joint vocational school district shall notify the county auditor of
the county in which the school district becoming a part of the joint
vocational school district is located, who shall thereupon have any
outstanding levy for building purposes, bond retirement, or current
expenses in force in the joint vocational school district spread over
the territory of the school district becoming a part of the joint
vocational school district. On the addition of a city or exempted
village school district or an educational service center to the joint
vocational school district, pursuant to this section, the board of
education of such joint vocational school district shall submit to
the state
board department
of
education and
workforce a
proposal to enlarge the membership of such board by the addition of
one or more persons at least one of whom shall be a member of the
board of education or governing board of such additional school
district or educational service center, and the term of each such
additional member. On the addition of a local school district to the
joint vocational school district, pursuant to this section, the board
of education of such joint vocational school district may submit to
the state
board of education department
a
proposal to enlarge the membership of such board by the addition of
one or more persons who are members of the educational service center
governing board of such additional local school district. On approval
by the state
board of education department
additional
members shall be added to such joint vocational school district board
of education.
Sec.
3311.214. (A)
With the approval of the state
board department
of
education
and
workforce,
the boards of education of any two or more joint vocational school
districts may, by the adoption of identical resolutions by a majority
of the members of each such board, propose that one new joint
vocational school district be created by adding together all of the
territory of each of the districts and dissolving such districts. A
copy of each resolution shall be filed with the state
board of education department
for
its approval or disapproval. The resolutions shall include a
provision that the board of education of the new district shall be
composed of the members from the same boards of education that
composed the membership of the board of each of the districts to be
dissolved, except that, if an even number of districts are to be
dissolved, one additional member shall be added, who may be from any
school district included in the territory of any of the districts to
be dissolved as designated in the resolutions. The members of the new
board shall have the same terms of office as they had under the
respective plans of the districts adopting the resolutions, except
that, if the new board has an additional member, the additional
member shall have a term as specified in the resolutions.
If
the state
board department
approves
the resolutions, the board of education of each district to be
dissolved shall advertise a copy of the resolution in a newspaper of
general circulation in its district once each week for two weeks, or
as provided in section 7.16 of the Revised Code, immediately
following the date the resolutions are approved by the
state
board
department.
The resolutions shall become effective on the first day of July next
succeeding the sixtieth day following approval by the state
board department
unless
prior to the expiration of such sixty-day period, qualified electors
residing in one of the districts to be dissolved equal in number to a
majority of the qualified electors of that district voting at the
last general election file with the state
board department
a
petition of remonstrance against creation of the proposed new
district.
(B) When a resolution becomes effective under division (A) of this section, each district in which a resolution was adopted and the board of each such district are dissolved. The territory of each dissolved district becomes a part of the new joint vocational school district. The net indebtedness of each dissolved district shall be assumed in full by the new district and the funds and property of each dissolved district shall become in full the funds and property of the new district. All existing contracts of each dissolved board shall be honored by the board of the new district until their expiration dates. The board of the new district shall notify the county auditor of each county in which each dissolved district was located that a resolution has become effective and a new district has been created and shall certify to each auditor any changes that might be required in the tax rate as a result of the creation of the new district.
(C) As used in this section, "net indebtedness" means the difference between the par value of the outstanding and unpaid bonds and notes of the school district and the amount held in the sinking fund and other indebtedness retirement funds for their redemption.
Sec.
3311.217. Upon
approval by a majority of the full membership of the board of
education of a joint vocational school district, or upon the receipt
of resolutions formally adopted by a majority of the boards of
education of the school districts participating in the joint
vocational school district, the board of education of the joint
vocational school district shall adopt and send to the state
board department
of
education
and
workforce
a
resolution requesting the dissolution of the joint vocational school
district. Such resolution shall state the reasons for the proposed
dissolution of the joint vocational school district, shall set forth
a plan for the equitable adjustment, division, and disposition of the
assets, property, debts, and obligations of the joint vocational
school district, and shall provide that the tax duplicate of each
participating school district shall be bound for and assume its share
of the outstanding indebtedness of the joint vocational school
district. Upon approval of the resolution by the
state
board of education
department,
the joint vocational school district shall be dissolved in accordance
with the provisions of the resolution.
Sec.
3311.218. The
board of education of a joint vocational school district may enter
into a written agreement with the board of trustees of any technical
college district, the boundaries of which are coterminous with such
joint vocational
schol
school
district,
which agreement may provide for the sharing of use of any physical
facility or equipment owned or used by either district. Such
agreement may further provide that the joint vocational school
district may contribute a portion of its funds for current operating
expenses, regardless of whether such funds are derived from a tax
levy or otherwise, to the technical college district to be expended
by the technical college district for any lawful purpose. The
agreement shall require the approval by resolution of both boards and
shall be executed by the president and treasurer of both boards. A
copy of such agreement shall be filed with the board
of regents chancellor
of higher education and
a copy shall be filed with the state
board department
of
education
and
workforce.
Sec.
3311.521. (A)
The boards of education of any two or more contiguous city, exempted
village, or local school districts may establish a cooperative
education school district in accordance with this section for the
purpose of operating a joint high school in lieu of each of such
boards operating any high school. Such a cooperative education school
district shall only be established pursuant to the adoption of
identical resolutions in accordance with this section within a
sixty-day period by a majority of the members of the board of
education of all such boards. Upon the adoption of all such
resolutions, a copy of each resolution shall be filed with the state
board department
of
education
and
workforce.
The territory of any cooperative education school district established pursuant to this section shall consist of the territory of all of the school districts whose boards of education adopt identical resolutions under this section.
(B) Any resolutions adopted under division (A) of this section shall include all of the following:
(1) Provision for the date on which the cooperative district will be created, which date shall be the first day of July in the year specified in the resolution;
(2) Provision for the composition, selection, and terms of office of the board of education of the cooperative district, which provision shall include but not necessarily be limited to both of the following:
(a) A requirement that the board include at least two members selected from or by the members of the board of education of each city, local, and exempted village school district within the territory of the cooperative district;
(b) Specification of the date by which the initial members of the board must be selected, which date shall be the same as the date specified pursuant to division (B)(1) of this section.
(3) Provision for the selection of a superintendent and treasurer of the cooperative school district, which provision shall require one of the following:
(a) The selection of one person as both the superintendent and treasurer of the cooperative district, which provision may require such person to be the superintendent or treasurer of any city, local, or exempted village school district within the territory of the cooperative district;
(b) The selection of one person as the superintendent and another person as the treasurer of the cooperative district, which provision may require either one or both such persons to be superintendents or treasurers of any city, local, or exempted village school district within the territory of the cooperative district.
(4) A statement of the high school education program the board of education of the cooperative education school district will conduct in lieu of any high school education program being operated by the boards of education of the city, local, and exempted village school districts within the territory of the cooperative district, which statement shall include but not necessarily be limited to the high school grade levels to be operated in the program, the timetable for commencing operation of the program, and the facilities proposed to be used or constructed to be used by the program;
(5) A statement that the boards of education of the city, local, and exempted village school districts within the territory of the cooperative district will not operate any high school education program for the grade levels operated by the cooperative district;
(6) A statement of how special education and related services will be provided in accordance with Chapter 3323. of the Revised Code to the children with disabilities who are identified by each city, exempted village, or local school district with territory in the cooperative district and who are in the grade levels to be operated by the cooperative district;
(7) A statement of how transportation of students to and from school will be provided in the cooperative district, which statement shall include but not be necessarily limited to both of the following:
(a) How special education students will be transported as required by their individualized education program adopted pursuant to section 3323.08 of the Revised Code;
(b) Whether transportation to and from school will be provided to any other students of the cooperative district and, if so, the manner in which this transportation will be provided.
(8) A statement of the annual amount, or the method for determining the annual amount, of funds or services or facilities that each city, local, and exempted village school district is required to pay to or provide for the use of the board of education of the cooperative education school district;
(9) Provision for adopting amendments to the provisions adopted pursuant to divisions (B)(3) to (8) of this section, which provision shall require that any such amendments comply with divisions (B)(3) to (8) of this section.
(C) Upon the adoption of identical resolutions in accordance with this section, the cooperative education school district and board of education of that district specified in and selected in accordance with such resolutions shall be established on the date specified in the resolutions. Upon the establishment of the district and board, the board of the cooperative district shall give written notice of the creation of the district to the county auditor and the board of elections of each county having any territory in the new district.
Sec. 3311.53. (A)(1) The board of education of any city, local, or exempted village school district that wishes to become part of a cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code may adopt a resolution proposing to become a part of the cooperative education school district.
(2) The board of education of any city, local, or exempted village school district that is contiguous to a cooperative education school district established pursuant to section 3311.521 of the Revised Code and that wishes to become part of that cooperative district may adopt a resolution proposing to become part of that cooperative district.
(B) If, after the adoption of a resolution in accordance with division (A) of this section, the board of education of the cooperative education school district named in that resolution also adopts a resolution accepting the new district, the board of the district wishing to become part of the cooperative district shall advertise a copy of the cooperative district board's resolution in a newspaper of general circulation in the school district proposing to become a part of the cooperative education school district once each week for two weeks, or as provided in section 7.16 of the Revised Code, immediately following the date of the adoption of the resolution. The resolution shall become legally effective on the sixtieth day after its adoption, unless prior to the expiration of that sixty-day period qualified electors residing in the school district proposed to become a part of the cooperative education school district equal in number to a majority of the qualified electors voting at the last general election file with the board of education a petition of remonstrance against the transfer. If the resolution becomes legally effective, both of the following shall apply:
(1) The resolution that established the cooperative education school district pursuant to divisions (A) to (C) of section 3311.52 or section 3311.521 of the Revised Code shall be amended to reflect the addition of the new district to the cooperative district.
(2) The board of education of the cooperative education school district shall give written notice of this fact to the county auditor and the board of elections of each county in which the school district becoming a part of the cooperative education school district has territory. Any such county auditor shall thereupon have any outstanding levy for building purposes, bond retirement, or current expenses in force in the cooperative education school district spread over the territory of the school district becoming a part of the cooperative education school district.
(C)
If the board of education of the cooperative education school
district is not the governing board of an educational service center,
the board of education of the cooperative education school district
shall, on the addition of a city, local, or exempted village school
district to the district pursuant to this section, submit to the
state
board department
of
education
and
workforce
a
proposal to enlarge the membership of the board. In the case of a
cooperative district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code, the proposal shall add one or
more persons to the district's board, at least one of whom shall be a
member of or selected by the board of education of the additional
school district, and shall specify the term of each such additional
member. In the case of a cooperative district established pursuant to
section 3311.521 of the Revised Code, the proposal shall add two or
more persons to the district's board, at least two of whom shall be a
member of or selected by the board of education of the additional
school district, and shall specify the term of each such additional
member. On approval by the
state
board of education
department,
the additional members shall be added to the cooperative education
school district board of education.
Sec. 3311.60. This section applies to any school district that has an average daily membership, as reported under division (A) of section 3317.03 of the Revised Code, greater than sixty thousand and of which the majority of the district's territory is located in a city with a population greater than seven hundred thousand according to the most recent federal decennial census.
(A) Subject to approval by the electors under section 3311.61 of the Revised Code, the board of education of a school district to which this section applies shall create the position of independent auditor to be responsible for all internal auditing functions of the district. The independent auditor shall be selected by the selection committee prescribed by division (B) of this section. Upon selection of the independent auditor, the district board shall execute a written contract of employment with the independent auditor. The district board shall appropriate funds to support the operations and functions of the independent auditor and shall grant the independent auditor access to all district personnel, equipment, and records necessary to perform the duties prescribed by divisions (C) and (D) of this section. The term of office for the independent auditor shall be for five years and may be renewed for additional terms by the selection committee.
(B)(1) The independent auditor selection committee shall consist of the mayor, council president, and auditor of the city in which a majority of the territory of the district is located; the president of the school district board of education; and the probate court judge of the county in which a majority of the territory of the district is located. Members of the selection committee shall serve without compensation.
(2) The selection committee shall do the following:
(a) Establish qualifications for the position of independent auditor;
(b) Select, by majority vote, an individual to serve as the independent auditor;
(c) Recommend to the district board of education the compensation for the position of independent auditor and the necessary additional funds to finance operations and functions of the independent auditor;
(d) Reappoint the independent auditor for an additional term, by a majority vote of the selection committee members;
(e) Appoint a successor, if the current independent auditor is not reappointed, by a majority vote of the committee members;
(f) In the event of a vacancy in the office of independent auditor, appoint a successor to the balance of the unexpired term, by a majority vote of the selection committee members;
(g) Remove the independent auditor from office, by a two-thirds vote of the selection committee members.
(C) The independent auditor shall do the following:
(1) Recommend to the district board of education the employment of personnel necessary to carry out the activities of the independent auditor;
(2) Prescribe duties and qualifications for staff of the independent auditor;
(3) Serve as the district's public records officer and oversee the maintenance and availability of the school district's public documents;
(4)
Prior to certification by the school district superintendent, review
reports and data that must be submitted to the department of
education
and
the state board of education
and
workforce;
(5) Receive any complaints of alleged wrongful or illegal acts regarding the district's operations, finances, and data reported under the education management information system prescribed under section 3301.0714 of the Revised Code and supervise the internal investigation of those complaints. At the independent auditor's discretion, the independent auditor may initiate investigations.
(6) Report the results of investigations of such wrongful or illegal acts, whether criminal in nature or otherwise, to the appropriate authorities or agencies, including the school district board of education, the city attorney of the city in which a majority of the territory of the district is located, the prosecuting attorney of the county in which a majority of the territory of the district is located, the auditor of state, the department of education and workforce, and the Ohio ethics commission;
(7) Propose to the selection committee a budget to support the independent auditor's operations and functions;
(8) Audit funds a partnering community school receives from the district's partnering community schools fund established under section 5705.21 of the Revised Code;
(9)
Submit, not later than the first day of September of each year, a
report on the activities of the independent auditor to the selection
committee, the board of education of the school district, and the
general assembly in accordance with section 101.68 of the Revised
Code. The report required under division (C)(8)(C)(9)
of
this section is a public record under section 149.43 of the Revised
Code.
If sufficient funds are available, the independent auditor may obtain the services of certified public accountants, qualified management consultants, or other professional experts necessary to perform the duties prescribed under divisions (C) and (D) of this section.
(D) In cooperation with the school district board of education and in coordination with the auditor of state, the independent auditor may conduct or initiate financial and performance audits and analyses of the school district to ensure the following:
(1) School district activities and programs comply with all applicable laws and district policies, procedures, and appropriations;
(2) Student performance and enrollment data are accurately and clearly reported;
(3) Ballot requests to levy a tax are based on accurate analysis and the needs of the district;
(4) Individual contracts of the district are consistent with the policies, procedures, budgets, and financial plans adopted by the district board;
(5) Incentive-based distributions and plans are consistent with the objectives adopted by the district board;
(6) District operations are executed in a cost-effective and efficient manner consistent with the objectives of and appropriations made by the district board;
(7) Accuracy of district financial statements and reports;
(8) Recommendations for improvement that have been adopted by the district board are implemented;
(9) Operating units or departments have necessary and appropriate operating and administrative policies, procedures, internal controls, and data quality protocols;
(10) Proper evaluation of district programs and activities, including a full accounting of all funds.
Sec. 3311.71. (A) As used in this section and in sections 3311.72 to 3311.87 of the Revised Code:
(1)
"Municipal school district" means a school district that is
or has ever been under a federal court order requiring supervision
and operational, fiscal, and personnel management of the district by
the state
superintendent
of public instruction
prior
to the effective date of this amendment or by the director of
education and workforce on and after the effective date of this
amendment.
(2) "Mayor" means the mayor of the municipal corporation containing the greatest portion of a municipal school district's territory.
(B) Whenever any municipal school district is released by a federal court from an order requiring supervision and operational, fiscal, and personnel management of the district by the state superintendent or director of education and workforce, the management and control of that district shall be assumed, effective immediately, by a new nine-member board of education. Members of the new board shall be appointed by the mayor, who shall also designate one member as the chairperson of the board. In addition to the rights, authority, and duties conferred upon the chairperson by sections 3311.71 to 3311.87 of the Revised Code, the chairperson shall have all the rights, authority, and duties conferred upon the president of a board of education by the Revised Code that are not inconsistent with sections 3311.71 to 3311.87 of the Revised Code.
(C)
No school board member shall be appointed by the mayor pursuant to
division (B) of this section until the mayor has received a slate of
at least eighteen candidates nominated by a municipal school district
nominating panel, at least three of whom reside in the municipal
school district but not in the municipal corporation containing the
greatest portion of the district's territory. The municipal school
district nominating panel shall be initially convened and chaired by
the state superintendent
of
public instruction
or
director,
who shall serve as a nonvoting member for the first two years of the
panel's existence, and shall consist of eleven persons selected as
follows:
(1) Three parents or guardians of children attending the schools of the municipal school district appointed by the district parent-teacher association, or similar organization selected by the state superintendent or director;
(2) Three persons appointed by the mayor;
(3) One person appointed by the president of the legislative body of the municipal corporation containing the greatest portion of the municipal school district's territory;
(4) One teacher appointed by the collective bargaining representative of the school district's teachers;
(5) One principal appointed through a vote of the school district's principals, which vote shall be conducted by the state superintendent or director;
(6) One representative of the business community appointed by an organized collective business entity selected by the mayor;
(7)
One president of a public or private institution of higher education
located within the municipal school district appointed by the state
superintendent
of
public instruction
or
director.
The
municipal school district nominating panel shall select one of its
members as its chairperson commencing two years after the date of the
first meeting of the panel, at which time the state superintendent of
public instruction
or
director shall
no longer convene or chair the panel. Thereafter, the panel shall
meet as necessary to make nominations at the call of the chairperson.
All members of the panel shall serve at the pleasure of the
appointing authority. Vacancies on the panel shall be filled in the
same manner as the initial appointments.
(D) No individual shall be appointed by the mayor pursuant to division (B) or (F) of this section unless the individual has been nominated by the nominating panel, resides in the school district, and holds no elected public office. At any given time, four of the nine members appointed by the mayor to serve on the board pursuant to either division (B) or (F) of this section shall have displayed, prior to appointment, significant expertise in either the education field, finance, or business management. At all times at least one member of the board shall be an individual who resides in the municipal school district but not in the municipal corporation containing the greatest portion of the district's territory.
(E) The terms of office of all members appointed by the mayor pursuant to division (B) of this section shall expire on the next thirtieth day of June following the referendum election required by section 3311.73 of the Revised Code. The mayor may, with the advice and consent of the nominating panel, remove any member appointed pursuant to that division or division (F) of this section for cause.
(F) If the voters of the district approve the continuation of an appointed board at the referendum election required by section 3311.73 of the Revised Code, the mayor shall appoint the members of a new board from a slate prepared by the nominating panel in the same manner as the initial board was appointed pursuant to divisions (B), (C), and (D) of this section. Five of the members of the new board shall be appointed to four-year terms and the other four shall be appointed to two-year terms, each term beginning on the first day of July. Thereafter, the mayor shall appoint members to four-year terms in the same manner as described in divisions (B), (C), and (D) of this section. The minimum number of individuals who shall be on the slate prepared by the nominating panel for this purpose shall be at least twice the number of members to be appointed, including at least two who reside in the municipal school district but not in the municipal corporation containing the greatest portion of the district's territory.
(G) In addition to the nine members appointed by the mayor, the boards appointed pursuant to divisions (B) and (F) of this section shall include the following nonvoting ex officio members:
(1) If the main campus of a state university specified in section 3345.011 of the Revised Code is located within the municipal school district, the president of the university or the president's designee;
(2) If any community college has its main branch located within the district, the president of the community college that has the largest main branch within the district, or the president's designee.
Sec. 3311.74. (A) The board of education of a municipal school district, in consultation with the department of education and workforce, shall set goals for the district's educational, financial, and management progress and establish accountability standards with which to measure the district's progress.
(B)(1) The chief executive officer of a municipal school district shall develop, implement, and regularly update a plan to measure student academic performance at each school within the district. The plan developed by the chief executive officer shall include a component that requires the parents or guardians of students who attend the district's schools to attend, prior to the fifteenth day of December each year, at least one parent-teacher conference or similar event held by the school the student attends to provide an opportunity for the parents and guardians to meet the student's teachers, discuss expectations for the student, discuss the student's performance, and foster communication between home and school.
(2) Where measurements demonstrate that students in particular schools are not achieving, or are not improving their achievement levels at an acceptable rate, the plan shall contain provisions requiring the chief executive officer, with the concurrence of the board, to take corrective action within those schools, including, but not limited to, reallocation of academic and financial resources, reassignment of staff, redesign of academic programs, adjusting the length of the school year or school day, and deploying additional assistance to students.
(3) Prior to taking corrective action pursuant to the plan, the chief executive officer shall first identify which schools are in need of corrective action, what corrective action is warranted at each school, and when the corrective action should be implemented. Collectively, these items shall be known as the "corrective plan." The corrective plan is not intended to be used as a cost savings measure; rather, it is intended to improve student performance at targeted schools.
Immediately after developing the corrective plan, the chief executive officer and the presiding officer of each labor organization whose members will be affected by the corrective plan shall each appoint up to four individuals to form one or more corrective action teams. The corrective action teams, within the timelines set by the chief executive officer for implementation of the corrective plan, shall collaborate with the chief executive officer and, where there are overlapping or mutual concerns, with other corrective action teams to make recommendations to the chief executive officer on implementation of the corrective plan.
If the chief executive officer disagrees with all or part of the recommendations of a corrective action team, or if a corrective action team fails to make timely recommendations on the implementation of all or part of the corrective plan, the chief executive officer may implement the corrective plan in the manner in which the chief executive officer determines to be in the best interest of the students, consistent with the timelines originally established.
The chief executive officer and any corrective action team are not bound by the applicable provisions of collective bargaining agreements in developing recommendations for and implementing the corrective plan.
(4)
Notwithstanding anything to the contrary in Chapter 4117. of the
Revised Code, the content and implementation of the corrective plan
prevail over any conflicting provision of a collective bargaining
agreement entered into on or after the
effective date of this amendment
October
1, 2012.
(C) Annually the chief executive officer shall issue a report to residents of the district that includes results of achievement measurements made under division (B)(1) of this section and delineates the nature of any reforms and corrective actions being taken in response to any failure to achieve at an acceptable level or rate. The report shall also contain descriptions of efforts undertaken to improve the overall quality or efficiency of operation of the district, shall list the source of all district revenues, and shall contain a description of all district expenditures during the preceding fiscal year.
(D) The chief executive officer shall implement a public awareness campaign to keep the parents and guardians of the district's students informed of the changes being implemented within the district. The campaign may include such methods as community forums, letters, and brochures. It shall include annual distribution to all parents and guardians of an information card specifying the names and business addresses and telephone numbers of the ombudspersons appointed under section 3311.72 of the Revised Code and other employees of the district board of education who may serve as information resources for parents and guardians.
Sec. 3311.741. (A) This section applies only to a municipal school district in existence on July 1, 2012.
(B)
Not later than December 1, 2012, the board of education of each
municipal school district to which this section applies shall submit
to the superintendent
of public instruction director
of education and workforce an
array of measures to be used in evaluating the performance of the
district. The measures shall assess at least overall student
achievement, student progress over time, the achievement and progress
over time of each of the applicable categories of students described
in division (G) of section 3302.03 of the Revised Code, and college
and career readiness. The state
superintendent director
shall
approve or disapprove the measures by January 15, 2013. If the
measures are disapproved, the state
superintendent director
shall
recommend modifications that will make the measures acceptable.
(C) Beginning with the 2012-2013 school year, the board annually shall establish goals for improvement on each of the measures approved under division (B) of this section. The school district's performance data for the 2011-2012 school year shall be used as a baseline for determining improvement.
(D)
Not later than October 1, 2013, and by the first day of October each
year thereafter, the board shall issue a report describing the school
district's performance for the previous school year on each of the
measures approved under division (B) of this section and whether the
district has met each of the improvement goals established for that
year under division (C) of this section. The board shall provide the
report to the governor, the superintendent
of public instructiondirector
of education and workforce,
and, in accordance with section 101.68 of the Revised Code, the
general assembly.
Sec.
3311.76. (A)
Notwithstanding Chapters 3302. and 3317. of the Revised Code, upon
written request of the district chief executive officer, the state
superintendent of public instruction director
of education and workforce may
exempt a municipal school district from any rules adopted under Title
XXXIII of the Revised Code except for any rule adopted under Chapter
3307. or 3309., sections 3319.07 to 3319.21, or Chapter 3323. of the
Revised Code, and may authorize a municipal school district to apply
funds allocated to the district under Chapter 3317. of the Revised
Code, except those specifically allocated to purposes other than
current expenses, to the payment of debt charges on the district's
public obligations. The request must specify the provisions from
which the district is seeking exemption or the application of funds
requested and the reasons for the request. The state
superintendent director
shall
approve the request if the superintendent
director
finds
the requested exemption or application of funds is in the best
interest of the district's students. The superintendent
director
shall
approve or disapprove the request within thirty days and shall notify
the district board and the district chief executive officer of
approval or reasons for disapproving the request.
(B) The board of education of a municipal school district may apply for an exemption from specific statutory provisions or rules under section 3302.07 of the Revised Code.
(C) In addition to the rights, authority, and duties conferred upon a municipal school district and its board of education in sections 3311.71 to 3311.87 of the Revised Code, a municipal school district and its board shall have all of the rights, authority, and duties conferred upon a city school district and its board by law that are not inconsistent with sections 3311.71 to 3311.87 of the Revised Code.
Sec. 3311.86. (A) As used in this section:
(1) "Alliance" means a municipal school district transformation alliance established as a nonprofit corporation.
(2) "Alliance municipal school district" means a municipal school district for which an alliance has been created under this section.
(3) "Partnering community school" means a community school established under Chapter 3314. of the Revised Code that is located within the territory of a municipal school district and that either is sponsored by the district or is a party to an agreement with the district whereby the district and the community school endorse each other's programs.
(4) "Transformation alliance education plan" means a plan prepared by the mayor, and confirmed by the alliance, to transform public education in the alliance municipal school district to a system of municipal school district schools and partnering community schools that will be held to the highest standards of school performance and student achievement.
(B) If one or more partnering community schools are located in a municipal school district, the mayor may initiate proceedings to establish a municipal school district transformation alliance as a nonprofit corporation under Chapter 1702. of the Revised Code. The mayor shall have sole authority to appoint the directors of any alliance created under this section. The directors of the alliance shall include representatives of all of the following:
(1) The municipal school district;
(2) Partnering community schools;
(3) Members of the community at large, including parents and educators;
(4) The business community, including business leaders and foundation leaders.
No one group listed in divisions (B)(1) to (4) of this section shall comprise a majority of the directors. The mayor shall be an ex officio director, and serve as the chairperson of the board of directors, of any alliance created under this section. If the proceedings are initiated, the mayor shall identify the directors in the articles of incorporation filed under section 1702.04 of the Revised Code.
(C)(1) A majority of the members of the board of directors of the alliance shall constitute a quorum of the board. Any formal action taken by the board of directors shall take place at a meeting of the board and shall require the concurrence of a majority of the members of the board. Meetings of the board of directors shall be public meetings open to the public at all times, except that the board and its committees and subcommittees may hold an executive session, as if it were a public body with public employees, for any of the purposes for which an executive session of a public body is permitted under division (G) of section 121.22 of the Revised Code, notwithstanding that the alliance is not a public body as defined in that section, and its employees are not public employees as provided in division (F) of this section. The board of directors shall establish reasonable methods whereby any person may determine the time and place of all of the board's public meetings and by which any person, upon request, may obtain reasonable advance notification of the board's public meetings. Provisions for that advance notification may include, but are not limited to, mailing notices to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.
(2) All records of the alliance shall be organized and maintained by the alliance and also filed with the department of education and workforce. The alliance and the department shall make those records available to the public as though those records were public records for purposes of Chapter 149. of the Revised Code. The department shall promptly notify the alliance upon the department's receipt of any requests for records relating to the alliance pursuant to section 149.43 of the Revised Code.
(3) The board of directors of the alliance shall establish a conflicts of interest policy and shall adopt that policy, and any amendments to the policy, at a meeting of the board held in accordance with this section.
(D)(1) If an alliance is created under this section, the alliance shall do all of the following:
(a) Report annually on the performance of all municipal school district schools and all community schools established under Chapter 3314. of the Revised Code and located in the district, using the criteria adopted under division (B) of section 3311.87 of the Revised Code;
(b) Confirm and monitor implementation of the transformation alliance education plan;
(c) Suggest national education models for and provide input in the development of new municipal school district schools and partnering community schools.
(2)
If an alliance is created under this section, the department
of
education
may
request alliance comment, or the alliance independently may offer
comment to the department, on the granting, renewal, or extension of
an agreement with a sponsor of community schools under section
3314.015 of the Revised Code when the sponsor has existing agreements
with a community school located in an alliance municipal school
district. If the alliance makes comments, those comments shall be
considered by the department prior to making its decision whether to
grant, renew, or extend the agreement.
For purposes of division (D)(2) of this section, comments by the alliance shall be based on the criteria established under division (A) of section 3311.87 of the Revised Code.
(E) Divisions (E)(1) to (3) of this section apply to each community school sponsor that is subject to approval by the department under section 3314.015 of the Revised Code whose approval under that section is granted, renewed, or extended on or after October 1, 2012. Divisions (E)(1) to (3) of this section do not apply to a sponsor that has been approved by the department prior to that date, until the sponsor's approval is renewed, granted anew, or extended on or after that date.
(1) Before a sponsor to which this section applies may sponsor new community schools in an alliance municipal school district, the sponsor shall request recommendation from the alliance to sponsor community schools in the district.
(2) The alliance shall review the sponsor's request and shall make a recommendation to the department based on the standards for sponsors developed under division (A)(2) of section 3311.87 of the Revised Code.
(3) The department shall use the standards developed under division (A)(2) of section 3311.87 of the Revised Code, in addition to any other requirements of the Revised Code, to review a sponsor's request and make a final determination, on recommendation of the alliance, of whether the sponsor may sponsor new community schools in the alliance municipal school district.
No sponsor shall be required to receive authorization to sponsor new community schools under division (E)(3) of this section more than one time.
(F) Directors, officers, and employees of an alliance are not public employees or public officials, are not subject to Chapters 124., 145., and 4117. of the Revised Code, and are not "public officials" or "public servants" as defined in section 2921.01 of the Revised Code. Membership on the board of directors of an alliance does not constitute the holding of an incompatible public office or employment in violation of any statutory or common law prohibition against the simultaneous holding of more than one public office or employment. Members of the board of directors of an alliance are not disqualified from holding any public office by reason of that membership, and do not forfeit by reason of that membership the public office or employment held when appointed to the board, notwithstanding any contrary disqualification or forfeiture requirement under the Revised Code or the common law of this state.
Sec. 3311.87. The department of education and workforce, in conjunction with the municipal school district transformation alliance established under section 3311.86 of the Revised Code, if such an alliance is established under that section, and a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state, shall do all of the following:
(A) Not later than December 31, 2012, establish both of the following:
(1) Objective criteria to be used by a sponsor to determine if it will sponsor new community schools located within the municipal school district. Beginning with any community school that opens after July 1, 2013, each sponsor shall use the criteria established under this division to determine whether to sponsor a community school in the municipal district.
(2) Criteria for assessing the ability of a sponsor to successfully sponsor a community school in a municipal school district.
The criteria adopted under divisions (A)(1) and (2) of this section shall be based on standards issued by the national association of charter school authorizers or any other nationally organized community or charter school organization.
(B) Not later than April 30, 2013, establish a comprehensive framework to assess the efficacy of district schools and community schools located in the municipal school district. Where possible, the framework shall be based on nationally accepted quality standards and principles for schools and shall be specific to a school's model, mission, and student populations.
Sec. 3312.01. (A) The educational regional service system is hereby established. The system shall support state and regional education initiatives and efforts to improve school effectiveness and student achievement. Services, including special education and related services, shall be provided under the system to school districts, community schools established under Chapter 3314. of the Revised Code, and chartered nonpublic schools.
It is the intent of the general assembly that the educational regional service system reduce the unnecessary duplication of programs and services and provide for a more streamlined and efficient delivery of educational services without reducing the availability of the services needed by school districts and schools.
(B) The educational regional service system shall consist of the following:
(1) The advisory councils and subcommittees established under sections 3312.03 and 3312.05 of the Revised Code;
(2) A fiscal agent for each of the regions as configured under section 3312.02 of the Revised Code;
(3) Educational service centers, information technology centers established under section 3301.075 of the Revised Code, and other regional education service providers.
(C) Educational service centers shall provide the services that they are specifically required to provide by the Revised Code and may enter into agreements pursuant to section 3313.843, 3313.844, or 3313.845 of the Revised Code for the provision of other services, which may include any of the following:
(1) Assistance in improving student performance;
(2) Services to enable a school district or school to operate more efficiently or economically;
(3) Professional development for teachers or administrators;
(4) Assistance in the recruitment and retention of teachers and administrators;
(5) Applying for any state or federal grant on behalf of a school district;
(6) Any other educational, administrative, or operational services.
In addition to implementing state and regional education initiatives and school improvement efforts under the educational regional service system, educational service centers shall implement state or federally funded initiatives assigned to the service centers by the general assembly or the department of education and workforce.
Any educational service center selected to be a fiscal agent for its region pursuant to section 3312.07 of the Revised Code shall continue to operate as an educational service center for the part of the region that comprises its territory.
(D) An educational service center shall be considered a school district or a local education agency for the purposes of eligibility in applying for any state or competitive federal grant.
(E) Information technology centers may enter into agreements for the provision of services pursuant to section 3312.10 of the Revised Code.
(F) No school district, community school, or chartered nonpublic school shall be required to purchase services from an educational service center or information technology center in the region in which the district or school is located, except that a local school district shall receive any services required by the Revised Code to be provided by an educational service center to the local school districts in its territory from the educational service center in whose territory the district is located.
Sec. 3312.02. (A) There shall be the following sixteen regions in the educational regional service system:
(1) Region one shall consist of the territory contained in Defiance, Fulton, Hancock, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, and Wood counties.
(2) Region two shall consist of the territory contained in Erie, Huron, and Lorain counties.
(3) Region three shall consist of the territory contained in Cuyahoga county.
(4) Region four shall consist of the territory contained in Geauga and Lake counties.
(5) Region five shall consist of the territory contained in Ashtabula, Mahoning, and Trumbull counties.
(6) Region six shall consist of the territory contained in Allen, Auglaize, Champaign, Hardin, Logan, Mercer, and Shelby counties.
(7) Region seven shall consist of the territory contained in Ashland, Crawford, Knox, Marion, Morrow, Richland, and Wyandot counties.
(8) Region eight shall consist of the territory contained in Medina, Portage, and Summit counties.
(9) Region nine shall consist of the territory contained in Columbiana, Stark, and Wayne counties.
(10) Region ten shall consist of the territory contained in Clark, Darke, Greene, Miami, Montgomery, and Preble counties.
(11) Region eleven shall consist of the territory contained in Delaware, Fairfield, Franklin, Licking, Madison, Pickaway, and Union counties.
(12) Region twelve shall consist of the territory contained in Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, Noble, and Tuscarawas counties.
(13) Region thirteen shall consist of the territory contained in Butler, Clermont, Hamilton, and Warren counties.
(14) Region fourteen shall consist of the territory contained in Adams, Brown, Clinton, Fayette, and Highland counties.
(15) Region fifteen shall consist of the territory contained in Lawrence, Pike, Ross, and Scioto counties.
(16) Region sixteen shall consist of the territory contained in Athens, Gallia, Hocking, Jackson, Meigs, Monroe, Morgan, Perry, Vinton, and Washington counties.
(B)
Not
later than July 1, 2007, the state board The
department of
education
and
workforce
shall
adopt rules establishing a process whereby a school district may
elect to transfer to a region other than the region to which the
district is assigned by this section. The state
board department
shall
consult with school districts and regional service providers in
developing the process. No school district shall be permitted to
transfer to a different region under this division after June 30,
2009.
Sec. 3312.04. The advisory council of each region of the educational regional service system shall do all of the following:
(A) Identify regional needs and priorities for educational services to inform the department of education and workforce in the development of the performance contracts entered into by the fiscal agent of the region under section 3312.08 of the Revised Code;
(B) Develop policies to coordinate the delivery of services to school districts, community schools, and chartered nonpublic schools in a manner that responds to regional needs and priorities. Such policies shall not supersede any requirement of a performance contract entered into by the fiscal agent of the region under section 3312.08 of the Revised Code.
(C) Make recommendations to the fiscal agent for the region regarding the expenditure of funds available to the region for implementation of state and regional education initiatives and school improvement efforts;
(D) Monitor implementation of state and regional education initiatives and school improvement efforts by educational service centers, information technology centers, and other regional service providers to ensure that the terms of the performance contracts entered into by the fiscal agent for the region under section 3312.08 of the Revised Code are being met;
(E) Establish an accountability system to evaluate the advisory council on its performance of the duties described in divisions (A) to (D) of this section.
Sec.
3312.07. (A)
Not
later than January 31, 2007, the The
department
of education
and
workforce
shall
select a school district or educational service center in each region
of the educational regional service system to be the fiscal agent for
the region. For this purpose, the department shall issue a request
for proposals from districts and service centers interested in being
a fiscal agent. The department shall select each fiscal agent based
upon the following criteria:
(1) Capability to serve as a fiscal agent as demonstrated by a satisfactory audit record and prior experience serving as a fiscal agent;
(2) Adequate capacity in terms of facilities, personnel, and other relevant resources;
(3) Evidence that the school district's or educational service center's role as a fiscal agent would result in minimal disruption to its responsibilities as a district or service center;
(4) Demonstrated intent to limit the aggregate fees for administering a performance contract entered into under section 3312.08 of the Revised Code to not more than seven per cent of the value of the contract.
(B) If no school district or educational service center in a region responds to the request for proposals issued by the department, the department shall select a district or service center in the region that meets the criteria in division (A) of this section to be the fiscal agent for the region.
Sec. 3312.08. Each fiscal agent selected by the department of education and workforce pursuant to section 3312.07 of the Revised Code shall do all of the following:
(A) Enter into performance contracts with the department in accordance with section 3312.09 of the Revised Code for the implementation of state and regional education initiatives and school improvement efforts;
(B) Receive federal and state funds, including federal funds for the provision of special education and related services, as specified in the performance contracts, and disburse those funds as specified in the performance contracts to educational service centers, information technology centers, and other regional service providers. However, any funds owed to an educational service center in accordance with an agreement entered into under section 3313.843, 3313.844, or 3313.845 of the Revised Code shall be paid directly to the service center by the department and any operating funds appropriated for an information technology center shall be paid directly to the information technology center by the department pursuant to section 3301.075 of the Revised Code.
(C)
Implement any expenditure of funds recommended by the advisory
council for the region pursuant to section 3312.04 of the Revised
Code or required by the terms of any performance contract, unless
there are insufficient funds available to the region to pay for the
expenditure or the expenditure violates a provision of the Revised
Code, a rule of the state
board of education department
regarding
such expenditure, or the terms of a performance contract;
(D) Exercise fiscal oversight of the implementation of state and regional education initiatives and school improvement efforts.
Sec. 3312.09. (A) Each performance contract entered into by the department of education and workforce and the fiscal agent of a region for implementation of a state or regional education initiative or school improvement effort shall include the following:
(1) An explanation of how the regional needs and priorities for educational services have been identified by the advisory council of the region, the advisory council's subcommittees, and the department;
(2) A definition of the services to be provided to school districts, community schools, and chartered nonpublic schools in the region, including any services provided pursuant to division (A) of section 3302.04 of the Revised Code;
(3) Expected outcomes from the provision of the services defined in the contract;
(4) The method the department will use to evaluate whether the expected outcomes have been achieved;
(5) A requirement that the fiscal agent develop and implement a corrective action plan if the results of the evaluation are unsatisfactory;
(6) Data reporting requirements;
(7) The aggregate fees to be charged by the fiscal agent and any entity with which it subcontracts to cover personnel and program costs associated with administering the contract, which fees shall be subject to controlling board approval if in excess of four per cent of the value of the contract.
(B) Upon completion of each evaluation described in a performance contract, the department shall post the results of that evaluation on its web site.
Sec. 3312.13. The department of education and workforce shall consider the following when entering into performance contracts with the fiscal agent of each region of the educational regional service system and when allocating funds for the implementation of statewide education initiatives by regional service providers;
(A) The unique needs and circumstances of the region;
(B) The regional needs and priorities for educational services identified by the advisory council for the region;
(C) Any services that will be provided to school districts and schools within the region pursuant to division (A) of section 3302.04 of the Revised Code.
Sec.
3313.03. Within
three months after the official announcement of the result of each
successive federal census, the board of education of each city school
district which, according to such census, has a population of fifty
thousand or more but less than one hundred fifty thousand persons and
which elected to have subdistricts shall redistrict such districts
into subdistricts. Such subdistricts shall be bounded as far as
practicable by corporation lines, streets, alleys, avenues, public
grounds, canals, watercourses, ward boundaries, voting precinct
boundaries, or present school district boundaries, shall be as nearly
equal in population as possible, and be composed of adjacent and as
compact territory as practicable. If the board of any such district
fails to district or redistrict such city school district, then the
superintendent
of public instruction director
of education and workforce shall
forthwith district or redistrict such city school district, subject
to sections 3313.01 to 3313.13,
inclusive,
of
the Revised Code.
Sec. 3313.25. (A) Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the duties of office, the treasurer of each board of education shall execute a bond, in an amount and with surety to be approved by the board, payable to the state, conditioned for the faithful performance of all the official duties required of the treasurer. Such bond must be deposited with the president of the board, and a copy thereof, certified by the president, shall be filed with the county auditor.
(B)(1) A treasurer shall not be held liable for a loss of public funds when the treasurer has performed all official duties required of the treasurer with reasonable care, but shall be liable only when a loss of public funds results from the treasurer's negligence or other wrongful act.
(2) The department of education and workforce shall not consider the loss of public funds not resulting from the treasurer's negligence or other wrongful act a violation of the treasurer's professional duties, provided the treasurer has performed all official duties required of the treasurer with reasonable care.
Sec. 3313.30. (A) If the auditor of state or a public accountant, under section 117.41 of the Revised Code, declares a school district to be unauditable, the auditor of state shall provide written notification of that declaration to the district and the department of education and workforce. The auditor of state also shall post the notification on the auditor of state's web site.
(B)
If the district's current treasurer held that position during the
period for which the district is unauditable, upon receipt of the
notification under division (A) of this section, the district board
of education shall suspend the treasurer until the auditor of state
or a public accountant has completed an audit of the district.
Suspension of the treasurer may be with or without pay, as determined
by the district board based on the circumstances that prompted the
auditor of state's declaration. The district board shall appoint a
person to assume the duties of the treasurer during the period of the
suspension. If the appointee is not licensed as a treasurer under
section 3301.074 of the Revised Code, the appointee shall be approved
by the superintendent
of public instruction director
of education and workforce before
assuming the duties of the treasurer. The state board of education
may take action under section 3319.31 of the Revised Code to suspend,
revoke, or limit the license of a treasurer who has been suspended
under this division.
(C) Not later than forty-five days after receiving the notification under division (A) of this section, the district board shall provide a written response to the auditor of state. The response shall include the following:
(1) An overview of the process the district board will use to review and understand the circumstances that led to the district becoming unauditable;
(2) A plan for providing the auditor of state with the documentation necessary to complete an audit of the district and for ensuring that all financial documents are available in the future;
(3) The actions the district board will take to ensure that the plan described in division (C)(2) of this section is implemented.
(D) If the school district fails to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition within ninety days after being declared unauditable, the auditor of state, in addition to requesting legal action under sections 117.41 and 117.42 of the Revised Code, shall notify the district and the department of the district's failure. If the auditor of state or a public accountant subsequently is able to complete a financial audit of the district, the auditor of state shall notify the district and the department that the audit has been completed.
(E) Notwithstanding any provision to the contrary in Chapter 3317. of the Revised Code or in any other provision of law, upon notification by the auditor of state under division (D) of this section that the district has failed to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition, the department shall immediately cease all payments to the district under Chapter 3317. of the Revised Code and any other provision of law. Upon subsequent notification from the auditor of state under that division that the auditor of state or a public accountant was able to complete a financial audit of the district, the department shall release all funds withheld from the district under this section.
Sec. 3313.413. (A) As used in this section, "high-performing community school" means either of the following:
(1) A community school established under Chapter 3314. of the Revised Code that meets the following conditions:
(a) Except as provided in division (A)(1)(b) or (c) of this section, the school both:
(i) Has received either a grade of "A," "B," or "C" for the performance index score under division (C)(1)(b) of section 3302.03 of the Revised Code or a performance rating of three stars or higher for achievement under division (D)(3)(b) of that section; or has increased its performance index score under division (C)(1)(b) or (D)(1)(d) of section 3302.03 of the Revised Code in each of the previous three years of operation; and
(ii) Has received either a grade of "A" or "B" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code or a performance rating of four stars or higher for progress under division (D)(3)(c) of that section on its most recent report card rating issued under that section.
(b) If the school serves only grades kindergarten through three, the school received either a grade of "A" or "B" for making progress in improving literacy in grades kindergarten through three under division (C)(1)(g) of section 3302.03 of the Revised Code or a performance rating of four stars or higher for early literacy under division (D)(3)(e) of that section on its most recent report card issued under that section.
(c) If the school primarily serves students enrolled in a dropout prevention and recovery program as described in division (A)(4)(a) of section 3314.35 of the Revised Code, the school received a rating of "exceeds standards" on its most recent report card issued under section 3314.017 of the Revised Code.
(2) A newly established community school that is implementing a community school model that has a track record of high-quality academic performance, as determined by the department of education and workforce.
(B) When a school district board of education decides to dispose of real property it owns in its corporate capacity under section 3313.41 of the Revised Code, the board shall first offer that property to the governing authorities of all start-up community schools, the boards of trustees of any college-preparatory boarding schools, and the governing bodies of any STEM schools that are located within the territory of the district. Not later than sixty days after the district board makes the offer, interested governing authorities, boards of trustees, and governing bodies shall notify the district treasurer in writing of the intention to purchase the property.
The district board shall give priority to the governing authorities of high-performing community schools that are located within the territory of the district.
(1) If more than one governing authority of a high-performing community school notifies the district treasurer of its intention to purchase the property pursuant to division (B) of this section, the board shall conduct a public auction in the manner required for auctions of district property under division (A) of section 3313.41 of the Revised Code. Only the governing authorities of high-performing community schools that notified the district treasurer pursuant to division (B) of this section are eligible to bid at the auction.
(2) If no governing authority of a high-performing community school notifies the district treasurer of its intention to purchase the property pursuant to division (B) of this section, the board shall then proceed with the offers from all other start-up community schools, college-preparatory boarding schools, and STEM schools made pursuant to that division. If more than one such entity notifies the district treasurer of its intention to purchase the property pursuant to division (B) of this section, the board shall conduct a public auction in the manner required for auctions of district property under division (A) of section 3313.41 of the Revised Code. Only the entities that notified the district treasurer pursuant to division (B) of this section are eligible to bid at the auction.
(3) If no governing authority, board of trustees, or governing body notifies the district treasurer of its intention to purchase the property pursuant to division (B) of this section, the district may then offer the property for sale in the manner prescribed under divisions (A) to (F) of section 3313.41 of the Revised Code.
(C) Notwithstanding anything to the contrary in sections 3313.41 and 3313.411 of the Revised Code, the purchase price of any real property sold to any of the entities in accordance with division (B) of this section shall not be more than the appraised fair market value of that property as determined in an appraisal of the property that is not more than one year old.
(D) Not later than the first day of October of each year, the department of education and workforce shall post in a prominent location on its web site a list of schools that qualify as high-performing community schools for purposes of this section and section 3313.411 of the Revised Code.
Sec. 3313.472. (A) The board of education of each city, exempted village, local, and joint vocational school district shall adopt a policy on parental involvement in the schools of the district. The policy shall be designed to build consistent and effective communication between the parents and foster caregivers of students enrolled in the district and the teachers and administrators assigned to the schools their children or foster children attend. The policy shall provide the opportunity for parents and foster caregivers to be actively involved in their children's or foster children's education and to be informed of the following:
(1) The importance of the involvement of parents and foster caregivers in directly affecting the success of their children's or foster children's educational efforts;
(2) How and when to assist their children or foster children in and support their children's or foster children's classroom learning activities;
(3) Techniques, strategies, and skills to use at home to improve their children's or foster children's academic success and to support their children's or foster children's academic efforts at school and their children's or foster children's development as future responsible adult members of society.
(B)
The state
board department
of
education and
workforce shall
adopt recommendations for the development of parental involvement
policies under this section. Prior to adopting the recommendations,
the state
board department
shall
consult with the national center for parents at the university of
Toledo.
Sec. 3313.48. (A) The board of education of each city, exempted village, local, and joint vocational school district shall provide for the free education of the youth of school age within the district under its jurisdiction, at such places as will be most convenient for the attendance of the largest number thereof. Each school so provided and each chartered nonpublic school shall be open for instruction with pupils in attendance, including scheduled classes, supervised activities, and approved education options but excluding lunch and breakfast periods and extracurricular activities, for not less than four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, as defined in section 3321.05 of the Revised Code, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year, which may include all of the following:
(1) Up to the equivalent of two school days per year during which pupils would otherwise be in attendance but are not required to attend for the purpose of individualized parent-teacher conferences and reporting periods;
(2) Up to the equivalent of two school days per year during which pupils would otherwise be in attendance but are not required to attend for professional meetings of teachers;
(3) Morning and afternoon recess periods of not more than fifteen minutes duration per period for pupils in grades kindergarten through six.
(B) Not later than thirty days prior to adopting a school calendar, the board of education of each city, exempted village, and local school district shall hold a public hearing on the school calendar, addressing topics that include, but are not limited to, the total number of hours in a school year, length of school day, and beginning and end dates of instruction.
(C) No school operated by a city, exempted village, local, or joint vocational school district shall reduce the number of hours in each school year that the school is scheduled to be open for instruction from the number of hours per year the school was open for instruction during the previous school year unless the reduction is approved by a resolution adopted by the district board of education. Any reduction so approved shall not result in fewer hours of instruction per school year than the applicable number of hours required under division (A) of this section.
(D) Prior to making any change in the hours or days in which a high school under its jurisdiction is open for instruction, the board of education of each city, exempted village, and local school district shall consider the compatibility of the proposed change with the scheduling needs of any joint vocational school district in which any of the high school's students are also enrolled. The board shall consider the impact of the proposed change on student access to the instructional programs offered by the joint vocational school district, incentives for students to participate in career-technical education, transportation, and the timing of graduation. The board shall provide the joint vocational school district board with advance notice of the proposed change and the two boards shall enter into a written agreement prescribing reasonable accommodations to meet the scheduling needs of the joint vocational school district prior to implementation of the change.
(E) Subject to section 3327.016 of the Revised Code, prior to making any change in the hours or days in which a school under its jurisdiction is open for instruction, the board of education of each city, exempted village, and local school district shall consider the compatibility of the proposed change with the scheduling needs of any community school established under Chapter 3314. of the Revised Code to which the district is required to transport students under sections 3314.09 and 3327.01 of the Revised Code. The board shall consider the impact of the proposed change on student access to the instructional programs offered by the community school, transportation, and the timing of graduation. The board shall provide the sponsor, governing authority, and operator of the community school with advance notice of the proposed change, and the board and the governing authority, or operator if such authority is delegated to the operator, shall enter into a written agreement prescribing reasonable accommodations to meet the scheduling needs of the community school prior to implementation of the change.
(F) Subject to section 3327.016 of the Revised Code, prior to making any change in the hours or days in which the schools under its jurisdiction are open for instruction, the board of education of each city, exempted village, and local school district shall consult with the chartered nonpublic schools to which the district is required to transport students under section 3327.01 of the Revised Code and shall consider the effect of the proposed change on the schedule for transportation of those students to their nonpublic schools. The governing authority of a chartered nonpublic school shall consult with each school district board of education that transports students to the chartered nonpublic school under section 3327.01 of the Revised Code prior to making any change in the hours or days in which the nonpublic school is open for instruction.
(G)
The state
board department
of
education
and
workforce
shall
not adopt or enforce any rule or standard that imposes on chartered
nonpublic schools the procedural requirements imposed on school
districts by divisions (B), (C), (D), and (E) of this section.
Sec.
3313.483. (A)
A board of education, upon the adoption of a resolution stating that
it may be financially unable to open on the day or to remain open for
instruction on all days set forth in its adopted school calendar and
pay all obligated expenses, or the superintendent
of public instruction director
of education and workforce upon
the issuance of written notification under division (B) of section
3313.489 of the Revised Code, shall request the auditor of state to
determine whether such situation exists. The auditor shall deliver a
copy of each request from a board of education to the superintendent
of public instructiondirector.
In the case of a school district not under a fiscal emergency
pursuant to Chapter 3316. of the Revised Code the auditor shall not
issue a finding under this section until written notification is
received from the superintendent
director
pursuant
to section 3313.487 of the Revised Code.
(B)
If the auditor of state finds that the board of education has
attempted to avail itself to the fullest extent authorized by law of
all lawful revenue sources available to it except those authorized by
section 5705.21 of the Revised Code, the auditor shall certify that
finding to the superintendent
of public instruction and the state board department
of
education
and
workforce
and
shall certify the operating deficit the district will have at the end
of the fiscal year if it commences or continues operating its
instructional program in accordance with its adopted school calendar
and pays all obligated expenses.
(C)
No board of education may delay the opening of its schools or close
its schools for financial reasons. Upon the request of the
superintendent
of public instructiondirector
of education and workforce,
the attorney general shall seek injunctive relief and any other
relief required to enforce this prohibition in the court of common
pleas of Franklin county. The court of common pleas of Franklin
county has exclusive original jurisdiction over all such actions.
(D) Upon the receipt of any certification of an operating deficit from the auditor of state, a board of education shall make application to a commercial bank, underwriter, or other prospective lender or purchaser of its obligations for a loan in an amount sufficient to enable the district to open or remain open for instruction on all days set forth in its adopted school calendar but not to exceed the amount of the deficit certified.
(E)(1)
Any board of education that has applied for and been denied a loan
from a commercial bank, underwriter, or other prospective lender or
purchaser of its obligations pursuant to division (D) of this section
shall submit to the superintendent
of public instruction director
of education and workforce a
plan for implementing reductions in the school district's budget;
apply for a loan from a commercial bank, underwriter, or other
prospective lender or purchaser of its obligations in an amount not
to exceed its certified deficit; and provide the superintendent
director
such
information as the superintendent
director
requires
concerning its application for such a loan. The board of education of
a school district declared to be under a fiscal watch pursuant to
division (A) of section 3316.03 of the Revised Code may, upon
approval of the superintendentdirector,
utilize the financial plan required by section 3316.04 of the Revised
Code, or applicable parts thereof, as the plan required under this
division. The board of education of a school district declared to be
under a fiscal emergency pursuant to division (B) of section 3316.03
of the Revised Code may utilize the financial recovery plan for the
district, or applicable parts thereof, as the plan required under
this division. Except for the plan of a school district under a
fiscal emergency, the superintendent
director
shall
evaluate, make recommendations concerning, and approve or disapprove
each plan. When a plan is submitted, the superintendent
director
shall
immediately notify the members of the general assembly whose
legislative districts include any or all of the territory of the
school district submitting the plan.
(2)
The superintendent
director
shall
submit to the controlling board a copy of each plan the
superintendent
director
approves,
or each plan submitted by a district under a fiscal emergency
pursuant to division (B) of section 3316.03 of the Revised Code, and
the general terms of each proposed loan, and shall make
recommendations regarding the plan and whether a proposed loan to the
board of education should be approved for payment as provided in
division (E)(3) of this section. The controlling board shall approve
or disapprove the plan and the proposed loan presented to it by the
superintendentdirector.
In the case of a district not under a fiscal emergency pursuant to
division (B) of section 3316.03 of the Revised Code, the controlling
board may require a board of education to implement the
superintendent's
director's
recommendations
for expenditure reductions or impose other requirements. Loan
repayments shall be in accordance with a schedule approved by the
superintendentdirector,
except that the principal amount of the loan shall be payable in
monthly, semiannual, or annual installments of principal and interest
that are substantially equal principal and interest installments.
Except as otherwise provided in division (E)(2) of this section,
repayment shall be made no later than the fifteenth day of June of
the second fiscal year following the approval of the loan. A school
district with a certified deficit in excess of either twenty-five
million dollars or fifteen per cent of the general fund expenditures
of the district during the fiscal year shall repay the loan no later
than the fifteenth day of June of the tenth fiscal year following the
approval of the loan. In deciding whether to approve or disapprove a
proposed loan, the controlling board shall consider the deficit
certified by the auditor of state pursuant to this section. A board
of education that has an outstanding loan approved pursuant to this
section with a repayment date of more than two fiscal years after the
date of approval of such loan may not apply for another loan with
such a repayment date until the outstanding loan has been repaid.
(3)
If a board of education has submitted and received controlling board
approval of a plan and proposed loan in accordance with this section,
the superintendent
of public instruction director
of education and workforce shall
report to the controlling board the actual amounts loaned to the
board of education. Such board of education shall request the
superintendent
director
to
pay any funds the board of education would otherwise receive pursuant
to Chapter 3306. of the Revised Code first directly to the holders of
the board of education's notes, or an agent thereof, such amounts as
are specified under the terms of the loan. Such payments shall be
made only from and to the extent of money appropriated by the general
assembly for purposes of such sections. No note or other obligation
of the board of education under the loan constitutes an obligation
nor a debt or a pledge of the faith, credit, or taxing power of the
state, and the holder or owner of such note or obligation has no
right to have taxes levied by the general assembly for the payment of
such note or obligation, and such note or obligation shall contain a
statement to that effect.
(4) Pursuant to the terms of such a loan, a board of education may issue its notes in anticipation of the collection of its voted levies for current expenses or its receipt of such state funds or both. Such notes shall be issued in accordance with division (E) of section 133.10 of the Revised Code and constitute Chapter 133. securities to the extent such division and the otherwise applicable provisions of Chapter 133. of the Revised Code are not inconsistent with this section, provided that in any event sections 133.24 and 5705.21 and divisions (A), (B), (C), and (E)(2) of section 133.10 of the Revised Code do not apply to such notes.
(5) Notwithstanding section 133.36 or 3313.17, any other section of the Revised Code, or any other provision of law, a board of education that has received a loan under this section may not declare bankruptcy, so long as any portion of such loan remains unpaid.
(F) Under this section and section 3313.4810, "board of education" or "district board" includes the financial planning and supervision commission of a school district under a fiscal emergency pursuant to Chapter 3316. of the Revised Code where such commission chooses to exercise the powers and duties otherwise required of the district board of education under this section and section 3313.4810 of the Revised Code.
Sec. 3313.484. No loan shall be approved under sections 3313.483 to 3313.4810 of the Revised Code after March 1, 1998.
By the last day of June each year, the department of education and workforce shall calculate and pay a subsidy to every school district that during the current fiscal year paid and was obligated to pay interest on a loan under sections 3313.483 to 3313.4810 of the Revised Code in excess of two per cent simple interest. The amount of the subsidy shall equal the difference between the amount of interest the district paid and was obligated to pay during the year and the interest that the district would have been obligated to pay if the interest rate on the loan had been two per cent per year.
Sec.
3313.487. (A)
Upon receipt of a copy of a request for a determination under section
3313.483 of the Revised Code or upon the issuance of written
notification under division (B) of section 3313.489 of the Revised
Code, the superintendent
of public instruction department
of education and workforce shall
analyze the district's financial condition and ascertain what
elements of the district's educational program exceed or fail to meet
the minimum standards of the state
board director
of
education
and
workforce
and
requirements set forth in the Revised Code, and what, if any,
additional revenues or revenue sources may be available to the
district that are not included in its official certificate or amended
certificate of estimated resources. The superintendent
director
shall
make a written report of the superintendent's
director's
findings
to the school district's board of education,
and
the
auditor of state,
and the state board of education.
The report shall include any recommendations, including reductions in
programs which exceed minimum standards of the state
board of education director
or
requirements set forth in the Revised Code, that, if followed, would
enable the district to reduce its expenses while operating an
educational program that is responsive to the educational needs of
the school district in accordance with its adopted school calendar.
The superintendent
director
may
determine that a responsive educational program requires the
inclusion of elements exceeding the minimum standards of the state
board of education director
or
requirements of the Revised Code. If, upon completion of the analysis
and findings as provided in this division, the superintendent
director
determines
that the district will be financially unable to operate its
educational program in accordance with its adopted school calendar
and pay all obligated expenses, the superintendent
director
shall
notify the auditor of state in writing. Upon receipt of such
notification, the auditor of state shall issue findings pursuant to
section 3313.483 of the Revised Code.
(B)
Upon the receipt of the superintendent
of public instruction's director
of education and workforce's report
under division (A) of this section or a certification from the
auditor of state under section 3313.483 of the Revised Code, the
state
board of education director
may,
at any time during the next ninety days, issue an order making the
school district subject to section 3313.488 of the Revised Code if it
finds the school district is not able to operate an educational
program from existing revenue sources during the current and the
ensuing school year. Such order shall take immediate effect, and such
section shall apply to the school district. Prior
to the issuance of any order under this division, the state board of
education may request from the superintendent of public instruction a
recommendation regarding the matter of the issuance of an order
making a school district subject to section 3313.488 of the Revised
Code. A
board of education may appeal the order on questions of fact to the
court of common pleas of Franklin county.
(C)
Notwithstanding division (B) of this section, the state
board of education director
shall
issue an order making a school district subject to section 3313.488
of the Revised Code if the district fails to enter into a loan
agreement with a commercial lending institution within forty-five
days of the deficit certification pursuant to section 3313.483 of the
Revised Code. If the state
board director
issues
an order under this division, the superintendent
of public instruction director
shall
apply for a loan from a commercial lending institution pursuant to
section 3313.483 of the Revised Code on behalf of the district. The
superintendent
director
shall
have full authority to act on behalf of the board of education of a
school district with respect to the making of loan agreements, and
any loan agreement made by the superintendent
director
shall
be fully binding on the school district.
(D) This section does not apply to a school district declared to be under a fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code.
Sec.
3313.488. (A)
Within fifteen days after the date the state
board director
of
education
and
workforce
issues
an order under section 3313.487 of the Revised Code making a school
district subject to this section, the district's board of education
shall prepare a fiscal statement of expenses and expenditures for the
remainder of the current fiscal year. The fiscal statement shall be
submitted to the superintendent
of public instruction department
of education and workforce and
shall set forth all revenues to be received by the district during
the remainder of the fiscal year and their sources, the expenses to
be incurred by the district during the remainder of the fiscal year,
the outstanding and unpaid expenses at the time the fiscal statement
is prepared and the date or dates by which such expenses must be
paid, and such other information as the superintendent
director
requires
to enable the superintendent
department
of education and workforce to
ensure that during the remainder of the fiscal year, the district
will not incur any expenses that will further impair its ability to
operate an instructional program that meets or exceeds the minimum
standards of the state
board of educationdirector
and
requirements of the Revised Code during the current and ensuing
fiscal years with the revenue available to it from existing revenue
sources. The fiscal statement shall be presented in such detail and
form as the superintendent
department
prescribes.
Beginning the tenth day after the fiscal statement is submitted and
for the remainder of the fiscal year, the board shall not make any
expenditure of money, make any employment, purchase, or rental
contract, give any order involving the expenditure of money, or
increase any wage or salary schedule unless the superintendent
of public instruction director
has
approved the fiscal statement in writing and the expenditure,
contract, order, or schedule has been approved in writing by the
superintendent
director
as
being in conformity with the fiscal statement.
Any
contract or expenditure made, order given, or schedule adopted or put
into effect without the written approval of the superintendent
of public instruction director
is
void, and no warrant shall be issued in payment of any amount due
thereon.
(B)
A board of education subject to division (A) of this section shall
prepare a fiscal statement of expenses and expenditures for the
ensuing fiscal year. The fiscal statement shall be submitted to the
superintendent
of public instruction director
and
shall set forth all revenues to be received by the district during
such year and their source, the expenses to be incurred by the
district during such year, the outstanding and unpaid expenses on the
first day of such fiscal year, the date or dates by which such
expenses must be paid, and such other information as the
superintendent
department
requires
to enable the superintendent
department
to
ensure that during such year, the district will not incur any
expenses that will further impair its ability to operate an
instructional program that meets or exceeds the minimum standards of
the state
board of education director
and
requirements of the Revised Code during such year with the revenue
available to it from existing revenue sources. The fiscal statement
shall be presented at the time and in such detail and form as the
superintendent
department
prescribes.
During the fiscal year following the year in which a board of
education first becomes subject to division (A) of this section it
shall not make any expenditure of money, make any employment,
purchase, or rental contract, give any order involving the
expenditure of money, or increase any wage or salary schedule unless
the superintendent
of public instruction director
has
approved the fiscal statement submitted under this division in
writing and has approved the expenditure, contract, order, or
schedule in writing as being in conformity with the fiscal statement.
Any
contract or expenditure made, order given, or schedule adopted or put
into effect without the written approval of the superintendent
of public instruction director
is
void, and no warrant shall be issued in payment of any amount due
thereon.
(C)
The state
board of education department
shall
examine any fiscal statement presented to and approved by the
superintendent of public instruction it
under
division (B) of this section and shall determine whether the data set
forth in the fiscal statement are factual and based upon assumptions
that in its judgment are reasonable expectations consistent with
acceptable governmental budget and accounting practices. If the state
board department
so
determines and finds that the revenues and expenditures in the fiscal
statement are in balance for the fiscal year and the fiscal statement
will enable the district to operate during such year without
interrupting its school calendar, it shall certify its determination
and finding to the district at least thirty days prior to the
beginning of the fiscal year, and the district shall thereupon cease
to be subject to this section. If the state
board department
does
not make such a determination and finding, the board of education and
school district are subject to this division and division (B) of this
section in the ensuing fiscal year and each fiscal year thereafter
until the state
board department
makes
a determination, finding, and certification under this division.
(D)
Any officer, employee, or other person who knowingly expends or
authorizes the expenditure of any public funds or knowingly
authorizes or executes any contract, order, or schedule contrary to
division (A) or (B) of this section or who knowingly expends or
authorizes the expenditure of any public funds on any such void
contract, order, or schedule is jointly and severally liable in
person and upon any official bond that the officer, employee, or
other person has given to such school district to the extent of any
payments on the void claim, not to exceed twenty thousand dollars.
The attorney general at the written request of the superintendent
of public instruction department
shall
enforce this liability by civil action brought in any court of
appropriate jurisdiction in the name of and on behalf of the school
district.
(E) This section does not apply to a school district declared to be under a fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code.
Sec.
3313.489. (A)
The superintendent
of public instruction director
of education and workforce shall
examine each five-year projection of revenues and expenditures
submitted under section 5705.391 of the Revised Code and shall
determine whether the information contained therein, together with
any other relevant information, indicates that the district may be
financially unable to operate its instructional program on all days
set forth in its adopted school calendars and pay all obligated
expenses during the current fiscal year. If a board of education has
not adopted a school calendar for the school year beginning on the
first day of July of the current fiscal year at the time an
examination is required under this division, the superintendent
director
shall
examine the five-year projection and determine whether the district
may be financially unable to pay all obligated expenses and operate
its instructional program for the number of days on which instruction
was held in the preceding fiscal year.
(B)
If the superintendent
of public instruction director
of education and workforce determines
pursuant to division (A) of this section that a school district may
be financially unable to operate its instructional program on all
days required by such division and pay all obligated expenses during
the current fiscal year, the superintendent
director
shall
provide written notification of such determination to the president
of the district's board of education and the auditor of state.
(C) This section does not apply to a school district declared to be under a fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code.
Sec.
3313.4810. Any
school district receiving a loan under section 3313.483 of the
Revised Code in excess of seven per cent of the general fund
expenditures of the district during the fiscal year in which the loan
is received and that has received a loan under that section within
the last five years is subject to section 3313.488 of the Revised
Code for the duration of the fiscal year in which the district
receives the loan and during the ensuing two fiscal years. The
controlling board may not relieve a school district to which this
section applies from any requirements imposed under section 3313.483
of the Revised Code to implement recommendations of the
superintendent
of public instruction director
of education and workforce for
expenditure reduction and may not modify any other requirements
imposed under such section upon such a district as a condition for
receiving the loan unless expressly authorized to do so by law. The
superintendent
of public instruction director
shall,
among any recommendations the superintendent
director
makes
for expenditure reduction under section 3313.483 of the Revised Code
affecting the number of employees of a school district to which this
section applies, provide wherever possible for the retention of
teachers who are actually involved in the daily teaching of students
in the classroom.
Sec.
3313.531. (A)
As used in this section, "adult high school continuation
programs" means an organized instructional program for persons
sixteen years of age and older, except as provided in division (C) of
this section, who are not otherwise enrolled in a high school for
which the state
board director
of
education and
workforce sets
standards pursuant to section 3301.07 of the Revised Code. Such
programs are limited to courses for which credit may be granted
toward the issuance of a high school diploma.
(B) The board of education of any school district may establish and operate an adult high school continuation program. Two or more boards of education may jointly establish and operate such a program. The resolution establishing an adult high school continuation program may specify the contribution and expenditure of funds, the use of buildings, equipment, and other school facilities, and such other matters as the board wishes to include. In the case of a jointly operated program, the resolutions establishing such program shall also designate one of the participating boards to be responsible for receiving and disbursing funds, and administering the program for the benefit of all participating boards of education.
(C)
A board of education that operates an adult high school continuation
program alone or jointly with another board may, by resolution,
authorize the district's superintendent to assign to such program in
accordance with this section, any student who has not received a high
school diploma, who is at least eighteen years old, and who is being
readmitted to school following expulsion or commitment to the
department of youth services. Before making any such assignment, the
superintendent or his
the
superintendent's
designee
shall meet with the student to determine whether he
the
student
should
be so assigned, and shall prepare a report on his
the
superintendent's or designee's
findings
and determination. If based on his
the
meeting
or his
the
designee's
report the superintendent finds that the pupil should be placed in a
program under this section, the superintendent shall make the
assignment. Once assigned to the program, the student shall remain in
it until he
the
student
is
reassigned by the superintendent or leaves school. At least once in
each academic term, the superintendent or his
the
superintendent's
designee
shall review the progress of each student assigned to the program
under this division and the superintendent shall, based on the
review, make a determination of whether the student should remain in
the program or be reassigned. Tuition shall not be charged for the
attendance of any student assigned to a program pursuant to this
division who is entitled under section 3313.64 of the Revised Code to
attend the schools of the district without payment of tuition.
(D)
The state
board department
of
education and
workforce shall
adopt rules and standards governing the operations of adult high
school continuation programs. Any school district or combination of
districts operating such a program in accordance with the rules and
standards of the state
board of education department
may
receive
from the state board of education,
with the approval of the
superintendent
of public instruction, department,
receive reimbursement
from
the department in
an amount not to exceed ten dollars per instructional hour.
Sec. 3313.532. (A) Any person twenty-two or more years of age and enrolled in an adult high school continuation program established pursuant to section 3313.531 of the Revised Code may request the board of education operating the program to conduct an evaluation in accordance with division (C) of this section.
(B) Any applicant to a board of education for a diploma of adult education under division (B) of section 3313.611 of the Revised Code may request the board to conduct an evaluation in accordance with division (C) of this section.
(C)
Upon the request of any person pursuant to division (A) or (B) of
this section, the board of education to which the request is made
shall evaluate the person to determine whether the person is
disabled, in accordance with rules adopted by the state
board department
of
education
and
workforce.
If the evaluation indicates that the person is disabled, the board
shall determine whether to excuse the person from taking any of the
assessments required by section 3313.618 of the Revised Code as a
requirement for receiving a diploma under section 3313.611 of the
Revised Code. The board may require the person to take an alternate
assessment in place of any test from which the person is so excused.
Sec. 3313.533. (A) The board of education of a city, exempted village, or local school district may adopt a resolution to establish and maintain an alternative school in accordance with this section. The resolution shall specify, but not necessarily be limited to, all of the following:
(1) The purpose of the school, which purpose shall be to serve students who are on suspension, who are having truancy problems, who are experiencing academic failure, who have a history of class disruption, who are exhibiting other academic or behavioral problems specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code;
(2) The grades served by the school, which may include any of grades kindergarten through twelve;
(3) A requirement that the school be operated in accordance with this section. The board of education adopting the resolution under division (A) of this section shall be the governing board of the alternative school. The board shall develop and implement a plan for the school in accordance with the resolution establishing the school and in accordance with this section. Each plan shall include, but not necessarily be limited to, all of the following:
(a) Specification of the reasons for which students will be accepted for assignment to the school and any criteria for admission that are to be used by the board to approve or disapprove the assignment of students to the school;
(b) Specification of the criteria and procedures that will be used for returning students who have been assigned to the school back to the regular education program of the district;
(c) An evaluation plan for assessing the effectiveness of the school and its educational program and reporting the results of the evaluation to the public.
(B) Notwithstanding any provision of Title XXXIII of the Revised Code to the contrary, the alternative school plan may include any of the following:
(1) A requirement that on each school day students must attend school or participate in other programs specified in the plan or by the chief administrative officer of the school for a period equal to the minimum school day set by the board of education under section 3313.48 of the Revised Code plus any additional time required in the plan or by the chief administrative officer;
(2) Restrictions on student participation in extracurricular or interscholastic activities;
(3) A requirement that students wear uniforms prescribed by the district board of education.
(C) In accordance with the alternative school plan, the district board of education may employ teachers and nonteaching employees necessary to carry out its duties and fulfill its responsibilities or may contract with a nonprofit or for profit entity to operate the alternative school, including the provision of personnel, supplies, equipment, or facilities.
(D) An alternative school may be established in all or part of a school building.
(E) If a district board of education elects under this section, or is required by section 3313.534 of the Revised Code, to establish an alternative school, the district board may join with the board of education of one or more other districts to form a joint alternative school by forming a cooperative education school district under section 3311.52 or 3311.521 of the Revised Code, or a joint educational program under section 3313.842 of the Revised Code. The authority to employ personnel or to contract with a nonprofit or for profit entity under division (C) of this section applies to any alternative school program established under this division.
(F) Any individual employed as a teacher at an alternative school operated by a nonprofit or for profit entity under this section shall be licensed and shall be subject to background checks, as described in section 3319.39 of the Revised Code, in the same manner as an individual employed by a school district.
(G) Division (G) of this section applies only to any alternative school that is operated by a nonprofit or for profit entity under contract with the school district.
(1) In addition to the specifications authorized under division (B) of this section, any plan adopted under that division for an alternative school to which division (G) of this section also applies shall include the following:
(a) A description of the educational program provided at the alternative school, which shall include:
(i) Provisions for the school to be configured in clusters or small learning communities;
(ii) Provisions for the incorporation of education technology into the curriculum;
(iii) Provisions for accelerated learning programs in reading and mathematics.
(b) A method to determine the reading and mathematics level of each student assigned to the alternative school and a method to continuously monitor each student's progress in those areas. The methods employed under this division shall be aligned with the curriculum adopted by the school district board of education under section 3313.60 of the Revised Code.
(c) A plan for social services to be provided at the alternative school, such as, but not limited to, counseling services, psychological support services, and enrichment programs;
(d) A plan for a student's transition from the alternative school back to a school operated by the school district;
(e) A requirement that the alternative school maintain financial records in a manner that is compatible with the form prescribed for school districts by the auditor of state to enable the district to comply with any rules adopted by the auditor of state.
(2) Notwithstanding division (A)(2) of this section, any alternative school to which division (G) of this section applies shall include only grades six through twelve.
(3) Notwithstanding anything in division (A)(3)(a) of this section to the contrary, the characteristics of students who may be assigned to an alternative school to which division (G) of this section applies shall include only disruptive and low-performing students.
(H) When any district board of education determines to contract with a nonprofit or for profit entity to operate an alternative school under this section, the board shall use the procedure set forth in this division.
(1) The board shall publish notice of a request for proposals in a newspaper of general circulation in the district once each week for a period of two consecutive weeks, or as provided in section 7.16 of the Revised Code, prior to the date specified by the board for receiving proposals. Notices of requests for proposals shall contain a general description of the subject of the proposed contract and the location where the request for proposals may be obtained. The request for proposals shall include all of the following information:
(a) Instructions and information to respondents concerning the submission of proposals, including the name and address of the office where proposals are to be submitted;
(b) Instructions regarding communications, including at least the names, titles, and telephone numbers of persons to whom questions concerning a proposal may be directed;
(c) A description of the performance criteria that will be used to evaluate whether a respondent to which a contract is awarded is meeting the district's educational standards or the method by which such performance criteria will be determined;
(d) Factors and criteria to be considered in evaluating proposals, the relative importance of each factor or criterion, and a description of the evaluation procedures to be followed;
(e) Any terms or conditions of the proposed contract, including any requirement for a bond and the amount of such bond;
(f) Documents that may be incorporated by reference into the request for proposals, provided that the request for proposals specifies where such documents may be obtained and that such documents are readily available to all interested parties.
(2) After the date specified for receiving proposals, the board shall evaluate the submitted proposals and may hold discussions with any respondent to ensure a complete understanding of the proposal and the qualifications of such respondent to execute the proposed contract. Such qualifications shall include, but are not limited to, all of the following:
(a) Demonstrated competence in performance of the required services as indicated by effective implementation of educational programs in reading and mathematics and at least three years of experience successfully serving a student population similar to the student population assigned to the alternative school;
(b) Demonstrated performance in the areas of cost containment, the provision of educational services of a high quality, and any other areas determined by the board;
(c) Whether the respondent has the resources to undertake the operation of the alternative school and to provide qualified personnel to staff the school;
(d) Financial responsibility.
(3) The board shall select for further review at least three proposals from respondents the board considers qualified to operate the alternative school in the best interests of the students and the district. If fewer than three proposals are submitted, the board shall select each proposal submitted. The board may cancel a request for proposals or reject all proposals at any time prior to the execution of a contract.
The board may hold discussions with any of the three selected respondents to clarify or revise the provisions of a proposal or the proposed contract to ensure complete understanding between the board and the respondent of the terms under which a contract will be entered. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion regarding clarifications or revisions. The board may terminate or discontinue any further discussion with a respondent upon written notice.
(4) Upon further review of the three proposals selected by the board, the board shall award a contract to the respondent the board considers to have the most merit, taking into consideration the scope, complexity, and nature of the services to be performed by the respondent under the contract.
(5) Except as provided in division (H)(6) of this section, the request for proposals, submitted proposals, and related documents shall become public records under section 149.43 of the Revised Code after the award of the contract.
(6) Any respondent may request in writing that the board not disclose confidential or proprietary information or trade secrets contained in the proposal submitted by the respondent to the board. Any such request shall be accompanied by an offer of indemnification from the respondent to the board. The board shall determine whether to agree to the request and shall inform the respondent in writing of its decision. If the board agrees to nondisclosure of specified information in a proposal, such information shall not become a public record under section 149.43 of the Revised Code. If the respondent withdraws its proposal at any time prior to the execution of a contract, the proposal shall not be a public record under section 149.43 of the Revised Code.
(I)
Upon a recommendation from the department and in accordance with
section 3301.16 of the Revised Code, the state
board director
of
education and
workforce may
revoke the charter of any alternative school operated by a school
district that violates this section.
Sec. 3313.534. (A) The board of education of each city, exempted village, and local school district shall adopt a policy of zero tolerance for violent, disruptive, or inappropriate behavior and establish strategies to address such behavior that range from prevention to intervention. A policy adopted pursuant to this section shall comply with the requirements of sections 3313.668 and 3319.46 of the Revised Code.
(B) Each of the big eight school districts, as defined in section 3314.02 of the Revised Code, shall establish under section 3313.533 of the Revised Code at least one alternative school to meet the educational needs of students with severe discipline problems, including, but not limited to, excessive disruption in the classroom and multiple suspensions or expulsions. Any other school district that attains after that date a significantly substandard graduation rate, as defined by the department of education and workforce, shall also establish such an alternative school under that section.
Sec. 3313.5310. (A)(1) This section applies to both of the following:
(a) Any school operated by a school district board of education;
(b) Any chartered or nonchartered nonpublic school that is subject to the rules of an interscholastic conference or an organization that regulates interscholastic conferences or events.
(2) As used in this section, "athletic activity" means all of the following:
(a) Interscholastic athletics;
(b) An athletic contest or competition that is sponsored by or associated with a school that is subject to this section, including cheerleading, club-sponsored sports activities, and sports activities sponsored by school-affiliated organizations;
(c) Noncompetitive cheerleading that is sponsored by school-affiliated organizations;
(d) Practices, interschool practices, and scrimmages for all of the activities described in divisions (A)(2)(a), (b), and (c) of this section.
(B) Prior to the start of each athletic season, a school that is subject to this section may hold an informational meeting for students, parents, guardians, other persons having care or charge of a student, physicians, pediatric cardiologists, athletic trainers, and any other persons regarding the symptoms and warning signs of sudden cardiac arrest for all ages of students.
(C)
No student shall participate in an athletic activity until the
student has submitted to a designated school official a form signed
by the student and the parent, guardian, or other person having care
or charge of the student stating that the student and the parent,
guardian, or other person having care or charge of the student have
received and reviewed a copy of the information jointly
developed
by the
departments
department
of
health and
the
department of
education
and
workforce and
posted on their respective
internet
web
sites as required by section 3707.59 of the Revised Code. A completed
form shall be submitted each school year, as defined in section
3313.62 of the Revised Code, in which the student participates in an
athletic activity.
(D) No individual shall coach an athletic activity unless the individual has completed, on an annual basis, the sudden cardiac arrest training course approved by the department of health under division (C) of section 3707.59 of the Revised Code.
(E)(1) A student shall not be allowed to participate in an athletic activity if either of the following is the case:
(a) The student's biological parent, biological sibling, or biological child has previously experienced sudden cardiac arrest, and the student has not been evaluated and cleared for participation in an athletic activity by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(b) The student is known to have exhibited syncope or fainting at any time prior to or following an athletic activity and has not been evaluated and cleared for return under division (E)(3) of this section after exhibiting syncope or fainting.
(2) A student shall be removed by the student's coach from participation in an athletic activity if the student exhibits syncope or fainting.
(3) If a student is not allowed to participate in or is removed from participation in an athletic activity under division (E)(1) or (2) of this section, the student shall not be allowed to return to participation until the student is evaluated and cleared for return in writing by any of the following:
(a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, including a physician who specializes in cardiology;
(b) A certified nurse practitioner, clinical nurse specialist, or certified nurse-midwife who holds a certificate of authority issued under Chapter 4723. of the Revised Code;
(c) A physician assistant licensed under Chapter 4730. of the Revised Code;
(d) An athletic trainer licensed under Chapter 4755. of the Revised Code.
The licensed health care providers specified in divisions (E)(3)(a) to (d) of this section may consult with any other licensed or certified health care providers in order to determine whether a student is ready to return to participation.
(F) A school that is subject to this section shall establish penalties for a coach who violates the provisions of division (E) of this section.
(G) Nothing in this section shall be construed to abridge or limit any rights provided under a collective bargaining agreement entered into under Chapter 4117. of the Revised Code prior to March 14, 2017.
(H)(1) A school district, member of a school district board of education, or school district employee or volunteer, including a coach, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing services or performing duties under this section, unless the act or omission constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other immunity or defense that a school district, member of a school district board of education, or school district employee or volunteer, including a coach, may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(2) A chartered or nonchartered nonpublic school or any officer, director, employee, or volunteer of the school, including a coach, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing services or performing duties under this section, unless the act or omission constitutes willful or wanton misconduct.
Sec.
3313.5312. (A)
A student who is receiving home instruction
education
in
accordance with division
(A)(2) of section
3321.04
3321.042
of
the Revised Code shall be afforded, by the superintendent of the
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code, the opportunity
to participate in any extracurricular activity offered at the
district school to which the student otherwise would be assigned
during that school year. If more than one school operated by the
school district serves the student's grade level, as determined by
the district superintendent based on the student's age and academic
performance, the student shall be afforded the opportunity to
participate in extracurricular activities at the school to which the
student would be assigned by the superintendent under section 3319.01
of the Revised Code. If a student who is afforded the opportunity to
participate in extracurricular activities under division (A) of this
section wishes to participate in an activity that is offered by the
district, the student shall not participate in that activity at
another school or school district to which the student is not
entitled to attend.
(B)
The superintendent of any school district may afford any student who
receives home instruction
education
under
division
(A)(2) of section
3321.04
3321.042
of
the Revised Code, and who is not entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code, the
opportunity to participate in any extracurricular activity offered by
a school of the district, if the district to which the student is
entitled to attend does not offer that extracurricular activity.
(C) In order to participate in an extracurricular activity under this section, the student shall be of the appropriate age and grade level, as determined by the superintendent of the district, for the school that offers the extracurricular activity, shall fulfill the same nonacademic and financial requirements as any other participant, and shall fulfill either of the following academic requirements:
(1)
If the student received home instruction
education
in
the preceding grading period, the student shall meet any academic
requirements established by the state
board department
of
education and
workforce for
the continuation of home instruction.
(2)
If the student did not receive home instruction
education
in
the preceding grading period, the student's academic performance
during the preceding grading period shall have met any academic
standards for eligibility to participate in the program established
by the school district.
(D)
Eligibility for a student who leaves a school district mid-year for
home instruction
education
shall
be determined based on an interim academic assessment issued by the
district in which the student was enrolled based on the student's
work while enrolled in that district.
(E)
Any student who commences home instruction
education
after
the beginning of a school year and who is, at the time home
instruction
education
commences,
ineligible to participate in an extracurricular activity due to
failure to meet academic standards or any other requirements of the
district shall not participate in the extracurricular activity under
this section until the student meets the applicable
academic
requirements established
by the state board of education for continuation of home instruction
as
verified by the superintendent of the district. No student under this
section shall be eligible to participate in the same semester in
which the student was determined ineligible.
(F) No school district shall impose additional rules on a student to participate under this section that do not apply to other students participating in the same extracurricular activity. No district shall impose fees for a student to participate under this section that exceed any fees charged to other students participating in the same extracurricular activity.
(G) No school district, interscholastic conference, or organization that regulates interscholastic conferences or events shall require a student who is eligible to participate in interscholastic extracurricular activities under this section to meet eligibility requirements that conflict with this section.
Sec. 3313.5314. No student who is enrolled in a public or nonpublic school shall be denied the opportunity to participate in interscholastic athletics offered by that school solely because the student is participating or has participated in the college credit plus program under Chapter 3365. of the Revised Code, so long as the student fulfills all other academic, nonacademic, and financial requirements that are not related to participation in the program.
Additionally,
no student who is enrolled in a community school, STEM school, or
nonpublic school or who is receiving home instruction
education
shall
be denied the opportunity to participate in interscholastic athletics
at the school in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code solely because of
participation in the college credit plus program, so long as the
student meets the applicable requirements under section 3313.537,
3313.5311, or 3313.5312 of the Revised Code and fulfills all other
academic, nonacademic, and financial requirements that are not
related to participation in the program.
As used in this section, "community school" means a community school established under Chapter 3314. of the Revised Code, and "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
Sec.
3313.56. The
board of education of any city, exempted village, or local school
district may establish and maintain part-time schools or classes for
the further education of children who are employed on age and
schooling certificates. Such schools and classes shall be conducted
not fewer than four hours per week while in session, and for not
fewer than one hundred forty-four hours per calendar year between the
hours of seven in the morning and six in the afternoon, excluding
Saturday afternoon and Sunday. Such schools and classes shall be
conducted under such standards as the state
board department
of
education and
workforce prescribes.
Boards of education may provide for the expense of such schools and
classes the same as for the expense of ordinary elementary schools.
Sec.
3313.57. Boards
of education of city, exempted village, or local school districts may
provide or approve, subject to the approval of parents, activities
for children during the summer vacation period which will promote
their health, their civic and vocational competence, and their
industry, recreation, character, or thrift. The superintendents of
such school districts shall cause records to be kept of such
activities assigned and completed. With the approval of the state
board department
of
education
and
workforce
the
successful completion of such vacation activities may be required for
promotions and diplomas of graduation, but the completion by any
child of such vacation activities shall not be prerequisite to the
issuance of an age and schooling certificate for such child. Boards
of education shall provide the service necessary to direct such
activities and may pay any necessary expenses incident thereto, the
same as the expense of an ordinary elementary school.
Sec. 3313.60. Notwithstanding division (D) of section 3311.52 of the Revised Code, divisions (A) to (E) of this section do not apply to any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.
(A) The board of education of each city, exempted village, and local school district and the board of each cooperative education school district established, pursuant to section 3311.521 of the Revised Code, shall prescribe a curriculum for all schools under its control. Except as provided in division (E) of this section, in any such curriculum there shall be included the study of the following subjects:
(1) The language arts, including reading, writing, spelling, oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio, and national, state, and local government in the United States, including a balanced presentation of the relevant contributions to society of men and women of African, Mexican, Puerto Rican, and American Indian descent as well as other ethnic and racial groups in Ohio and the United States;
(3) Mathematics;
(4) Natural science, including instruction in the conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and organically produced foods, the relation of nutrition to health, and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the use of drugs of abuse, alcoholic beverages, and tobacco, including electronic smoking devices;
(c) Venereal disease education, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in personal safety and assault prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in personal safety and assault prevention;
(e) In grades seven through twelve, age-appropriate instruction in dating violence prevention education, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships.
In order to assist school districts in developing a dating violence prevention education curriculum, the department of education and workforce shall provide on its web site links to free curricula addressing dating violence prevention.
If the parent or legal guardian of a student less than eighteen years of age submits to the principal of the student's school a written request to examine the dating violence prevention instruction materials used at that school, the principal, within a reasonable period of time after the request is made, shall allow the parent or guardian to examine those materials at that school.
(f) Prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin;
(g) The process of making an anatomical gift under Chapter 2108. of the Revised Code, with an emphasis on the life-saving and life-enhancing effects of organ and tissue donation;
(h) Beginning with the first day of the next school year that begins at least two years after March 24, 2021, in grades six through twelve, at least one hour or one standard class period per school year of evidence-based suicide awareness and prevention and at least one hour or one standard class period per school year of safety training and violence prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in suicide awareness and prevention or safety training and violence prevention;
(i) Beginning with the first day of the next school year that begins at least two years after March 24, 2021, in grades six through twelve, at least one hour or one standard class period per school year of evidence-based social inclusion instruction, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in social inclusion.
For the instruction required under divisions (A)(5)(h) and (i) of this section, the board shall use a training program approved by the department of education and workforce under section 3301.221 of the Revised Code.
Schools may use student assemblies, digital learning, and homework to satisfy the instruction requirements under divisions (A)(5)(h) and (i) of this section.
(6) Physical education;
(7) The fine arts, including music;
(8) First aid, including a training program in cardiopulmonary resuscitation, which shall comply with section 3313.6021 of the Revised Code when offered in any of grades nine through twelve, safety, and fire prevention. However, upon written request of the student's parent or guardian, a student shall be excused from taking instruction in cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section, every school or school district shall include in the requirements for promotion from the eighth grade to the ninth grade one year's course of study of American history. A board may waive this requirement for academically accelerated students who, in accordance with procedures adopted by the board, are able to demonstrate mastery of essential concepts and skills of the eighth grade American history course of study.
(C) As specified in divisions (B)(6) and (C)(6) of section 3313.603 of the Revised Code, except as provided in division (E) of this section, every high school shall include in the requirements for graduation from any curriculum one-half unit each of American history and government.
(D) Except as provided in division (E) of this section, basic instruction or demonstrated mastery in geography, United States history, the government of the United States, the government of the state of Ohio, local government in Ohio, the Declaration of Independence, the United States Constitution, and the Constitution of the state of Ohio shall be required before pupils may participate in courses involving the study of social problems, economics, foreign affairs, United Nations, world government, socialism, and communism.
(E) For each cooperative education school district established pursuant to section 3311.521 of the Revised Code and each city, exempted village, and local school district that has territory within such a cooperative district, the curriculum adopted pursuant to divisions (A) to (D) of this section shall only include the study of the subjects that apply to the grades operated by each such school district. The curricula for such schools, when combined, shall provide to each student of these districts all of the subjects required under divisions (A) to (D) of this section.
(F) The board of education of any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code shall prescribe a curriculum for the subject areas and grade levels offered in any school under its control.
(G) Upon the request of any parent or legal guardian of a student, the board of education of any school district shall permit the parent or guardian to promptly examine, with respect to the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration to the child;
(2) Any textbook, workbook, software, video, or other instructional materials being used by the district in connection with the instruction of the child;
(3) Any completed and graded test taken or survey or questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each model curriculum developed pursuant to section 3301.079 of the Revised Code, which copies shall be available at all times during school hours in each district school building.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of course instruction, except that for a laboratory course, "one unit" means a minimum of one hundred fifty hours of course instruction.
(2) "One-half unit" means a minimum of sixty hours of course instruction, except that for physical education courses, "one-half unit" means a minimum of one hundred twenty hours of course instruction.
(B) Beginning September 15, 2001, except as required in division (C) of this section and division (C) of section 3313.614 of the Revised Code, the requirements for graduation from every high school shall include twenty units earned in grades nine through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three units thereafter, which at all times shall include both of the following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with division (M) of this section and shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Beginning with students who enter ninth grade for the first time on or after July 1, 2017, the two units of instruction prescribed by division (B)(7) of this section shall include at least one-half unit of instruction in the study of world history and civilizations.
(8) Elective units, seven units until September 15, 2003, and six units thereafter.
Each student's electives shall include at least one unit, or two half units, chosen from among the areas of business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the first time on or after July 1, 2010, except as provided in divisions (D) to (F) of this section, the requirements for graduation from every public and chartered nonpublic high school shall include twenty units that are designed to prepare students for the workforce and college. The units shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in nutrition and the benefits of nutritious foods and physical activity for overall health;
(3) Mathematics, four units, which shall include one unit of algebra II or the equivalent of algebra II, or one unit of advanced computer science as described in the standards adopted pursuant to division (A)(4) of section 3301.079 of the Revised Code. However, students who enter ninth grade for the first time on or after July 1, 2015, and who are pursuing a career-technical instructional track shall not be required to take algebra II or advanced computer science, and instead may complete a career-based pathway mathematics course approved by the department of education and workforce as an alternative.
For students who choose to take advanced computer science in lieu of algebra II under division (C)(3) of this section, the school shall communicate to those students that some institutions of higher education may require algebra II for the purpose of college admission. Also, the parent, guardian, or legal custodian of each student who chooses to take advanced computer science in lieu of algebra II shall sign and submit to the school a document containing a statement acknowledging that not taking algebra II may have an adverse effect on college admission decisions.
A
student may fulfill one unit of mathematics under division (C)(3) of
this section by completing one-half unit of financial literacy
instruction to satisfy the requirement prescribed under division
(C)(9) of this section and one-half unit of a mathematics course. The
one-half unit course in mathematics shall not be in algebra II, or
its equivalent, or a course for which the state
board department
requires
an end-of-course examination under section 3301.0712 of the Revised
Code.
Students who choose to take one unit of advanced computer science in lieu of algebra II, as described in division (C)(3) of this section, shall not be permitted to complete one-half unit of financial literacy instruction to satisfy the mathematics unit requirements of that division. Instead, those students shall be required to complete the one-half unit of financial literacy instruction under division (C)(8) of this section.
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information, which shall include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences, one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space science;
(iv) Computer science.
No student shall substitute a computer science course for a life sciences or biology course under division (C)(5) of this section.
(6) History and government, one unit, which shall comply with division (M) of this section and shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Beginning with students who enter ninth grade for the first time on or after July 1, 2017, the two units of instruction prescribed by division (C)(7) of this section shall include at least one-half unit of instruction in the study of world history and civilizations.
(8) Five units consisting of one or any combination of foreign language, fine arts, business, career-technical education, family and consumer sciences, technology which may include computer science, agricultural education, a junior reserve officer training corps (JROTC) program approved by the congress of the United States under title 10 of the United States Code, or English language arts, mathematics, science, or social studies courses not otherwise required under division (C) of this section.
One-half unit of instruction under division (C)(8) of this section may be instruction in financial literacy to satisfy the requirement under division (C)(9) of this section.
(9)(a) Except as provided in division (C)(9)(b) of this section, for students who enter ninth grade for the first time on or after July 1, 2022, financial literacy, one-half unit. Each student shall elect to complete the one-half unit of instruction in financial literacy either in lieu of one-half unit of instruction in mathematics under division (C)(3) of this section or an elective under division (C)(8) of this section.
(b) A student attending a nonpublic school accredited through the independent schools association of the central states or any other chartered nonpublic school shall not be required to complete the one-half unit of financial literacy instruction prescribed in division (C)(9)(a) of this section, unless that student is attending the school under a state scholarship program as defined in section 3301.0711 of the Revised Code.
The study and instruction of financial literacy required under division (C)(9) of this section shall align with the academic content standards for financial literacy and entrepreneurship adopted under division (A)(2) of section 3301.079 of the Revised Code. In developing the curriculum for the study and instruction of financial literacy, schools may use available public-private partnerships and resources and materials that exist in business, industry, and through the centers for economics education at institutions of higher education.
Ohioans must be prepared to apply increased knowledge and skills in the workplace and to adapt their knowledge and skills quickly to meet the rapidly changing conditions of the twenty-first century. National studies indicate that all high school graduates need the same academic foundation, regardless of the opportunities they pursue after graduation. The goal of Ohio's system of elementary and secondary education is to prepare all students for and seamlessly connect all students to success in life beyond high school graduation, regardless of whether the next step is entering the workforce, beginning an apprenticeship, engaging in post-secondary training, serving in the military, or pursuing a college degree.
The requirements for graduation prescribed in division (C) of this section are the standard expectation for all students entering ninth grade for the first time at a public or chartered nonpublic high school on or after July 1, 2010. A student may satisfy this expectation through a variety of methods, including, but not limited to, integrated, applied, career-technical, and traditional coursework.
Stronger
coordination between high schools and institutions of higher
education is necessary to prepare students for more challenging
academic endeavors and to lessen the need for academic remediation in
college, thereby reducing the costs of higher education for Ohio's
students, families, and the state. The state
board department
and
the chancellor of higher education shall develop policies to ensure
that only in rare instances will students who complete the
requirements for graduation prescribed in division (C) of this
section require academic remediation after high school.
School districts, community schools, and chartered nonpublic schools shall integrate technology into learning experiences across the curriculum in order to maximize efficiency, enhance learning, and prepare students for success in the technology-driven twenty-first century. Districts and schools shall use distance and web-based course delivery as a method of providing or augmenting all instruction required under this division, including laboratory experience in science. Districts and schools shall utilize technology access and electronic learning opportunities provided by the broadcast educational media commission, chancellor, the Ohio learning network, education technology centers, public television stations, and other public and private providers.
(D) Except as provided in division (E) of this section, a student who enters ninth grade on or after July 1, 2010, and before July 1, 2016, may qualify for graduation from a public or chartered nonpublic high school even though the student has not completed the requirements for graduation prescribed in division (C) of this section if all of the following conditions are satisfied:
(1) During the student's third year of attending high school, as determined by the school, the student and the student's parent, guardian, or custodian sign and file with the school a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the requirements for graduation prescribed in division (C) of this section and acknowledging that one consequence of not completing those requirements is ineligibility to enroll in most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill any procedural requirements the school stipulates to ensure the student's and parent's, guardian's, or custodian's informed consent and to facilitate orderly filing of statements under division (D)(1) of this section. Annually, each district or school shall notify the department of the number of students who choose to qualify for graduation under division (D) of this section and the number of students who complete the student's success plan and graduate from high school.
(3) The student and the student's parent, guardian, or custodian and a representative of the student's high school jointly develop a student success plan for the student in the manner described in division (C)(1) of section 3313.6020 of the Revised Code that specifies the student matriculating to a two-year degree program, acquiring a business and industry-recognized credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support for the student related to the plan developed under division (D)(3) of this section during the remainder of the student's high school experience.
(5)(a) Except as provided in division (D)(5)(b) of this section, the student successfully completes, at a minimum, the curriculum prescribed in division (B) of this section.
(b) Beginning with students who enter ninth grade for the first time on or after July 1, 2014, a student shall be required to complete successfully, at the minimum, the curriculum prescribed in division (B) of this section, except as follows:
(i) Mathematics, four units, one unit which shall be one of the following:
(I) Probability and statistics;
(II) Computer science;
(III) Applied mathematics or quantitative reasoning;
(IV) Any other course approved by the department using standards established by the superintendent not later than October 1, 2014.
(ii) Elective units, five units;
(iii) Science, three units as prescribed by division (B) of this section which shall include inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information.
(E) Each school district and chartered nonpublic school retains the authority to require an even more challenging minimum curriculum for high school graduation than specified in division (B) or (C) of this section. A school district board of education, through the adoption of a resolution, or the governing authority of a chartered nonpublic school may stipulate any of the following:
(1) A minimum high school curriculum that requires more than twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high school curriculum that is comparable to the exception provided in division (D) of this section but with additional requirements, which may include a requirement that the student successfully complete more than the minimum curriculum prescribed in division (B) of this section;
(3) That no exception comparable to that provided in division (D) of this section is available.
If a school district or chartered nonpublic school requires a foreign language as an additional graduation requirement under division (E) of this section, a student may apply one unit of instruction in computer coding to satisfy one unit of foreign language. If a student applies more than one computer coding course to satisfy the foreign language requirement, the courses shall be sequential and progressively more difficult.
(F) A student enrolled in a dropout prevention and recovery program, which program has received a waiver from the department, may qualify for graduation from high school by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the requirements for graduation prescribed in division (C) of this section. The department shall grant a waiver to a dropout prevention and recovery program, within sixty days after the program applies for the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs.
(3)
The program requires students to attain at least the applicable score
designated for each of the assessments prescribed under division
(B)(1) of section 3301.0710 of the Revised Code or, to the extent
prescribed by rule of the state
board department
under
division (D)(5) of section 3301.0712 of the Revised Code, division
(B)(2) of that section.
(4) The program develops a student success plan for the student in the manner described in division (C)(1) of section 3313.6020 of the Revised Code that specifies the student's matriculating to a two-year degree program, acquiring a business and industry-recognized credential, or entering an apprenticeship.
(5) The program provides counseling and support for the student related to the plan developed under division (F)(4) of this section during the remainder of the student's high school experience.
(6) The program requires the student and the student's parent, guardian, or custodian to sign and file, in accordance with procedural requirements stipulated by the program, a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the requirements for graduation prescribed in division (C) of this section and acknowledging that one consequence of not completing those requirements is ineligibility to enroll in most state universities in Ohio without further coursework.
(7)
Prior to receiving the waiver, the program has submitted to the
department an instructional plan that demonstrates how the academic
content standards adopted by the state
board department
under
section 3301.079 of the Revised Code will be taught and assessed.
(8) Prior to receiving the waiver, the program has submitted to the department a policy on career advising that satisfies the requirements of section 3313.6020 of the Revised Code, with an emphasis on how every student will receive career advising.
(9) Prior to receiving the waiver, the program has submitted to the department a written agreement outlining the future cooperation between the program and any combination of local job training, postsecondary education, nonprofit, and health and social service organizations to provide services for students in the program and their families.
Divisions (F)(8) and (9) of this section apply only to waivers granted on or after July 1, 2015.
If the department does not act either to grant the waiver or to reject the program application for the waiver within sixty days as required under this section, the waiver shall be considered to be granted.
(G) Every high school may permit students below the ninth grade to take advanced work. If a high school so permits, it shall award high school credit for successful completion of the advanced work and shall count such advanced work toward the graduation requirements of division (B) or (C) of this section if the advanced work was both:
(1) Taught by a person who possesses a license or certificate issued under section 3301.071, 3319.22, or 3319.222 of the Revised Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local, or exempted village school district, the board of the cooperative education school district, or the governing authority of the chartered nonpublic school as meeting the high school curriculum requirements.
Each high school shall record on the student's high school transcript all high school credit awarded under division (G) of this section. In addition, if the student completed a seventh- or eighth-grade fine arts course described in division (K) of this section and the course qualified for high school credit under that division, the high school shall record that course on the student's high school transcript.
(H) The department shall make its individual academic career plan available through its Ohio career information system web site for districts and schools to use as a tool for communicating with and providing guidance to students and families in selecting high school courses.
(I)
A school district or chartered nonpublic school may integrate
academic content in a subject area for which the state
board department
has
adopted standards under section 3301.079 of the Revised Code into a
course in a different subject area, including a career-technical
education course, in accordance with guidance for integrated
coursework developed by the department. Upon successful completion of
an integrated course, a student may receive credit for both subject
areas that were integrated into the course. Units earned for subject
area content delivered through integrated academic and
career-technical instruction are eligible to meet the graduation
requirements of division (B) or (C) of this section.
For purposes of meeting graduation requirements, if an end-of-course examination has been prescribed under section 3301.0712 of the Revised Code for the subject area delivered through integrated instruction, the school district or school may administer the related subject area examinations upon the student's completion of the integrated course.
Nothing in division (I) of this section shall be construed to excuse any school district, chartered nonpublic school, or student from any requirement in the Revised Code related to curriculum, assessments, or the awarding of a high school diploma.
(J)(1)
The
state
board
department,
in consultation with the chancellor, shall adopt a statewide plan
implementing methods for students to earn units of high school credit
based on a demonstration of subject area competency, instead of or in
combination with completing hours of classroom instruction. The
state board shall adopt the plan not later than March 31, 2009, and
commence phasing in the plan during the 2009-2010 school year. The
plan shall include a standard method for recording demonstrated
proficiency on high school transcripts. Each school district and
community school shall comply with the state
board's department's
plan
adopted under this division and award units of high school credit in
accordance with the plan. The state
board department
may
adopt existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.
(2)
Not
later than December 31, 2015, the state board The
department shall
update the statewide plan adopted pursuant to division (J)(1) of this
section to also include methods for students enrolled in seventh and
eighth grade to meet curriculum requirements based on a demonstration
of subject area competency, instead of or in combination with
completing hours of classroom instruction. Beginning with the
2017-2018 school year, each school district and community school also
shall comply with the updated plan adopted pursuant to this division
and permit students enrolled in seventh and eighth grade to meet
curriculum requirements based on subject area competency in
accordance with the plan.
(3)
Not
later than December 31, 2017, the The
department
shall develop a framework for school districts and community schools
to use in granting units of high school credit to students who
demonstrate subject area competency through work-based learning
experiences, internships, or cooperative education. Beginning with
the 2018-2019 school year, each district and community school shall
comply with the framework. Each district and community school also
shall review any policy it has adopted regarding the demonstration of
subject area competency to identify ways to incorporate work-based
learning experiences, internships, and cooperative education into the
policy in order to increase student engagement and opportunities to
earn units of high school credit.
(K) This division does not apply to students who qualify for graduation from high school under division (D) or (F) of this section, or to students pursuing a career-technical instructional track as determined by the school district board of education or the chartered nonpublic school's governing authority. Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first time on or after July 1, 2010, each student enrolled in a public or chartered nonpublic high school shall complete two semesters or the equivalent of fine arts to graduate from high school. The coursework may be completed in any of grades seven to twelve. Each student who completes a fine arts course in grade seven or eight may elect to count that course toward the five units of electives required for graduation under division (C)(8) of this section, if the course satisfied the requirements of division (G) of this section. In that case, the high school shall award the student high school credit for the course and count the course toward the five units required under division (C)(8) of this section. If the course in grade seven or eight did not satisfy the requirements of division (G) of this section, the high school shall not award the student high school credit for the course but shall count the course toward the two semesters or the equivalent of fine arts required by this division.
(L) Notwithstanding anything to the contrary in this section, the board of education of each school district and the governing authority of each chartered nonpublic school may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band, show choir, or cheerleading for at least two full seasons or in the junior reserve officer training corps for at least two full school years. If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate. However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction, in another course of study. In the case of a student who has participated in the junior reserve officer training corps for at least two full school years, credit received for that participation may be used to satisfy the requirement to complete one-half unit in another course of study.
(M) It is important that high school students learn and understand United States history and the governments of both the United States and the state of Ohio. Therefore, beginning with students who enter ninth grade for the first time on or after July 1, 2012, the study of American history and American government required by divisions (B)(6) and (C)(6) of this section shall include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions (M)(1) to (4) of this section shall include study of that document in its original context.
The study of American history and government required by divisions (B)(6) and (C)(6) of this section shall include the historical evidence of the role of documents such as the Federalist Papers and the Anti-Federalist Papers to firmly establish the historical background leading to the establishment of the provisions of the Constitution and Bill of Rights.
(N) A student may apply one unit of instruction in computer science to satisfy one unit of mathematics or one unit of science under division (C) of this section as the student chooses, regardless of the field of certification of the teacher who teaches the course, so long as that teacher meets the licensure requirements prescribed by section 3319.236 of the Revised Code and, prior to teaching the course, completes a professional development program determined to be appropriate by the district board.
If a student applies more than one computer science course to satisfy curriculum requirements under that division, the courses shall be sequential and progressively more difficult or cover different subject areas within computer science.
Sec. 3313.605. (A) As used in this section:
(1) "Civic responsibility" means the patriotic and ethical duties of all citizens to take an active role in society and to consider the interests and concerns of other individuals in the community.
(2) "Volunteerism" means nonprofit activity in the United States, the benefits and limitations of nonprofit activities, and the presence and function of nonprofit civic and charitable organizations in the United States.
(3) "Community service" means a service performed through educational institutions, government agencies, nonprofit organizations, social service agencies, and philanthropies and generally designed to provide direct experience with people or project planning, with the goal of improving the quality of life for the community. Such activities may include but are not limited to tutoring, literacy training, neighborhood improvement, encouraging interracial and multicultural understanding, promoting ideals of patriotism, increasing environmental safety, assisting the elderly or disabled, and providing mental health care, housing, drug abuse prevention programs, and other philanthropic programs, particularly for disadvantaged or low-income persons.
(B) The board of education of each city, local, exempted village, and joint vocational school district, the governing authority of each community school established under Chapter 3314. of the Revised Code, and the governing body of each STEM school established under Chapter 3326. of the Revised Code may include community service education in its educational program. A governing board of an educational service center, upon the request of a local school district board of education, may provide a community service education program for the local district pursuant to this section. If a board, governing authority, or governing body includes community service education in its education program, the board, governing authority, or governing body shall do both of the following:
(1) Establish a community service advisory committee. The committee shall provide recommendations to the board, governing authority, or governing body regarding a community service plan for students and shall oversee and assist in the implementation of the plan adopted by the board, governing authority, or governing body under division (B)(2) of this section. Each board, governing authority, or governing body shall determine the membership and organization of its advisory committee and may designate an existing committee established for another purpose to serve as the community service advisory committee; however, each such committee shall include two or more students and shall include or consult with at least one person employed in the field of volunteer management who devotes at least fifty per cent of employment hours to coordinating volunteerism among community organizations. The committee members may include representatives of parents, teachers, administrators, other educational institutions, business, government, nonprofit organizations, veterans organizations, social service agencies, religious organizations, and philanthropies.
(2) Develop and implement a community service plan. To assist in establishing its plan, the board, governing authority, or governing body shall consult with and may contract with one or more local or regional organizations with experience in volunteer program development and management. Each community service plan adopted under this division shall be based upon the recommendations of the advisory committee and shall provide for all of the following:
(a) Education of students in the value of community service and its contributions to the history of this state and this nation;
(b) Identification of opportunities for students to provide community service;
(c) Encouragement of students to provide community service;
(d) Integration of community service opportunities into the curriculum;
(e) A community service instructional program for teachers, including strategies for the teaching of community service education, for the discovery of community service opportunities, and for the motivation of students to become involved in community service.
Plans shall be reviewed periodically by the advisory committee and, if necessary, revised by the board, governing authority, or governing body at least once every five years.
Plans shall provide for students to perform services under the plan that will not supplant the hiring of, result in the displacement of, or impair any existing employment contract of any particular employee of any private or governmental entity for which the services are performed. The plan shall provide for any entity utilizing a student to perform community service under the plan to verify to the board that the student does not supplant the hiring of, displace, or impair the employment contract of any particular employee of the entity.
Upon
adoption, a board, governing authority, or governing body shall
submit a copy of its plan to the department of education
and
workforce.
Each city and exempted village board of education and each governing
board of a service center shall include a copy of its plan in any
course of study adopted under section 3313.60 of the Revised Code
that is required to be submitted for approval to the state
board department
for
review. A joint vocational school district board of education shall
submit a copy of its plan to the state
board department
for
review when required to do so by the state
boarddepartment.
A local board shall forward its plan to the educational service
center governing board for inclusion in the governing board's course
of study. The department periodically shall review all plans and
publish those plans that could serve as models for other school
districts, educational service centers, community schools, or STEM
schools.
(C) Under this section, a board, governing authority, or governing body may only grant high school credit for a community service education course if approximately half of the course is devoted to classroom study of such matters as civic responsibility, the history of volunteerism, and community service training and approximately half of the course is devoted to community service.
Each board, governing authority, or governing body shall determine which specific activities will serve to fulfill the required hours of community service.
(D)
The superintendent
of public instruction department
of education and workforce shall
develop guidelines for the development and implementation of a rubric
to evaluate and rate community service education projects for use by
districts, governing authorities, and governing boards that adopt a
community service education plan.
(E)
The state
superintendent department
shall
adopt rules for granting a student special certification, special
recognition on a diploma, or special notification in the student's
record upon the student's successful completion of an approved
community service project.
The district board, governing authority, or governing body shall use a rubric developed in accordance with division (D) of this section to determine whether a community service project warrants recognition on a student's diploma under this division.
Sec. 3313.608. (A)(1) Beginning with students who enter third grade in the school year that starts July 1, 2009, and until June 30, 2013, unless the student is excused under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this section, for any student who does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, each school district, in accordance with the policy adopted under section 3313.609 of the Revised Code, shall do one of the following:
(a) Promote the student to fourth grade if the student's principal and reading teacher agree that other evaluations of the student's skill in reading demonstrate that the student is academically prepared to be promoted to fourth grade;
(b) Promote the student to fourth grade but provide the student with intensive intervention services in fourth grade;
(c) Retain the student in third grade.
(2) Beginning with students who enter third grade in the 2013-2014 school year, unless the student is excused under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this section, no school district shall promote to fourth grade any student who does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, unless one of the following applies:
(a) The student is an English learner who has been enrolled in United States schools for less than three full school years and has had less than three years of instruction in an English as a second language program.
(b) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code and the student's individualized education program exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of performance on an alternative standardized reading assessment as determined by the department of education and workforce.
(d) All of the following apply:
(i) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code.
(ii) The student has taken the third grade English language arts achievement assessment prescribed under section 3301.0710 of the Revised Code.
(iii) The student's individualized education program or plan under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, shows that the student has received intensive remediation in reading for two school years but still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades kindergarten to three.
(e)(i) The student received intensive remediation for reading for two school years but still demonstrates a deficiency in reading and was previously retained in any of grades kindergarten to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of this section shall continue to receive intensive reading instruction in grade four. The instruction shall include an altered instructional day that includes specialized diagnostic information and specific research-based reading strategies for the student that have been successful in improving reading among low-performing readers.
(B)(1) Beginning in the 2012-2013 school year, to assist students in meeting the third grade guarantee established by this section, each school district board of education shall adopt policies and procedures with which it annually shall assess the reading skills of each student, except those students with significant cognitive disabilities or other disabilities as authorized by the department on a case-by-case basis, enrolled in kindergarten to third grade and shall identify students who are reading below their grade level. The reading skills assessment shall be completed by the thirtieth day of September for students in grades one to three, and by the twentieth day of instruction of the school year for students in kindergarten. Each district shall use the diagnostic assessment to measure reading ability for the appropriate grade level adopted under section 3301.079 of the Revised Code, or a comparable tool approved by the department of education and workforce, to identify such students. The policies and procedures shall require the students' classroom teachers to be involved in the assessment and the identification of students reading below grade level. The assessment may be administered electronically using live, two-way video and audio connections whereby the teacher administering the assessment may be in a separate location from the student.
(2) For each student identified by the diagnostic assessment prescribed under this section as having reading skills below grade level, the district shall do both of the following:
(a) Provide to the student's parent or guardian, in writing, all of the following:
(i) Notification that the student has been identified as having a substantial deficiency in reading;
(ii) A description of the current services that are provided to the student;
(iii) A description of the proposed supplemental instructional services and supports that will be provided to the student that are designed to remediate the identified areas of reading deficiency;
(iv) Notification that if the student attains a score in the range designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, the student shall be retained unless the student is exempt under division (A) of this section. The notification shall specify that the assessment under section 3301.0710 of the Revised Code is not the sole determinant of promotion and that additional evaluations and assessments are available to the student to assist parents and the district in knowing when a student is reading at or above grade level and ready for promotion.
(b) Provide intensive reading instruction services and regular diagnostic assessments to the student immediately following identification of a reading deficiency until the development of the reading improvement and monitoring plan required by division (C) of this section. These intervention services shall include research-based reading strategies that have been shown to be successful in improving reading among low-performing readers and instruction targeted at the student's identified reading deficiencies.
(3) For each student retained under division (A) of this section, the district shall do all of the following:
(a) Provide intense remediation services until the student is able to read at grade level. The remediation services shall include intensive interventions in reading that address the areas of deficiencies identified under this section including, but not limited to, not less than ninety minutes of reading instruction per day, and may include any of the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a student retained under division (A) of this section who demonstrates that the student is reading at or above grade level;
(c) Provide each student with a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall offer the option for students to receive applicable services from one or more providers other than the district. Providers shall be screened and approved by the district or the department of education and workforce. If the student participates in the remediation services and demonstrates reading proficiency in accordance with standards adopted by the department prior to the start of fourth grade, the district shall promote the student to that grade.
(4) For each student retained under division (A) of this section who has demonstrated proficiency in a specific academic ability field, each district shall provide instruction commensurate with student achievement levels in that specific academic ability field.
As used in this division, "specific academic ability field" has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be provided intervention services under this section, the district shall develop a reading improvement and monitoring plan within sixty days after receiving the student's results on the diagnostic assessment or comparable tool administered under division (B)(1) of this section. The district shall involve the student's parent or guardian and classroom teacher in developing the plan. The plan shall include all of the following:
(1) Identification of the student's specific reading deficiencies;
(2) A description of the additional instructional services and support that will be provided to the student to remediate the identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be involved in the instructional services and support described in division (C)(2) of this section;
(4) A process for monitoring the extent to which the student receives the instructional services and support described in division (C)(2) of this section;
(5) A reading curriculum during regular school hours that does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's reading progress.
(6) A statement that if the student does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected by the end of third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan under this division who enters third grade after July 1, 2013, shall be assigned to a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall report any information requested by the department about the reading improvement monitoring plans developed under this division in the manner required by the department.
(D)
Each school district shall report annually to the department on its
implementation and compliance with this section using guidelines
prescribed by the superintendent
of public instructiondepartment.
The superintendent
of public instruction director
of education and workforce annually
shall report to the governor and general assembly the number and
percentage of students in grades kindergarten through four reading
below grade level based on the diagnostic assessments administered
under division (B) of this section and the achievement assessments
administered under divisions (A)(1)(a) and (b) of section 3301.0710
of the Revised Code in English language arts, aggregated by school
district and building; the types of intervention services provided to
students; and, if available, an evaluation of the efficacy of the
intervention services provided.
(E) Any summer remediation services funded in whole or in part by the state and offered by school districts to students under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational research.
(2) The school districts conduct assessment before and after students participate in the program to facilitate monitoring results of the remediation services.
(3) The parents of participating students are involved in programming decisions.
(F) Any intervention or remediation services required by this section shall include intensive, explicit, and systematic instruction.
(G) This section does not create a new cause of action or a substantive legal right for any person.
(H)(1) Except as provided under divisions (H)(2), (3), and (4) of this section, each student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, shall be assigned a teacher who has at least one year of teaching experience and who satisfies one or more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's license and has attained a passing score on the corresponding assessment for that endorsement, as applicable.
(b) The teacher has completed a master's degree program with a major in reading.
(c)
The teacher was rated "most effective" for reading
instruction consecutively for the most recent two years based on
assessments of student growth measures developed by a vendor and that
is on the list of student assessments approved by the state
board department
under
division (B)(2) of section 3319.112 of the Revised Code.
(d) The teacher was rated "above expected value added," in reading instruction, as determined by criteria established by the department, for the most recent, consecutive two years.
(e)
The teacher has earned a passing score on a rigorous test of
principles of scientifically research-based reading instruction as
approved by the
state
board
department.
(f) The teacher holds an educator license for teaching grades pre-kindergarten through three or four through nine issued on or after July 1, 2017.
(2) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, may be assigned to a teacher with less than one year of teaching experience provided that the teacher meets one or more of the criteria described in divisions (H)(1)(a) to (f) of this section and that teacher is assigned a teacher mentor who meets the qualifications of division (H)(1) of this section.
(3) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, but prior to July 1, 2016, may be assigned to a teacher who holds an alternative credential approved by the department or who has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in division (H)(3) of this section shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(4)
Notwithstanding division (H)(1) of this section, a student described
in division (B)(3) or (C) of this section who enters third grade for
the first time on or after July 1, 2013, may receive reading
intervention or remediation services under this section from an
individual employed as a speech-language pathologist who holds a
license issued by the state speech and hearing professionals board
under Chapter 4753. of the Revised Code and a professional
pupil services license as a school speech-language pathologist issued
by the state board of education
registration
under section 3319.221 of the Revised Code.
(5) A teacher, other than a student's teacher of record, may provide any services required under this section, so long as that other teacher meets the requirements of division (H) of this section and the teacher of record and the school principal agree to the assignment. Any such assignment shall be documented in the student's reading improvement and monitoring plan.
As used in this division, "teacher of record" means the classroom teacher to whom a student is assigned.
(I) Notwithstanding division (H) of this section, a teacher may teach reading to any student who is an English language learner, and has been in the United States for three years or less, or to a student who has an individualized education program developed under Chapter 3323. of the Revised Code if that teacher holds an alternative credential approved by the department or has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in this division shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(J) If, on or after June 4, 2013, a school district or community school cannot furnish the number of teachers needed who satisfy one or more of the criteria set forth in division (H) of this section for the 2013-2014 school year, the school district or community school shall develop and submit a staffing plan by June 30, 2013. The staffing plan shall include criteria that will be used to assign a student described in division (B)(3) or (C) of this section to a teacher, credentials or training held by teachers currently teaching at the school, and how the school district or community school will meet the requirements of this section. The school district or community school shall post the staffing plan on its web site for the applicable school year.
Not later than March 1, 2014, and on the first day of March in each year thereafter, a school district or community school that has submitted a plan under this division shall submit to the department a detailed report of the progress the district or school has made in meeting the requirements under this section.
A school district or community school may request an extension of a staffing plan beyond the 2013-2014 school year. Extension requests must be submitted to the department not later than the thirtieth day of April prior to the start of the applicable school year. The department may grant extensions valid through the 2015-2016 school year.
Until
June 30, 2015, the department annually shall review all staffing
plans and report to the state board not later than the thirtieth day
of June of each year the progress of school districts and community
schools in meeting the requirements of this section.
(K) The department of education and workforce shall designate one or more staff members to provide guidance and assistance to school districts and community schools in implementing the third grade guarantee established by this section, including any standards or requirements adopted to implement the guarantee and to provide information and support for reading instruction and achievement.
Sec. 3313.6011. (A) As used in this section, "sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
(B) Instruction in venereal disease education pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code shall emphasize that abstinence from sexual activity is the only protection that is one hundred per cent effective against unwanted pregnancy, sexually transmitted disease, and the sexual transmission of a virus that causes acquired immunodeficiency syndrome.
(C)(1) The department of education and workforce shall require course material and instruction in venereal disease education courses taught pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code to do all of the following:
(a) Stress that students should abstain from sexual activity until after marriage;
(b) Teach the potential physical, psychological, emotional, and social side effects of participating in sexual activity outside of marriage;
(c) Teach that conceiving children out of wedlock is likely to have harmful consequences for the child, the child's parents, and society;
(d) Stress that sexually transmitted diseases are serious possible hazards of sexual activity;
(e) Advise students of the laws pertaining to financial responsibility of parents to children born in and out of wedlock;
(f) Advise students of the circumstances under which it is criminal to have sexual contact with a person under the age of sixteen pursuant to section 2907.04 of the Revised Code;
(g) Emphasize adoption as an option for unintended pregnancies.
(2) If a school district or school chooses to offer additional instruction in venereal disease or sexual education not specified in division (C)(1) of this section, the district or school shall notify all parents or guardians of that instruction, including the name of any instructor, vendor name, if applicable, and the name of the curriculum being used. No district or school shall offer that instruction to a student unless that student's parent or guardian has submitted written permission for that student to receive that instruction. Division (E) of this section does not apply to division (C)(2) of this section.
(3) Upon request, a school district or school shall provide any materials associated with the instruction offered under divisions (C)(1) and (2) of this section to a parent or guardian.
(D)
The state
board of education
department
shall
not adopt a separate model education program for health education.
(E) The department shall conduct an annual audit of each city, local, and exempted village school district, at the start of each school year, relative to its compliance with the instruction requirements of this section and division (A)(5)(c) of section 3313.60 of the Revised Code. The department shall publish the findings of each audit not later than one hundred twenty days after the start of the school year. The department shall include in the findings of each audit the name of any organization or program that provided materials to a school district regarding venereal disease instruction. The department's findings shall be prominently posted on its web site.
(F)
The superintendent
of public instruction director
of education and workforce shall
not approve, pursuant to section 3302.07 of the Revised Code, any
waiver of any requirement of this section.
Sec. 3313.6013. (A) As used in this section, "advanced standing program" means a program that enables a student to earn credit toward a degree from an institution of higher education while enrolled in high school or that enables a student to complete coursework while enrolled in high school that may earn credit toward a degree from an institution of higher education upon the student's attainment of a specified score on an examination covering the coursework. Advanced standing programs may include any of the following:
(1) The college credit plus program established under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) International baccalaureate diploma courses;
(4) Early college high school programs.
(B) Each city, local, exempted village, and joint vocational school district and each chartered nonpublic high school shall provide students enrolled in grades nine through twelve with the opportunity to participate in an advanced standing program. For this purpose, each school district and chartered nonpublic high school shall offer at least one advanced standing program in accordance with division (B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets the requirements of this division through its mandatory participation in the college credit plus program established under Chapter 3365. of the Revised Code. However, a city, local, or exempted village school district may offer any other advanced standing program, in addition to the college credit plus program, and each joint vocational school district shall offer at least one other advanced standing program, to students in good standing, as defined by the partnership for continued learning under section 3301.42 of the Revised Code as it existed prior to October 16, 2009, or as subsequently defined by the department of education and workforce.
(2) A chartered nonpublic high school that elects to participate in the college credit plus program established under Chapter 3365. of the Revised Code meets the requirements of this division. Each chartered nonpublic high school that elects not to participate in the college credit plus program instead shall offer at least one other advanced standing program to students in good standing, as defined by the partnership for continued learning under section 3301.42 of the Revised Code as it existed prior to October 16, 2009, or as subsequently defined by the department of education and workforce.
(C) Each school district and each chartered nonpublic high school, at least annually, shall provide information about the advanced standing programs offered by the district or school to all students enrolled in grades six through eleven. The district or school shall include information about all of the following:
(1) The process colleges and universities use in awarding credit for advanced placement and international baccalaureate courses and examinations, including minimum scores required by state institutions of higher education, as defined in section 3345.011 of the Revised Code, for a student to receive college credit;
(2) The availability of tuition and fee waivers for advanced placement and international baccalaureate courses and examinations;
(3) The availability of online advanced placement or international baccalaureate courses, including those that may be available at no cost;
(4) The benefits of earning postsecondary credit through advanced placement or international baccalaureate courses;
(5) The availability of advanced placement or international baccalaureate courses offered throughout the district.
The district or school may include additional information as determined appropriate by the district or school.
(D) Except as provided for in Chapter 3365. of the Revised Code, no city, local, exempted village, and joint vocational school district shall charge an enrolled student an additional fee or tuition for participation in any advanced standing program offered by the district. Students may be required to pay the costs associated with taking an advanced placement or international baccalaureate examination.
(E)
Any agreement between a school district or school and an associated
college governing the operation of an early college high school
program shall be exempt from the requirements of the college credit
plus program, provided the program meets the definition set forth in
division (F)(2) of this section and is approved by the
superintendent
of public instruction
director
of education and workforce
and
the chancellor of higher education.
The college credit plus program also shall not govern any advanced placement course or international baccalaureate diploma course as described under this section.
(F) As used in this section:
(1) "Associated college" means a public or private college, as defined in section 3365.01 of the Revised Code, which has entered into an agreement with a school district or school to establish an early college high school program, as described in division (F)(2) of this section, and awards transcripted credit, as defined in section 3365.01 of the Revised Code, to students through that program.
(2) "Early college high school program" means a partnership between at least one school district or school and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and have the opportunity to earn not less than twenty-four credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a post-secondary degree or credential at no cost to the participant or participant's family. The program also shall prioritize the following students:
(a) Students who are underrepresented in regard to completing post-secondary education;
(b) Students who are economically disadvantaged, as defined by the department of education and workforce;
(c) Students whose parents did not earn a college degree.
Sec. 3313.6015. The board of education of each city, exempted village, and local school district shall adopt a resolution describing how the district will address college and career readiness and financial literacy in its curriculum for grade seven or eight and for any other grades in which the board determines that those subjects should be addressed. The board shall submit a copy of the resolution to the department of education and workforce.
Sec.
3313.6016. (A)
Beginning
in the 2011-2012 school year, the The
department
of education
and
workforce
shall
administer a pilot program requiring daily physical activity for
students. Any school district; community school established under
Chapter 3314. of the Revised Code; science, technology, engineering,
and mathematics school established under Chapter 3326. of the Revised
Code; or chartered nonpublic school annually may elect to participate
in the pilot program by notifying the department of its interest by a
date established by the department. If a school district elects to
participate in the pilot program, the district shall select one or
more school buildings to participate in the program. To the maximum
extent possible, the department shall seek to include in the pilot
program districts and schools that are located in urban, suburban,
and rural areas distributed geographically throughout the state. The
department shall administer the pilot program in accordance with this
section.
(B) Except as provided in division (C) of this section, each district or school participating in the pilot program shall require all students in the school building selected under division (A) of this section to engage in at least thirty minutes of moderate to rigorous physical activity each school day or at least one hundred fifty minutes of moderate to rigorous physical activity each week, exclusive of recess. Physical activity engaged in during the following may count toward the daily requirement:
(1) A physical education course;
(2) A program or activity occurring before or after the regular school day, as defined in section 3313.814 of the Revised Code, that is sponsored or approved by the school of attendance, provided school officials are able to monitor students' participation to ensure compliance with the requirement.
(C) None of the following shall be subject to the requirement of division (B) of this section:
(1) Any student enrolled in the college credit plus program established under Chapter 3365. of the Revised Code;
(2) Any student enrolled in a career-technical education program operated by the district or school;
(3) Any student enrolled in a dropout prevention and recovery program operated by the district or school.
(D) For any period in which a student is participating in interscholastic athletics, marching band, cheerleading, or a junior reserve officer training corps program, the district or school may excuse the student from the requirement of division (B) of this section.
(E) The district or school may excuse any kindergarten student who is not enrolled in all-day kindergarten, as defined in section 3321.05 of the Revised Code, from the requirement of division (B) of this section.
(F) Each district or school annually shall report to the department, in the manner prescribed by the department, how the district or school implemented the thirty minutes of daily physical activity and the financial costs of implementation. The department shall issue an annual report of the data collected under this division.
Sec. 3313.6019. (A) Not later than December 31, 2013, the department of education and workforce shall issue a report with recommendations for quality agricultural education programs. These recommendations shall be developed using both of the following:
(1) The standards for exemplary agricultural education that are described in the national quality program standards for secondary (grades 9-12) agricultural education developed by the national council for agricultural education or a successor document developed by the national council for agricultural education or its successor;
(2) The quality program standards for Ohio's agricultural and environmental systems career field programs or a successor document developed by the department, the Ohio association of agricultural educators, the Ohio state university, and wilmington college of Ohio.
The report shall include the appropriate use of extended programming in agricultural education programs and the recommended number of hours outside the normal school day that licensed educators may be permitted to provide extended programming instruction. Following the initial issuance of the report, the department may periodically review and update the report as it considers necessary.
(B) All agricultural education instructors shall utilize a three-part model of agricultural education instruction of classroom instruction, FFA activities, and extended programming projects.
(C) Professional development associated with agricultural education shall be considered an acceptable use of extended student programming funds.
(D) All agricultural education instructors shall submit a monthly time log to the principal of the school at which the extended programming is offered, or the principal's designee, for review.
Sec. 3313.6020. (A)(1) Beginning in the 2015-2016 school year, the board of education of each city, local, exempted village, and joint vocational school district shall adopt a policy on career advising that complies with this section. Thereafter, the policy shall be updated at least once every two years.
(2) The board shall make the policy publicly available to students, parents, guardians, or custodians, local post-secondary institutions, and residents of the district. The district shall post the policy in a prominent location on its web site, if it has one.
(B) The policy on career advising shall specify how the district will do all of the following:
(1) Provide students with grade-level examples that link their schoolwork to one or more career fields. A district may use career connections developed under division (B)(2) of section 3301.079 of the Revised Code for this purpose.
(2) Create a plan to provide career advising to students in grades six through twelve;
(3) Beginning in the 2015-2016 school year, provide additional interventions and career advising for students who are identified as at risk of dropping out of school in accordance with division (C) of this section;
(4) Train its employees on how to advise students on career pathways, including training on advising students using online tools;
(5) Develop multiple, clear academic pathways through high school that students may choose in order to earn a high school diploma;
(6) Identify and publicize courses that can award students both traditional academic and career-technical credit;
(7) Document the career advising provided to each student for review by the student, the student's parent, guardian, or custodian, and future schools that the student may attend. A district shall not otherwise release this information without the written consent of the student's parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old.
(8) Prepare students for their transition from high school to their post-secondary destinations, including any special interventions that are necessary for students in need of remediation in mathematics or English language arts;
(9) Include information regarding career fields that require an industry-recognized credential, certificate, associate's degree, bachelor's degree, graduate degree, or professional degree;
(10) Provide students with information about ways a student may offset the costs of a post-secondary education, including programs such as all of the following:
(a) The reserve officer training corps;
(b) The college credit plus program established under Chapter 3365. of the Revised Code;
(c) The Ohio guaranteed transfer pathways initiative established under section 3333.168 of the Revised Code;
(d) Joint academic programming or dual enrollment opportunities required under section 3333.168 of the Revised Code.
The chancellor of higher education shall develop informational materials that illustrate cost saving estimates for each of the options listed under division (B)(10) of this section. The chancellor shall develop a list of individual college courses that are transferable under section 3333.16 of the Revised Code.
(C)(1) Beginning in the 2015-2016 school year, each district shall identify students who are at risk of dropping out of school using a method that is both research-based and locally-based and that is developed with input from the district's classroom teachers and guidance counselors. If a student is identified as at risk of dropping out of school, the district shall develop a student success plan that addresses the student's academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway.
(2) Prior to developing a student success plan for a student, the district shall invite the student's parent, guardian, or custodian to assist in developing the plan. If the student's parent, guardian, or custodian does not participate in the development of the plan, the district shall provide to the parent, guardian, or custodian a copy of the student's success plan and a statement of the importance of a high school diploma and the academic pathways available to the student in order to successfully graduate.
(3) Following the development of a student success plan for a student, the district shall provide career advising to the student that is aligned with the plan and, beginning in the 2015-2016 school year, the district's plan to provide career advising created under division (B)(2) of this section.
(D)(1)
Not
later than December 1, 2014, the The
department
of education and
workforce shall
develop and post on its web site model policies on career advising
and model student success plans.
(2)
Not
later than July 1, 2015, the The
department
shall create an online clearinghouse of research related to proven
practices for policies on career advising and student success plans
that districts may access when fulfilling the requirements of this
section.
(3) The department shall develop and make available informational materials for students in grades seven and eight about career opportunities available to them, including in-demand jobs as defined in section 3333.94 of the Revised Code, and how a career-technical education may help them satisfy graduation conditions under section 3313.618 of the Revised Code.
Sec.
3313.6024. (A)
Annually,
beginning in the 2019-2020 school year,
each
school district shall report to the department of education
and
workforce,
in the manner prescribed by the department, the types of
prevention-focused programs, services, and supports used to assist
students in developing the knowledge and skills to engage in healthy
behaviors and decision-making and to increase their awareness of the
dangers and consequences of risky behaviors, including substance
abuse, suicide, bullying, and other harmful behaviors. The district
shall report the following information regarding such programs,
services, and supports for each building operated by the district and
for each of grades kindergarten through twelve served by the
building:
(1) Curriculum and instruction provided during the school day;
(2) Programs and supports provided outside of the classroom or outside of the school day;
(3) Professional development for teachers, administrators, and other staff;
(4) Partnerships with community coalitions and organizations to provide prevention services and resources to students and their families;
(5) School efforts to engage parents and the community;
(6) Activities designed to communicate with and learn from other schools or professionals with expertise in prevention education.
(B) The department may use information reported under this section, and any other information collected by the department pursuant to law, as a factor in the distribution of any funding available for prevention-focused programs, services, and supports.
Sec. 3313.6027. Subject to divisions (D) to (F) of section 3313.603 of the Revised Code, this section applies to students who enter ninth grade for the first time on or after July 1, 2010, but prior to July 1, 2022.
For
students to whom this section applies, each school district and
chartered nonpublic school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state
board department
of
education
and
workforce
under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section, into
one or more existing social studies credits required under division
(C)(7) of section 3313.603 of the Revised Code, or into the content
of another class, so that every high school student receives
instruction in those concepts.
Sec. 3313.61. (A) A diploma shall be granted by the board of education of any city, exempted village, or local school district that operates a high school to any person to whom all of the following apply:
(1) The person has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code, or has qualified under division (D) or (F) of section 3313.603 of the Revised Code, provided that no school district shall require a student to remain in school for any specific number of semesters or other terms if the student completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the person has met the assessment requirements of division (A)(2)(a) or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to July 1, 2014, the person either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division unless the person was excused from taking any such assessment pursuant to section 3313.532 of the Revised Code or unless division (H) or (L) of this section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed by section 3313.618 of the Revised Code, except to the extent that the person is excused from an assessment prescribed by that section pursuant to section 3313.532 of the Revised Code or division (H) or (L) of this section.
(3) The person is not eligible to receive an honors diploma granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of this section, no diploma shall be granted under this division to anyone except as provided under this division.
(B)
In lieu of a diploma granted under division (A) of this section, an
honors diploma shall be granted, in accordance with rules of the
state
board
department
of education and workforce,
by any such district board to anyone who accomplishes all of the
following:
(1) Successfully completes the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met the assessment requirements of division (B)(2)(a) or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to July 1, 2014, the person either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed under section 3313.618 of the Revised Code.
(3)
Has met additional criteria established by the state
board department
for
the granting of such a diploma.
An honors diploma shall not be granted to a student who is subject to the requirements prescribed in division (C) of section 3313.603 of the Revised Code but elects the option of division (D) or (F) of that section. Except as provided in divisions (C), (E), and (J) of this section, no honors diploma shall be granted to anyone failing to comply with this division and no more than one honors diploma shall be granted to any student under this division.
The
state
board department
shall
adopt rules prescribing the granting of honors diplomas under this
division. These rules may prescribe the granting of honors diplomas
that recognize a student's achievement as a whole or that recognize a
student's achievement in one or more specific subjects or both. The
rules may prescribe the granting of an honors diploma recognizing
technical expertise for a career-technical student. In any case, the
rules shall designate two or more criteria for the granting of each
type of honors diploma the board establishes under this division and
the number of such criteria that must be met for the granting of that
type of diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of criteria
designated for that type and no one or more particular criteria shall
be required of all persons who are to be granted that type of
diploma.
(C) Any district board administering any of the assessments required by section 3301.0710 of the Revised Code to any person requesting to take such assessment pursuant to division (B)(8)(b) of section 3301.0711 of the Revised Code shall award a diploma to such person if the person attains at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments administered and if the person has previously attained the applicable scores on all the other assessments required by division (B)(1) of that section or has been exempted or excused from attaining the applicable score on any such assessment pursuant to division (H) or (L) of this section or from taking any such assessment pursuant to section 3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed by the president and treasurer of the issuing board, the superintendent of schools, and the principal of the high school. Each diploma shall bear the date of its issue, be in such form as the district board prescribes, and be paid for out of the district's general fund.
(E)
A person who is a resident of Ohio and is eligible under state
board of education the
minimum
standards of
the director of education and workforce to
receive a high school diploma based in whole or in part on credits
earned while an inmate of a correctional institution operated by the
state or any political subdivision thereof, shall be granted such
diploma by the correctional institution operating the programs in
which such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to the
inmate's placement in the institution. The diploma granted by the
correctional institution shall be signed by the director of the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F)
Persons who are not residents of Ohio but who are inmates of
correctional institutions operated by the state or any political
subdivision thereof, and who are eligible under state
board of education the
minimum
standards of
the director to
receive a high school diploma based in whole or in part on credits
earned while an inmate of the correctional institution, shall be
granted a diploma by the correctional institution offering the
program in which the credits were earned. The diploma granted by the
correctional institution shall be signed by the director of the
institution and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(G)
The state
board of education department
shall
provide by rule for the administration of the assessments required by
sections 3301.0710 and 3301.0712 of the Revised Code to inmates of
correctional institutions.
(H)
Any person to whom all of the following apply shall be exempted from
attaining the applicable score on the assessment in social studies
designated under division (B)(1) of section 3301.0710 of the Revised
Code, any American history end-of-course examination and any American
government end-of-course examination required under division (B) of
section 3301.0712 of the Revised Code if such an exemption is
prescribed by rule of the state
board department
under
division (D)(3) of section 3301.0712 of the Revised Code, or the test
in citizenship designated under former division (B) of section
3301.0710 of the Revised Code as it existed prior to September 11,
2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United States;
(3) The person indicates no intention to reside in the United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section and section 3313.611 of the Revised Code do not apply to the board of education of any joint vocational school district or any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section 3325.08 or division (D) of section 3328.25 of the Revised Code that a student has received a diploma under either section, the board of education receiving the notice may grant a high school diploma under this section to the student, except that such board shall grant the student a diploma if the student meets the graduation requirements that the student would otherwise have had to meet to receive a diploma from the district. The diploma granted under this section shall be of the same type the notice indicates the student received under section 3325.08 or 3328.25 of the Revised Code.
(K) As used in this division, "English learner" has the same meaning as in division (C)(3) of section 3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no English learner who has not either attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or met the requirement prescribed by section 3313.618 of the Revised Code, shall be awarded a diploma under this section.
(L)(1) Any student described by division (A)(1) of this section who is subject to divisions (A)(1) to (3) of section 3313.618 of the Revised Code may be awarded a diploma without meeting the requirements prescribed by those divisions provided an individualized education program specifically exempts the student from meeting such requirement. This division does not negate the requirement for a student to take the assessments prescribed by section 3301.0710 or under division (B) of section 3301.0712 of the Revised Code, or alternate assessments required by division (C)(1) of section 3301.0711 of the Revised Code, for the purpose of assessing student progress as required by federal law.
(2) Any student described by division (A)(1) of this section who is subject to division (B) of section 3313.618 of the Revised Code may be awarded a diploma without meeting the requirement prescribed by division (B)(1) of that section provided the student's individualized education program specifically exempts the student from meeting that requirement and either division (L)(2)(a) or (b) of this section applies to the student, as follows:
(a)(i)
The student took an alternate assessment in mathematics and English
language arts administered to the student in accordance with division
(C)(1) of section 3301.0711 of the Revised Code and failed to attain
a score established by the state
board department
on
one or both assessments.
(ii) The school district offered remedial support to the student in each subject area in which the student did not attain the established score and the student received that support.
(iii) The student retook each alternate assessment in which the student did not attain the established score and the student did not attain the established score on the retake assessment.
(b)(i) The student took the Algebra I and English language arts II end-of-course examinations and failed to attain the competency score as determined under division (B)(10) of section 3301.0712 of the Revised Code on one or both examinations.
(ii) The school district offered remedial support to the student in each subject area in which the student did not attain the competency score and the student received that support.
(iii) The student retook each examination in which the student did not attain the competency score and the student did not attain the competency score on the retake examination.
Sec.
3313.611. (A)
The state
board department
of
education and
workforce shall
adopt, by rule, standards for awarding high school credit equivalent
to credit for completion of high school academic and vocational
education courses to applicants for diplomas under this section. The
standards may permit high school credit to be granted to an applicant
for any of the following:
(1) Work experiences or experiences as a volunteer;
(2) Completion of academic, vocational, or self-improvement courses offered to persons over the age of twenty-one by a chartered public or nonpublic school;
(3) Completion of academic, vocational, or self-improvement courses offered by an organization, individual, or educational institution other than a chartered public or nonpublic school;
(4) Other life experiences considered by the board to provide knowledge and learning experiences comparable to that gained in a classroom setting.
(B) The board of education of any city, exempted village, or local school district that operates a high school shall grant a diploma of adult education to any applicant if all of the following apply:
(1) The applicant is a resident of the district;
(2) The applicant is over the age of twenty-one and has not been issued a diploma as provided in section 3313.61 of the Revised Code;
(3) Subject to section 3313.614 of the Revised Code, the applicant has met the assessment requirements of division (B)(3)(a) or (b) of this section, as applicable.
(a) Prior to July 1, 2014, the applicant either:
(i) Has attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all of the assessments required by that division or was excused or exempted from any such assessment pursuant to section 3313.532 or was exempted from attaining the applicable score on any such assessment pursuant to division (H) or (L) of section 3313.61 of the Revised Code;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) On or after July 1, 2014, has met the requirement prescribed by section 3313.618 of the Revised Code, except and only to the extent that the applicant is excused from some portion of that section pursuant to section 3313.532 of the Revised Code or division (H) or (L) of section 3313.61 of the Revised Code.
(4) The district board determines, in accordance with the standards adopted under division (A) of this section, that the applicant has attained sufficient high school credits, including equivalent credits awarded under such standards, to qualify as having successfully completed the curriculum required by the district for graduation.
(C) If a district board determines that an applicant is not eligible for a diploma under division (B) of this section, it shall inform the applicant of the reason the applicant is ineligible and shall provide a list of any courses required for the diploma for which the applicant has not received credit. An applicant may reapply for a diploma under this section at any time.
(D)
If a district board awards an adult education diploma under this
section, the president and treasurer of the board and the
superintendent of schools shall sign it. Each diploma shall bear the
date of its issuance, be in such form as the district board
prescribes, and be paid for from the district's general fund, except
that the state
board department
may
by rule prescribe standard language to be included on each diploma.
(E) As used in this division, "English learner" has the same meaning as in division (C)(3) of section 3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no English learner who has not either attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or has not met the requirement prescribed by section 3313.618 of the Revised Code, shall be awarded a diploma under this section.
Sec.
3313.612. (A)
No nonpublic school chartered by the state
board director
of
education and
workforce shall
grant a high school diploma to any person unless, subject to section
3313.614 of the Revised Code, the person has met the assessment
requirements of division (A)(1) or (2) of this section, as
applicable.
(1) If the person entered the ninth grade prior to July 1, 2014, the person has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any person with regard to any assessment from which the person was excused pursuant to division (C)(1)(c) of section 3301.0711 of the Revised Code;
(2) Except as provided in division (B)(4) of this section, any person who attends a nonpublic school accredited through the independent schools association of the central states, except for a student attending the school under a state scholarship program as defined in section 3301.0711 of the Revised Code;
(3)
Any person with regard to the social studies assessment under
division (B)(1) of section 3301.0710 of the Revised Code, any
American history end-of-course examination and any American
government end-of-course examination required under division (B) of
section 3301.0712 of the Revised Code if such an exemption is
prescribed by rule of the state
board department
of
education
and
workforce
under
division (D)(3) of section 3301.0712 of the Revised Code, or the
citizenship test under former division (B) of section 3301.0710 of
the Revised Code as it existed prior to September 11, 2001, if all of
the following apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United States;
(c) The person indicates no intention to reside in the United States after completion of high school.
(4) Any person who attends a chartered nonpublic school that satisfies the requirements of division (L)(4) of section 3301.0711 of the Revised Code. In the case of such a student, the student's chartered nonpublic school shall determine the student's eligibility for graduation based on the standards of the school's accrediting body.
(C) As used in this division, "English learner" has the same meaning as in division (C)(3) of section 3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no English learner who has not either attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or met the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code, shall be awarded a diploma under this section.
(D)
The state
board department
shall
not impose additional requirements or assessments for the granting of
a high school diploma under this section that are not prescribed by
this section.
(E)
The department of
education shall
furnish the assessment administered by a nonpublic school pursuant to
division (B)(1) of section 3301.0712 of the Revised Code.
Sec. 3313.614. (A) As used in this section, a person "fulfills the curriculum requirement for a diploma" at the time one of the following conditions is satisfied:
(1) The person successfully completes the high school curriculum of a school district, a community school, a chartered nonpublic school, or a correctional institution.
(2) The person successfully completes the individualized education program developed for the person under section 3323.08 of the Revised Code.
(3) A board of education issues its determination under section 3313.611 of the Revised Code that the person qualifies as having successfully completed the curriculum required by the district.
(B) This division specifies the assessment requirements that must be fulfilled as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code.
(1) A person who fulfills the curriculum requirement for a diploma before September 15, 2000, is not required to pass any proficiency test or achievement test in science as a condition to receiving a diploma.
(2) A person who began ninth grade for the first time prior to July 1, 2003, is not required to pass the Ohio graduation test prescribed under division (B)(1) of section 3301.0710 or any assessment prescribed under division (B)(2) of that section in any subject as a condition to receiving a diploma once the person has passed the ninth grade proficiency test in the same subject, so long as the person passed the ninth grade proficiency test prior to September 15, 2008. However, any such person who passes the Ohio graduation test in any subject prior to passing the ninth grade proficiency test in the same subject shall be deemed to have passed the ninth grade proficiency test in that subject as a condition to receiving a diploma. For this purpose, the ninth grade proficiency test in citizenship substitutes for the Ohio graduation test in social studies. If a person began ninth grade prior to July 1, 2003, but does not pass a ninth grade proficiency test or the Ohio graduation test in a particular subject before September 15, 2008, and passage of a test in that subject is a condition for the person to receive a diploma, the person must pass the Ohio graduation test instead of the ninth grade proficiency test in that subject to receive a diploma.
(3)(a) Except as provided in division (B)(3)(b) of this section, a person who begins ninth grade for the first time on or after July 1, 2003, in a school district, community school, or chartered nonpublic school is not eligible to receive a diploma based on passage of ninth grade proficiency tests. Each such person who begins ninth grade prior to July 1, 2014, must pass Ohio graduation tests to meet the assessment requirements applicable to that person as a condition to receiving a diploma or satisfy one of the conditions prescribed in division (B)(3)(b) of this section.
(b) A person who began ninth grade for the first time prior to July 1, 2014, shall be eligible to receive a diploma if the person meets the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code.
(c)
A person who began ninth grade for the first time prior to July 1,
2014, and who has not attained at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the Revised
Code on all the assessments required by that division shall be
eligible to receive a diploma if the person meets the requirement
prescribed by rule of the state
board department
of
education
and
workforce
as
prescribed under division (B)(3)(d) of this section.
(d)
Not
later than December 31, 2015, the state board of education The
department shall
adopt rules prescribing the manner in which a person who began ninth
grade for the first time prior to July 1, 2014, may be eligible for a
high school diploma by combining the requirement prescribed by
section 3313.618 or 3313.619 of the Revised Code and the requirement
to attain at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on the assessments
required by that division. The rules shall ensure that the combined
requirements require a demonstration of mastery that is equivalent or
greater to the expectations of the assessments prescribed by division
(B)(1) of section 3301.0710 of the Revised Code. The rules shall
include the following:
(i) The date by which a person who began ninth grade for the first time prior to July 1, 2014, may be eligible for a high school diploma under division (B)(3)(c) of this section;
(ii) Methods of replacing individual assessments prescribed by division (B)(1) of section 3301.0710 of the Revised Code;
(iii) Methods of integrating the pathways prescribed by division (A) of section 3313.618 or section 3313.619 of the Revised Code.
(4) Except as provided in division (B)(3)(b) of this section, a person who begins ninth grade on or after July 1, 2014, is not eligible to receive a diploma based on passage of the Ohio graduation tests. Each such person must meet the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code.
(C) This division specifies the curriculum requirement that shall be completed as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code.
(1) A person who is under twenty-two years of age when the person fulfills the curriculum requirement for a diploma shall complete the curriculum required by the school district or school issuing the diploma for the first year that the person originally enrolled in high school, except for a person who qualifies for graduation from high school under either division (D) or (F) of section 3313.603 of the Revised Code.
(2)
Once a person fulfills the curriculum requirement for a diploma, the
person is never required, as a condition of receiving a diploma, to
meet any different curriculum requirements that take effect pending
the person's passage of proficiency tests or achievement tests or
assessments, including changes mandated by section 3313.603 of the
Revised Code, the
state
board
department,
a school district board of education, or a governing authority of a
community school or chartered nonpublic school.
Sec. 3313.615. This section shall apply to diplomas awarded after September 15, 2006, to students who are required to take the five Ohio graduation tests prescribed by division (B)(1) of section 3301.0710 of the Revised Code. This section does not apply to any student who enters ninth grade for the first time on or after July 1, 2014.
(A) As an alternative to the requirement that a person attain the scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required under that division in order to be eligible for a high school diploma or an honors diploma under sections 3313.61, 3313.612, or 3325.08 of the Revised Code or for a diploma of adult education under section 3313.611 of the Revised Code, a person who has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all but one of the assessments required by that division and from which the person was not excused or exempted, pursuant to division (L) of section 3313.61, division (B)(1) of section 3313.612, or section 3313.532 of the Revised Code, may be awarded a diploma or honors diploma if the person has satisfied all of the following conditions:
(1) On the one assessment required under division (B)(1) of section 3301.0710 of the Revised Code for which the person failed to attain the designated score, the person missed that score by ten points or less;
(2) Has a ninety-seven per cent school attendance rate in each of the last four school years, excluding any excused absences;
(3) Has not been expelled from school under section 3313.66 of the Revised Code in any of the last four school years;
(4)
Has a grade point average of at least 2.5 out of 4.0, or its
equivalent as designated in rules adopted by the state
board department
of
education
and
workforce,
in the subject area of the assessment required under division (B)(1)
of section 3301.0710 of the Revised Code for which the person failed
to attain the designated score;
(5) Has completed the high school curriculum requirements prescribed in section 3313.603 of the Revised Code or has qualified under division (D) or (F) of that section;
(6) Has taken advantage of any intervention programs provided by the school district or school in the subject area described in division (A)(4) of this section and has a ninety-seven per cent attendance rate, excluding any excused absences, in any of those programs that are provided at times beyond the normal school day, school week, or school year or has received comparable intervention services from a source other than the school district or school;
(7) Holds a letter recommending graduation from each of the person's high school teachers in the subject area described in division (A)(4) of this section and from the person's high school principal.
(B)
The state
board of education department
shall
establish rules designating grade point averages equivalent to the
average specified in division (A)(4) of this section for use by
school districts and schools with different grading systems.
(C) Any student who is exempt from attaining the applicable score designated under division (B)(1) of section 3301.0710 of the Revised Code on the Ohio graduation test in social studies pursuant to division (H) of section 3313.61 or division (B)(3) of section 3313.612 of the Revised Code shall not qualify for a high school diploma under this section, unless, notwithstanding the exemption, the student attains the applicable score on that assessment. If the student attains the applicable score on that assessment, the student may qualify for a diploma under this section in the same manner as any other student who is required to take the five Ohio graduation tests prescribed by division (B)(1) of section 3301.0710 of the Revised Code.
Sec. 3313.618. (A) In addition to the curriculum requirements specified by the board of education of a school district or governing authority of a chartered nonpublic school, each student entering ninth grade for the first time on or after July 1, 2014, but prior to July 1, 2019, shall satisfy at least one of the following conditions or the conditions prescribed under division (B) of this section in order to qualify for a high school diploma:
(1) Be remediation-free, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, on each of the nationally standardized assessments in English, mathematics, and reading;
(2) Attain a score specified under division (B)(5)(c) of section 3301.0712 of the Revised Code on the end-of-course examinations prescribed under division (B) of section 3301.0712 of the Revised Code.
(3)
Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the state
board department
of
education
and
workforce
under
division (G)
(F)
of
section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential or a license issued by a state agency
or board for practice in a vocation that requires an examination for
issuance of that license.
For the purposes of this division, the industry-recognized credentials and licenses shall be as approved under section 3313.6113 of the Revised Code.
A student may choose to qualify for a high school diploma by satisfying any of the separate requirements prescribed by divisions (A)(1) to (3) of this section. If the student's school district or school does not administer the examination prescribed by one of those divisions that the student chooses to take to satisfy the requirements of this section, the school district or school may require that student to arrange for the applicable scores to be sent directly to the district or school by the company or organization that administers the examination.
(B) In addition to the curriculum requirements specified by the district board or school governing authority, each student entering ninth grade for the first time on or after July 1, 2019, shall satisfy the following conditions in order to qualify for a high school diploma:
(1) Attain a competency score as determined under division (B)(10) of section 3301.0712 of the Revised Code on each of the Algebra I and English language arts II end-of-course examinations prescribed under division (B)(2) of section 3301.0712 of the Revised Code.
School districts and chartered nonpublic schools shall offer remedial support to any student who fails to attain a competency score on one or both of the Algebra I and English language arts II end-of-course examinations.
Following the first administration of the exam, if a student fails to attain a competency score on one or both of the Algebra I and English language arts II end-of-course examinations that student must retake the respective examination at least once.
If a student fails to attain a competency score on a retake examination, the student may demonstrate competency in the failed subject area through one of the following options:
(a) Earn course credit taken through the college credit plus program established under Chapter 3365. of the Revised Code in the failed subject area;
(b) Complete two of the following options, one of which must be foundational:
(i) Foundational options to demonstrate competency, which include earning a cumulative score of proficient or higher on three or more state technical assessments aligned with section 3313.903 of the Revised Code in a single career pathway, obtaining an industry-recognized credential, or group of credentials, approved under section 3313.6113 of the Revised Code that is at least equal to the total number of points established under that section to qualify for a high school diploma, obtaining a license approved under section 3313.6113 of the Revised Code that is issued by a state agency or board for practice in a vocation that requires an examination for issuance of that license, completing a pre-apprenticeship aligned with options established under section 3313.904 of the Revised Code in the student's chosen career field, completing an apprenticeship registered with the apprenticeship council established under section 4139.02 of the Revised Code in the student's chosen career field, or providing evidence of acceptance into an apprenticeship program after high school that is restricted to participants eighteen years of age or older;
(ii)
Supporting options to demonstrate competency, which include
completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations, obtaining an
OhioMeansJobs-readiness seal under section 3313.6112 of the Revised
Code, or attaining a workforce readiness score, as determined by the
department
of
education,
on the nationally recognized job skills assessment selected by the
state
board department
under
division (G)(F)
of
section 3301.0712 of the Revised Code.
(c) Provide evidence that the student has enlisted in a branch of the armed services of the United States as defined in section 5910.01 of the Revised Code.
(d) Be remediation-free, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, in the failed subject area on a nationally standardized assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code. For English language arts II, a student must be remediation-free in the subjects of English and reading on the nationally standardized assessment.
Subject to division (L)(2) of section 3313.61 of the Revised Code, for any students receiving special education and related services under Chapter 3323. of the Revised Code, the individualized education program developed for the student under that chapter shall specify the manner in which the student will participate in the assessments administered under this division or an alternate assessment in accordance with division (C)(1) of section 3301.0711 of the Revised Code.
(2) Earn at least two of the state diploma seals prescribed under division (A) of section 3313.6114 of the Revised Code, at least one of which shall be any of the following:
(a) The state seal of biliteracy established under section 3313.6111 of the Revised Code;
(b) The OhioMeansJobs-readiness seal established under section 3313.6112 of the Revised Code;
(c) One of the state diploma seals established under divisions (C)(1) to (7) of section 3313.6114 of the Revised Code.
(C)(1)
A student who transfers into an Ohio public or chartered nonpublic
high school from another state or enrolls in such a high school after
receiving home instruction
education
or
attending a nonchartered, nontax-supported school in the previous
school year shall meet the requirements of division (B) or (D) of
this section, as applicable, in order to qualify for a high school
diploma. However, any student subject to division (B) of this section
who transfers or enrolls after the start of the student's twelfth
grade year and fails to attain a competency score on the Algebra I or
English language arts II end-of-course examination shall not be
required to retake the applicable examination prior to demonstrating
competency in the failed subject area under the options prescribed in
divisions (B)(1)(a) to (d) of this section.
(2) The department shall prescribe standards that allow a transfer student who, prior to the student's transfer, took an assessment described in division (B)(1) or (2) of section 3301.0712 or section 3313.619 of the Revised Code to apply the score from that assessment towards graduation requirements at the student's new public or chartered nonpublic school.
(D) Notwithstanding division (B) of this section, in addition to the curriculum requirements specified by the school governing authority, a chartered nonpublic school student subject to division (L)(3)(a)(ii) of section 3301.0711 of the Revised Code entering ninth grade for the first time on or after July 1, 2019, shall qualify for a high school diploma if the student earns a remediation-free score in the areas of English, mathematics, and reading, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, on a nationally standardized assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code. No such student shall be required to take the Algebra I or English language arts II end-of-course examination or earn diploma seals under this section.
(E)
The state
board of education department
shall
not create or require any additional assessment for the granting of
any type of high school diploma other than as prescribed by this
section. Except as provided in sections 3313.6111, 3313.6112, and
3313.6114 of the Revised Code, the state
board department
or
the superintendent
of public instruction director
of education and workforce shall
not create any endorsement or designation that may be affiliated with
a high school diploma.
Sec. 3313.619. (A) In lieu of the assessment requirements prescribed by division (A) of section 3313.618 of the Revised Code or the requirements to demonstrate competency and earn diploma seals prescribed by division (B) of that section, a chartered nonpublic school may grant a high school diploma to a student who attains at least the designated score on an assessment approved by the department of education and workforce under division (B) of this section and selected by the school's governing authority.
(B) For purposes of division (A) of this section, the department shall approve assessments that meet the conditions specified under division (C) of this section and shall designate passing scores for each of those assessments.
(C) Each assessment approved under division (B) of this section shall be nationally norm-referenced, have internal consistency reliability coefficients of at least "0.8," be standardized, have specific evidence of content, concurrent, or criterion validity, have evidence of norming studies in the previous ten years, have a measure of student achievement in core academic areas, and have high validity evidenced by the alignment of the assessment with nationally recognized content.
(D) Nothing in this section shall prohibit a chartered nonpublic school from granting a high school diploma to a student if the student satisfies the applicable requirements prescribed by section 3313.618 of the Revised Code.
Sec.
3313.6110. (A)
A person who has completed the final year of instruction at home, as
authorized under section 3321.04
3321.042
of
the Revised Code, and has successfully fulfilled the high school
curriculum applicable to that person may be granted a high school
diploma by the person's parent, guardian, or other person having
charge or care of a child, as defined in division (A)(1) of section
3321.01 of the Revised Code.
(B)
Beginning
with diplomas issued on or after July 1, 2015, each diploma granted
under division (A) of this section shall be accompanied by the
official letter of excuse issued by the district superintendent for
the student's final year of home education.
(C)
A
person who has graduated from a nonchartered nonpublic school in Ohio
and who has successfully fulfilled that school's high school
curriculum may be granted a high school diploma by the governing
authority of that school.
(D)
(C)
Notwithstanding
anything in the Revised Code to the contrary, a diploma granted under
this section shall serve as proof of the successful completion of
that person's applicable high school curriculum and satisfactory to
fulfill any legal requirement to show such proof.
(E)
(D)
For
the purposes of an application for employment, a diploma granted
under this section shall be considered proof of completion of a high
school education, regardless of whether the person to which the
diploma was granted participated in the assessments prescribed by
division (A)(1) or (B)(1) or (2) of section 3301.0710 and section
3301.0712 of the Revised Code.
(F)
(E)
A
diploma granted under division (A) of this section may include a
state seal of biliteracy, an OhioMeansJobs-readiness seal, or a state
diploma seal that may be assigned to the student's diploma, by the
parent, guardian, or other person having charge or care of the
student, in the same manner as prescribed for diplomas and
transcripts issued by school districts and chartered nonpublic
schools under sections 3313.6111, 3113.6112, and 3313.6114 of the
Revised Code.
Sec.
3313.6111. (A)
The state
board department
of
education
and
workforce
shall
establish the state seal of biliteracy, which may be attached or
affixed to the high school transcript of a student enrolled in a
public or chartered nonpublic school. The state seal of biliteracy
shall demonstrate the attainment of a high level of proficiency by a
graduate of a public or chartered nonpublic high school in one or
more languages in addition to English, sufficient for meaningful use
in college and a career. The purpose of the state seal of biliteracy
shall be to:
(1) Encourage students to study languages;
(2) Certify the attainment of biliteracy;
(3) Provide employers with a method of identifying individuals with language and biliteracy skills;
(4) Provide institutions of higher education with an additional method to recognize applicants for admission;
(5) Prepare students with twenty-first century skills;
(6) Recognize the value of foreign language and native language instruction in public schools; and
(7) Strengthen inter-group relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.
(B)(1) A school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, college-preparatory boarding school established under Chapter 3328. of the Revised Code, or chartered nonpublic school may attach or affix the state seal of biliteracy to the transcript of a student enrolled in the school who meets the requirements prescribed under division (C)(1) of this section. A district or school shall not be required to attach or affix the state seal of biliteracy on the transcript of a student enrolled in the school.
(2) Each school district, community school, STEM school, college-preparatory boarding school, and chartered nonpublic school shall maintain appropriate records to identify students who have completed the requirements for earning a state seal of biliteracy as prescribed under division (C)(1) of this section, and if the district or school has a policy of attaching or affixing the state seal of biliteracy to student transcripts, the district or school shall make the appropriate designation on the transcript of a student who completes the requirements.
(C)
The state
board of education department
shall
do the following:
(1) Establish the requirements and criteria for earning a state seal of biliteracy, including assessments of foreign language and English proficiency.
(2)
Direct
the department of education to prepare Prepare
and
deliver to participating school districts, community schools, STEM
schools, college-preparatory boarding schools, and chartered
nonpublic schools an appropriate mechanism for assigning a state seal
of biliteracy on a student's transcript indicating that the student
has been assigned the seal;
(3)
Direct
the department to provide Provide
any
other information the
state board it
considers
necessary for school districts, community schools, STEM schools,
college-preparatory boarding schools, and chartered nonpublic schools
to participate in the assigning of a state seal of biliteracy;
(4) Adopt rules in accordance with Chapter 119. of the Revised Code to implement the provisions of this section.
(D) A student shall not be charged a fee to be assigned a state seal of biliteracy on their transcript. A student may be required to pay a fee to demonstrate proficiency in a language, including the cost of a standardized test to determine proficiency in a language.
(E) As used in this section, "foreign language" refers to any language other than English, including modern languages, Latin, American sign language, native American languages, and native languages.
Sec.
3313.6112. (A)
The superintendent
of public instruction
department
of education and workforce,
in consultation with the chancellor of higher education and the
governor's office of workforce transformation, shall establish the
OhioMeansJobs-readiness seal, which may be attached or affixed to the
high school diploma and transcript of a student enrolled in a public
or chartered nonpublic school.
(B) A school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, college-preparatory boarding school established under Chapter 3328. of the Revised Code, or chartered nonpublic school shall attach or affix the OhioMeansJobs-readiness seal to the diploma and transcript of a student enrolled in the school who meets the requirements prescribed under division (C)(1) of this section.
(C)
The state
superintendentdepartment
of education and workforce,
in consultation with the chancellor and the governor's office of
workforce transformation, shall do the following:
(1) Establish the requirements and criteria for earning an OhioMeansJobs-readiness seal, including demonstration of work-readiness and work ethic competencies such as teamwork, problem-solving, reliability, punctuality, and computer technology competency;
(2) Develop a standardized form for students to complete and have validated prior to graduation by at least three individuals, each of whom must be an employer, teacher, business mentor, community leader, faith-based leader, school leader, or coach of the student;
(3) Prepare and deliver to all school districts, community schools, STEM schools, college-preparatory boarding schools, and chartered nonpublic schools an appropriate mechanism for assigning an OhioMeansJobs-readiness seal on a student's diploma and transcript indicating that the student has been assigned the seal;
(4)
Provide any other information the state
superintendent department
considers
necessary for school districts, community schools, STEM schools,
college-preparatory boarding schools, and chartered nonpublic schools
to assign an OhioMeansJobs-readiness seal.
(D) A student shall not be charged a fee to be assigned an OhioMeansJobs-readiness seal on the student's diploma and transcript.
Sec.
3313.6113. (A)
The superintendent
of public instructiondirector
of education and workforce,
in collaboration with the governor's office of workforce
transformation and representatives of business organizations, shall
establish a committee to develop a list of industry-recognized
credentials and licenses that may be used to qualify for a high
school diploma under section 3313.618 of the Revised Code and shall
be used for state report card purposes under section 3302.03 of the
Revised Code. The
state superintendent shall appoint the members of the committee not
later than January 1, 2018.
(B) The committee shall do the following:
(1) Establish criteria for acceptable industry-recognized credentials and licenses aligned with the in-demand jobs list published by the department of job and family services;
(2) Review the list of industry-recognized credentials and licenses that was in existence on January 1, 2018, and update the list as it considers necessary;
(3) Review and update the list of industry-recognized credentials and licenses at least biennially;
(4) Assign a point value for each industry-recognized credential and establish the total number of points for industry-recognized credentials that a student must earn to qualify for a high school diploma under sections 3313.618 and 3313.6114 of the Revised Code;
(5) Update the list of industry-recognized credentials to include a driver's license obtained by a student through a driver education course offered by a school district in accordance with section 3301.17 of the Revised Code.
(C) For purposes of divisions (B)(2)(d), (C)(2)(e), and (D)(1)(j)(v) of section 3302.03 of the Revised Code, the department of education and workforce shall include only those students who earn an industry-recognized credential, or group of credentials, at least equal to the total number of points established by the committee under this section to qualify for a high school diploma.
Sec.
3313.6114. (A)
The state
board department
of
education
and
workforce
shall
establish a system of state diploma seals for the purposes of
allowing a student to qualify for graduation under section 3313.618
of the Revised Code. State diploma seals may be attached or affixed
to the high school diploma of a student enrolled in a public or
chartered nonpublic school. The system of state diploma seals shall
consist of all of the following:
(1) The state seal of biliteracy established under section 3313.6111 of the Revised Code;
(2) The OhioMeansJobs-readiness seal established under section 3313.6112 of the Revised Code;
(3) The state diploma seals prescribed under division (C) of this section.
(B) A school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, college-preparatory boarding school established under Chapter 3328. of the Revised Code, or chartered nonpublic school shall attach or affix the state seals prescribed under division (C) of this section to the diploma and transcript of a student enrolled in the district or school who meets the requirements established under that division.
(C)
The state
board department
shall
establish all of the following state diploma seals:
(1) An industry-recognized credential seal. A student shall meet the requirement for this seal by doing either of the following:
(a) Earning an industry-recognized credential, or group of credentials, approved under section 3313.6113 of the Revised Code that is both of the following:
(i) At least equal to the total number of points established under section 3313.6113 of the Revised Code to qualify for a high school diploma;
(ii) Aligned to a job that is determined to be in demand in this state and its regions under section 6301.11 of the Revised Code.
(b) Obtaining a license approved under section 3313.6113 of the Revised Code that is issued by a state agency or board for practice in a vocation that requires an examination for issuance of that license.
(2) A college-ready seal. A student shall meet the requirement for this seal by attaining a score that is remediation-free, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, on a nationally standardized assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code.
(3) A military enlistment seal. A student shall meet the requirement for this seal by doing either of the following:
(a) Providing evidence that the student has enlisted in a branch of the armed services of the United States as defined in section 5910.01 of the Revised Code;
(b) Participating in a junior reserve officer training program approved by the congress of the United States under title 10 of the United States Code.
(4) A citizenship seal. A student shall meet the requirement for this seal by doing any of the following:
(a) Demonstrating at least a proficient level of skill as prescribed under division (B)(5)(a) of section 3301.0712 of the Revised Code on both the American history and American government end-of-course examinations prescribed under division (B)(2) of section 3301.0712 of the Revised Code;
(b) Attaining a score level prescribed under division (B)(5)(d) of section 3301.0712 of the Revised Code that is at least the equivalent of a proficient level of skill in appropriate advanced placement or international baccalaureate examinations in lieu of the American history and American government end-of-course examinations;
(c) In lieu of the American history and American government end-of-course examinations, attaining a final course grade that is the equivalent of a "B" or higher in either:
(i) An American history course and an American government course that are offered by the student's high school;
(ii) Appropriate courses taken through the college credit plus program established under Chapter 3365. of the Revised Code.
(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the state
board department
on
the alternate assessment in social studies;
(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or who enrolls in
an Ohio public or chartered nonpublic high school after receiving
home instruction
education
or
attending a nonchartered, nontax-supported school in the previous
school year, attaining a final course grade that is the equivalent of
a "B" or higher in courses that correspond with the
American history and American government end-of-course examinations
and that the student completed in the state from which the student
transferred or completed while receiving home instruction
education
or
attending a nonchartered, nontax-supported school. Division (C)(4)(e)
of this section does not apply to any such student with respect to an
American history or American government course for which an
end-of-course examination is associated that the student takes after
enrolling in the high school.
(5) A science seal. A student shall meet the requirement for this seal by doing any of the following:
(a) Demonstrating at least a proficient level of skill as prescribed under division (B)(5)(a) of section 3301.0712 of the Revised Code on the science end-of-course examination prescribed under division (B)(2) of section 3301.0712 of the Revised Code;
(b) Attaining a score level prescribed under division (B)(5)(d) of section 3301.0712 of the Revised Code that is at least the equivalent of a proficient level of skill in an appropriate advanced placement or international baccalaureate examination in lieu of the science end-of-course examination;
(c) In lieu of the science end-of-course examination, attaining a final course grade that is the equivalent of a "B" or higher in either:
(i) A science course listed in divisions (C)(5)(c)(i) to (iii) of section 3313.603 of the Revised Code that is offered by the student's high school;
(ii) An appropriate course taken through the college credit plus program established under Chapter 3365. of the Revised Code.
(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the state
board department
on
the alternate assessment in science;
(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
instruction
education
or
attending a nonchartered, nontax-supported school in the previous
school year, attaining a final course grade that is the equivalent of
a "B" or higher in a course that corresponds with the
science end-of-course examination and that the student completed in
the state from which the student transferred or completed while
receiving home instruction or attending a nonchartered,
nontax-supported school. Division (C)(5)(e) of this section does not
apply to any such student who takes a science course for which an
end-of-course examination is associated after enrolling in the high
school.
(6) An honors diploma seal. A student shall meet the requirement for this seal by meeting the additional criteria for an honors diploma under division (B) of section 3313.61 of the Revised Code.
(7) A technology seal. A student shall meet the requirement for this seal by doing any of the following:
(a) Subject to division (B)(5)(d) of section 3301.0712 of the Revised Code, attaining a score level that is at least the equivalent of a proficient level of skill in an appropriate advanced placement or international baccalaureate examination;
(b) Attaining a final course grade that is the equivalent of a "B" or higher in an appropriate course taken through the college credit plus program established under Chapter 3365. of the Revised Code;
(c)
Completing a course offered through the student's district or school
that meets guidelines developed by the department
of
education.
However, a district or school shall not be required to offer a course
that meets those
guidelines
developed
by the department.
(d)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
instruction
education
or
attending a nonchartered, nontax-supported school in the previous
school year, attaining a final course grade that is the equivalent of
a "B" or higher in an appropriate course, as determined by
the district or school, that the student completed in the state from
which the student transferred or completed while receiving home
instruction
education
or
attending a nonchartered, nontax-supported school.
(8) A community service seal. A student shall meet the requirement for this seal by completing a community service project that is aligned with guidelines adopted by the student's district board or school governing authority.
(9) A fine and performing arts seal. A student shall meet the requirement for this seal by demonstrating skill in the fine or performing arts according to an evaluation that is aligned with guidelines adopted by the student's district board or school governing authority.
(10) A student engagement seal. A student shall meet the requirement for this seal by participating in extracurricular activities such as athletics, clubs, or student government to a meaningful extent, as determined by guidelines adopted by the student's district board or school governing authority.
(D)(1) Each district or school shall develop guidelines for at least one of the state seals prescribed under divisions (C)(8) to (10) of this section.
(2) For the purposes of determining whether a student who transfers to a district or school has satisfied the state diploma seal requirement under division (B)(2) of section 3313.618 of the Revised Code, each district or school shall recognize a state diploma seal prescribed under divisions (C)(8) to (10) of this section and earned by a student at another district or a different public or chartered nonpublic school regardless of whether the district or school to which the student transfers has developed guidelines under this section for that state seal.
(3) In guidelines developed for a state diploma seal prescribed under divisions (C)(8) to (10) of this section, each district or school shall include a method to give, to the extent feasible, a student who transfers into the district or school a proportional amount of credit for any progress the student was making toward earning that state seal at the school district or different public or chartered nonpublic school from which the student transfers.
(E) Each district or school shall maintain appropriate records to identify students who have met the requirements prescribed under division (C) of this section for earning the state seals established under that division.
(F) The department shall prepare and deliver to each district or school an appropriate mechanism for assigning a state diploma seal established under division (C) of this section.
(G) A student shall not be charged a fee to be assigned a state seal prescribed under division (C) of this section on the student's diploma and transcript.
Sec. 3313.64. (A) As used in this section and in section 3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this section, "parent" means either parent, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian of the child. When a child is in the legal custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent with residual parental rights, privileges, and responsibilities. When a child is in the permanent custody of a government agency or a person other than the child's natural or adoptive parent, "parent" means the parent who was divested of parental rights and responsibilities for the care of the child and the right to have the child live with the parent and be the legal custodian of the child and all residual parental rights, privileges, and responsibilities.
(b) When a child is the subject of a power of attorney executed under sections 3109.51 to 3109.62 of the Revised Code, "parent" means the grandparent designated as attorney in fact under the power of attorney. When a child is the subject of a caretaker authorization affidavit executed under sections 3109.64 to 3109.73 of the Revised Code, "parent" means the grandparent that executed the affidavit.
(2) "Legal custody," "permanent custody," and "residual parental rights, privileges, and responsibilities" have the same meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local, or exempted village school district and excludes any school operated in an institution maintained by the department of youth services.
(4) Except as used in division (C)(2) of this section, "home" means a home, institution, foster home, group home, or other residential facility in this state that receives and cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such purpose by the state or is maintained by the department of youth services.
(b) The home is operated by a person who is licensed, certified, or approved by the state to operate the home for such purpose.
(c) The home accepted the child through a placement by a person licensed, certified, or approved to place a child in such a home by the state.
(d) The home is a children's home created under section 5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the Ohio department of job and family services in accordance with the requirements of section 5103.03 of the Revised Code and assumes temporary or permanent custody of children through commitment, agreement, or surrender, and places children in family homes for the purpose of adoption;
(c) Comparable agencies of other states or countries that have complied with applicable requirements of section 2151.39 of the Revised Code or as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the following occurs:
(a) An agency to which the child has been permanently committed or surrendered enters into an agreement with a person pursuant to section 5103.16 of the Revised Code for the care and adoption of the child.
(b) The child's natural parent places the child pursuant to section 5103.16 of the Revised Code with a person who will care for and adopt the child.
(7) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code.
(8) "Child," unless otherwise indicated, includes preschool children with disabilities.
(9) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the Revised Code for admittance to kindergarten and first grade, a child who is at least five but under twenty-two years of age and any preschool child with a disability shall be admitted to school as provided in this division.
(1) A child shall be admitted to the schools of the school district in which the child's parent resides.
(2) Except as provided in division (B) of section 2151.362 and section 3317.30 of the Revised Code, a child who does not reside in the district where the child's parent resides shall be admitted to the schools of the district in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a government agency or a person other than the child's natural or adoptive parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of this section to be admitted to the schools of the district where the child resides and who is residing with a resident of this state with whom the child has been placed for adoption shall be admitted to the schools of the district where the child resides unless either of the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of education of a school district from placing a child with a disability who resides in the district in a special education program outside of the district or its schools in compliance with Chapter 3323. of the Revised Code.
(C) A district shall not charge tuition for children admitted under division (B)(1) or (3) of this section. If the district admits a child under division (B)(2) of this section, tuition shall be paid to the district that admits the child as provided in divisions (C)(1) to (3) of this section, unless division (C)(4) of this section applies to the child:
(1) If the child receives special education in accordance with Chapter 3323. of the Revised Code, the school district of residence, as defined in section 3323.01 of the Revised Code, shall pay tuition for the child in accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code regardless of who has custody of the child or whether the child resides in a home.
(2) For a child that does not receive special education in accordance with Chapter 3323. of the Revised Code, except as otherwise provided in division (C)(2)(d) of this section, if the child is in the permanent or legal custody of a government agency or person other than the child's parent, tuition shall be paid by:
(a) The district in which the child's parent resided at the time the court removed the child from home or at the time the court vested legal or permanent custody of the child in the person or government agency, whichever occurred first;
(b) If the parent's residence at the time the court removed the child from home or placed the child in the legal or permanent custody of the person or government agency is unknown, tuition shall be paid by the district in which the child resided at the time the child was removed from home or placed in legal or permanent custody, whichever occurred first;
(c) If a school district cannot be established under division (C)(2)(a) or (b) of this section, tuition shall be paid by the district determined as required by section 2151.362 of the Revised Code by the court at the time it vests custody of the child in the person or government agency;
(d) If at the time the court removed the child from home or vested legal or permanent custody of the child in the person or government agency, whichever occurred first, one parent was in a residential or correctional facility or a juvenile residential placement and the other parent, if living and not in such a facility or placement, was not known to reside in this state, tuition shall be paid by the district determined under division (D) of section 3313.65 of the Revised Code as the district required to pay any tuition while the parent was in such facility or placement;
(e) If the department of education and workforce has determined, pursuant to division (A)(2) of section 2151.362 of the Revised Code, that a school district other than the one named in the court's initial order, or in a prior determination of the department, is responsible to bear the cost of educating the child, the district so determined shall be responsible for that cost.
(3) If the child is not in the permanent or legal custody of a government agency or person other than the child's parent and the child resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent resides;
(b) If the child's parent is not a resident of this state, the home in which the child resides.
(4) Division (C)(4) of this section applies to any child who is admitted to a school district under division (B)(2) of this section, resides in a home that is not a foster home, a home maintained by the department of youth services, a detention facility established under section 2152.41 of the Revised Code, or a juvenile facility established under section 2151.65 of the Revised Code, and receives educational services at the home or facility in which the child resides pursuant to a contract between the home or facility and the school district providing those services.
If a child to whom division (C)(4) of this section applies is a special education student, a district may choose whether to receive a tuition payment for that child under division (C)(4) of this section or to receive a payment for that child under section 3323.14 of the Revised Code. If a district chooses to receive a payment for that child under section 3323.14 of the Revised Code, it shall not receive a tuition payment for that child under division (C)(4) of this section.
If a child to whom division (C)(4) of this section applies is not a special education student, a district shall receive a tuition payment for that child under division (C)(4) of this section.
In the case of a child to which division (C)(4) of this section applies, the total educational cost to be paid for the child shall be determined by a formula approved by the department of education and workforce, which formula shall be designed to calculate a per diem cost for the educational services provided to the child for each day the child is served and shall reflect the total actual cost incurred in providing those services. The department shall certify the total educational cost to be paid for the child to both the school district providing the educational services and, if different, the school district that is responsible to pay tuition for the child. The department shall deduct the certified amount from the state basic aid funds payable under Chapter 3317. of the Revised Code to the district responsible to pay tuition and shall pay that amount to the district providing the educational services to the child.
(D) Tuition required to be paid under divisions (C)(2) and (3)(a) of this section shall be computed in accordance with section 3317.08 of the Revised Code. Tuition required to be paid under division (C)(3)(b) of this section shall be computed in accordance with section 3317.081 of the Revised Code. If a home fails to pay the tuition required by division (C)(3)(b) of this section, the board of education providing the education may recover in a civil action the tuition and the expenses incurred in prosecuting the action, including court costs and reasonable attorney's fees. If the prosecuting attorney or city director of law represents the board in such action, costs and reasonable attorney's fees awarded by the court, based upon the prosecuting attorney's, director's, or one of their designee's time spent preparing and presenting the case, shall be deposited in the county or city general fund.
(E) A board of education may enroll a child free of any tuition obligation for a period not to exceed sixty days, on the sworn statement of an adult resident of the district that the resident has initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend school under this division, no tuition shall be charged by the school district of attendance and no other school district shall be required to pay tuition for the individual's attendance. Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two years of age who live apart from their parents, support themselves by their own labor, and have not successfully completed the high school curriculum or the individualized education program developed for the person by the high school pursuant to section 3323.08 of the Revised Code, are entitled to attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married is entitled to attend school in the child's district of residence.
(3) A child is entitled to attend school in the district in which either of the child's parents is employed if the child has a medical condition that may require emergency medical attention. The parent of a child entitled to attend school under division (F)(3) of this section shall submit to the board of education of the district in which the parent is employed a statement from the child's physician certifying that the child's medical condition may require emergency medical attention. The statement shall be supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's parent is entitled, for a period not to exceed twelve months, to attend school in the district in which that person resides if the child's parent files an affidavit with the superintendent of the district in which the person with whom the child is living resides stating all of the following:
(a) That the parent is serving outside of the state in the armed services of the United States;
(b) That the parent intends to reside in the district upon returning to this state;
(c) The name and address of the person with whom the child is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the death of a parent, resides in a school district other than the district in which the child attended school at the time of the parent's death is entitled to continue to attend school in the district in which the child attended school at the time of the parent's death for the remainder of the school year, subject to approval of that district board.
(6) A child under the age of twenty-two years who resides with a parent who is having a new house built in a school district outside the district where the parent is residing is entitled to attend school for a period of time in the district where the new house is being built. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:
(a) A sworn statement explaining the situation, revealing the location of the house being built, and stating the parent's intention to reside there upon its completion;
(b) A statement from the builder confirming that a new house is being built for the parent and that the house is at the location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a parent who has a contract to purchase a house in a school district outside the district where the parent is residing and who is waiting upon the date of closing of the mortgage loan for the purchase of such house is entitled to attend school for a period of time in the district where the house is being purchased. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:
(a) A sworn statement explaining the situation, revealing the location of the house being purchased, and stating the parent's intent to reside there;
(b) A statement from a real estate broker or bank officer confirming that the parent has a contract to purchase the house, that the parent is waiting upon the date of closing of the mortgage loan, and that the house is at the location indicated in the parent's statement.
The district superintendent shall establish a period of time not to exceed ninety days during which the child entitled to attend school under division (F)(6) or (7) of this section may attend without tuition obligation. A student attending a school under division (F)(6) or (7) of this section shall be eligible to participate in interscholastic athletics under the auspices of that school, provided the board of education of the school district where the student's parent resides, by a formal action, releases the student to participate in interscholastic athletics at the school where the student is attending, and provided the student receives any authorization required by a public agency or private organization of which the school district is a member exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a city, local, or exempted village school district, or of an educational service center, may be admitted to the schools of the district where the child's parent is employed, or in the case of a child whose parent is employed by an educational service center, in the district that serves the location where the parent's job is primarily located, provided the district board of education establishes such an admission policy by resolution adopted by a majority of its members. Any such policy shall take effect on the first day of the school year and the effective date of any amendment or repeal may not be prior to the first day of the subsequent school year. The policy shall be uniformly applied to all such children and shall provide for the admission of any such child upon request of the parent. No child may be admitted under this policy after the first day of classes of any school year.
(9) A child who is with the child's parent under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code, is entitled to attend school free in the district in which the child is with the child's parent, and no other school district shall be required to pay tuition for the child's attendance in that school district.
The
enrollment of a child in a school district under this division shall
not be denied due to a delay in the school district's receipt of any
records required under section 3313.672 of the Revised Code or any
other records required for enrollment. Any days of attendance and any
credits earned by a child while enrolled in a school district under
this division shall be transferred to and accepted by any school
district in which the child subsequently enrolls. The state
board department
of
education
and
workforce
shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent has moved out of the school district after the commencement of classes in the child's senior year of high school is entitled, subject to the approval of that district board, to attend school in the district in which the child attended school at the time of the parental move for the remainder of the school year and for one additional semester or equivalent term. A district board may also adopt a policy specifying extenuating circumstances under which a student may continue to attend school under division (F)(10) of this section for an additional period of time in order to successfully complete the high school curriculum for the individualized education program developed for the student by the high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a parent of a parent of a child. A child under the age of twenty-two years who is in the custody of the child's parent, resides with a grandparent, and does not require special education is entitled to attend the schools of the district in which the child's grandparent resides, provided that, prior to such attendance in any school year, the board of education of the school district in which the child's grandparent resides and the board of education of the school district in which the child's parent resides enter into a written agreement specifying that good cause exists for such attendance, describing the nature of this good cause, and consenting to such attendance.
In lieu of a consent form signed by a parent, a board of education may request the grandparent of a child attending school in the district in which the grandparent resides pursuant to division (F)(11) of this section to complete any consent form required by the district, including any authorization required by sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised Code. Upon request, the grandparent shall complete any consent form required by the district. A school district shall not incur any liability solely because of its receipt of a consent form from a grandparent in lieu of a parent.
Division (F)(11) of this section does not create, and shall not be construed as creating, a new cause of action or substantive legal right against a school district, a member of a board of education, or an employee of a school district. This section does not affect, and shall not be construed as affecting, any immunities from defenses to tort liability created or recognized by Chapter 2744. of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is entitled to attend school in a school district other than the district in which the child is entitled to attend school under division (B), (C), or (E) of this section provided that, prior to such attendance in any school year, both of the following occur:
(a) The superintendent of the district in which the child is entitled to attend school under division (B), (C), or (E) of this section contacts the superintendent of another district for purposes of this division;
(b) The superintendents of both districts enter into a written agreement that consents to the attendance and specifies that the purpose of such attendance is to protect the student's physical or mental well-being or to deal with other extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is not receiving special education under Chapter 3323. of the Revised Code and notwithstanding Chapter 3327. of the Revised Code, the board of education of neither school district involved in the agreement is required to provide transportation for the student to and from the school where the student attends.
A student attending a school of a district pursuant to this division shall be allowed to participate in all student activities, including interscholastic athletics, at the school where the student is attending on the same basis as any student who has always attended the schools of that district while of compulsory school age.
(13) All school districts shall comply with the "McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for the education of homeless children. Each city, local, and exempted village school district shall comply with the requirements of that act governing the provision of a free, appropriate public education, including public preschool, to each homeless child.
When a child loses permanent housing and becomes a homeless person, as defined in 42 U.S.C.A. 11481(5), or when a child who is such a homeless person changes temporary living arrangements, the child's parent or guardian shall have the option of enrolling the child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A. 11432(g)(3)(C);
(b) The school that is operated by the school district in which the shelter where the child currently resides is located and that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides with a person other than the child's parent is entitled to attend school in the school district in which that person resides if both of the following apply:
(a) That person has been appointed, through a military power of attorney executed under section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, or through a comparable document necessary to complete a family care plan, as the parent's agent for the care, custody, and control of the child while the parent is on active duty as a member of the national guard or a reserve unit of the armed forces of the United States or because the parent is a member of the armed forces of the United States and is on a duty assignment away from the parent's residence.
(b) The military power of attorney or comparable document includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the parent's agent under the military power of attorney or comparable document resides applies until the end of the school year in which the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may waive tuition for students who will temporarily reside in the district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but not of Ohio who request admission as participants in an exchange program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04, and 3327.06 of the Revised Code, a child may attend school or participate in a special education program in a school district other than in the district where the child is entitled to attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied:
(a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts.
(2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division.
(3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section.
(4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (E) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code.
(J) This division does not apply to a child receiving special education.
A
school district required to pay tuition pursuant to division (C)(2)
or (3) of this section or section 3313.65 of the Revised Code shall
have an amount deducted under division (C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. A school district entitled to receive tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount credited under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. If the tuition rate credited to
the district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education
and
workforce
shall
pay the district of attendance the difference from amounts deducted
from all districts' payments under division (C) of section 3317.023
of the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent
of public instruction director
of education and workforce a
report of the names of each child who attended the district's schools
under divisions (C)(2) and (3) of this section or section 3313.65 of
the Revised Code during the preceding six calendar months, the
duration of the attendance of those children, the school district
responsible for tuition on behalf of the child, and any other
information that the superintendent
director
requires.
Upon
receipt of the report the superintendentdirector,
pursuant to division (C) of section 3317.023 of the Revised Code,
shall deduct each district's tuition obligations under divisions
(C)(2) and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(K)
In the event of a disagreement, the superintendent
of public instruction director
of education and workforce shall
determine the school district in which the parent resides.
(L)
Nothing in this section requires or authorizes, or shall be construed
to require or authorize, the admission to a public school in this
state of a pupil who has been permanently excluded from public school
attendance by the superintendent
of public instruction director
pursuant
to sections 3301.121 and 3313.662 of the Revised Code.
(M) In accordance with division (B)(1) of this section, a child whose parent is a member of the national guard or a reserve unit of the armed forces of the United States and is called to active duty, or a child whose parent is a member of the armed forces of the United States and is ordered to a temporary duty assignment outside of the district, may continue to attend school in the district in which the child's parent lived before being called to active duty or ordered to a temporary duty assignment outside of the district, as long as the child's parent continues to be a resident of that district, and regardless of where the child lives as a result of the parent's active duty status or temporary duty assignment. However, the district is not responsible for providing transportation for the child if the child lives outside of the district as a result of the parent's active duty status or temporary duty assignment.
Sec. 3313.642. (A) Except as provided in division (B) of this section and notwithstanding the provisions of sections 3313.48 and 3313.64 of the Revised Code, the board of education of a city, exempted village, or local school district shall not be required to furnish, free of charge, to the pupils attending the public schools any materials used in a course of instruction with the exception of the necessary textbooks or electronic textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code. The board may, however, make provision by appropriations transferred from the general fund of the district or otherwise for furnishing free of charge any materials used in a course of instruction to such pupils as it determines are in serious financial need of such materials.
(B) No board of education of a school district shall charge a fee to a pupil who is eligible for a free lunch under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, for any materials needed to enable the pupil to participate fully in a course of instruction. The prohibition in this division against charging a fee does not apply to any fee charged for any of the following:
(1) Any materials needed to enable a pupil to participate fully in extracurricular activities or in any pupil enrichment program that is not a course of instruction;
(2) Any tools, equipment, and materials that are necessary for workforce-readiness training within a career-technical education program that, to the extent the tools, equipment, and materials are not consumed, may be retained by the student upon course completion.
(C) Boards of education may adopt rules and regulations prescribing each of the following:
(1) A schedule of fees for materials used in a course of instruction;
(2) A schedule of charges which may be imposed upon pupils for the loss, damage, or destruction of school apparatus, equipment, musical instruments, library material, textbooks, or electronic textbooks required to be furnished without charge, and for damage to school buildings.
Except as provided in division (D) of this section, boards of education may enforce the payment of such fees and charges by withholding the grades and credits of the pupils concerned.
(D) No board of education shall withhold the grades, credits, official transcripts, diploma, IEPs, or 504 plans of a pupil for nonpayment of fees for materials used in a course of instruction imposed under division (C)(1) of this section, if a complaint has been filed at any time in a juvenile court alleging that the pupil is an abused, neglected, or dependent child or if the pupil has been adjudicated an abused, neglected, or dependent child.
A board shall require that the grades, credits, official transcripts, IEPs, or 504 plan of a pupil described in this division be transferred immediately upon the receipt of either another district's or school's request for those records under section 3313.672 of the Revised Code or a juvenile judge's order under section 2151.272 of the Revised Code.
A board that is required to transfer records under division (D) of this section may request a copy of any order regarding the child's custody or placement issued pursuant to a complaint filed under section 2151.27 of the Revised Code. However, a board shall not withhold records required to be transferred under that division pending receipt of a copy of the order.
(E) Each board of education annually shall report to the department of education and workforce the number of pupils for whom the board sends transcripts under division (D) of this section and the total amount of unpaid fees lost due to compliance with that division.
(F) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(2) "504 plan" means a plan based on an evaluation conducted in accordance with section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794, as amended.
Sec. 3313.643. Every student and teacher of a school, college, or other educational institution shall wear industrial quality eye protective devices at all times while participating in or observing any of the following courses:
(A) Vocational, technical, industrial arts, fine arts, chemical, physical, or combined chemical-physical educational activities, involving exposure to:
(1) Hot molten metals or other molten materials;
(2) Milling, sawing, drilling, turning, shaping, cutting, grinding, buffing, or stamping of any solid materials;
(3) Heat treatment, tempering, or kiln firing of any metal or other materials;
(4) Gas or electric arc welding or other forms of welding processes;
(5) Repair or servicing of any vehicle;
(6)
Caustic or explosive materials;.
(B) Chemical, physical, or combined chemical-physical laboratories involving caustic or explosive materials, hot liquids or solids, injurious radiations, or other hazards.
Such devices may be furnished for all students and teachers, purchased and sold at cost to students and teachers, or made available for a moderate rental fee, and shall be furnished for all visitors to such shops and laboratories.
The
superintendent
of public instruction, director
of education and workforce or
any other appropriate educational authority designated by the
superintendentdirector,
shall prepare and circulate to each public and private educational
institution in this state instructions and recommendations for
implementing the eye safety provisions of this section. The bureau of
workers' compensation shall ensure compliance with this section.
"Industrial quality eye protective devices" as used in this section, means devices meeting the standards of the American national standard practice for occupational and educational eye and face protection, Z87.1-1968, approved by the American national standards institute, inc., and subsequent revisions thereof, provided such revisions are approved and adopted by the industrial commission.
Sec. 3313.644. The board of education of any school district may contract with the state department of education and workforce or other state agency or with any agency of the federal government for the education or training of out-of-school youth or adults regardless of their place of residence. The board of education may permit the attendance, under such contract, of such students or trainees who are not residents of the school district only if the contract provides for the reimbursement to the school district of the entire actual cost of educating or training such nonresident students or trainees and regardless of the ratio of nonresident students or trainees to resident students or trainees.
Sec.
3313.645. A
board of education may admit to the schools of its district, free of
any tuition obligation, any resident of the district not otherwise
eligible to be admitted who meets criteria established by the state
board department
of
education
and
workforce.
The state
board department
shall
adopt rules establishing criteria for the admission of persons to
schools under this division. The rules may authorize restrictions or
limitations on the classes or programs in which such persons may
participate.
For participation in vocational education programs the district operates or participates in pursuant to sections 3313.90 and 3313.91 of the Revised Code, a board of education may admit the following individuals to the schools of its district free of any tuition obligation and without regard to age:
(A) Any resident to the district who has successfully completed the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code;
(B) Any person employed by the district in a position for which a license issued by the state board of education under section 3319.22 to 3319.31 of the Revised Code is not required who seeks admission to a class or program related to the person's position and is authorized by the district's superintendent to be admitted to the class or program. The superintendent shall determine whether the class or program is related to the employee's position.
Sec.
3313.646. (A)
The board of education of a school district, except a cooperative
education district established pursuant to section 3311.521 of the
Revised Code, may establish and operate a program to provide services
to preschool-age children, provided the board has demonstrated a need
for the program. A board may use school funds in support of preschool
programs. The board shall maintain, operate, and admit children to
any such program pursuant to rules adopted by such board and the
rules of the state
board department
of
education
and
workforce
adopted
under sections 3301.52 to 3301.57 of the Revised Code.
A board of education may establish fees or tuition, which may be graduated in proportion to family income, for participation in a preschool program. In cases where payment of fees or tuition would create a hardship for the child's parent or guardian, the board may waive any such fees or tuition.
(B) No board of education that is not receiving funds under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on March 17, 1989, shall compete for funds under the "Head Start Act" with any grantee receiving funds under that act.
(C) A board of education may contract with any of the following preschool providers to provide services to preschool-age children, other than those services for which the district is eligible to receive funding under section 3317.0213 of the Revised Code:
(1) Any organization receiving funds under the "Head Start Act";
(2) Any nonsectarian eligible nonpublic school as defined in division (H) of section 3301.52 of the Revised Code;
(3) Any child care provider licensed under Chapter 5104. of the Revised Code.
Boards may contract to provide services to preschool-age children only with such organizations whose staff meet the requirements of rules adopted under section 3301.53 of the Revised Code or those of the child development associate credential established by the national association for the education of young children.
(D) A contract entered into under division (C) of this section may provide for the board of education to lease school facilities to the preschool provider or to furnish transportation, utilities, or staff for the preschool program.
(E) The treasurer of any board of education operating a preschool program pursuant to this section shall keep an account of all funds used to operate the program in the same manner as the treasurer would any other funds of the district pursuant to this chapter.
Sec. 3313.647. As used in this division, "graduate" means a person who has received a diploma from a district pursuant to section 3313.61 of the Revised Code.
Pursuant
to rules adopted by the state
board department
of
education
and
workforce,
a city, local, exempted village, or joint vocational school district
may establish a policy guaranteeing a specific level of competency of
certain graduates of the district. The guarantee policy shall specify
that any graduate meeting specified criteria established by the board
is capable of performing specified functions at a level established
in the policy. Any employer or potential employer of a graduate who
is guaranteed under such a policy may submit a written statement to
the board of education stating the guaranteed graduate of its
district does not meet the level of competency specified in the
district's guarantee policy. Upon receipt of such statement the board
of education shall provide an opportunity for additional education to
the graduate, regardless of the graduate's age or place of residence,
until such individual attains the competency level specified in the
policy. No fee shall be charged to any person or government entity
for such additional education. A school board may expend school funds
for a guarantee program; however, no student participating in the
program shall be included in the formula ADM of the district as
determined under section 3317.03 of the Revised Code or included as a
participant in any other program, if such inclusion would result in
additional state funds to the school district.
The
state
board of education department
shall
adopt rules for the adoption of a policy under this section and for
the additional education program described under this section.
Sec. 3313.6410. This section applies to any school that is operated by a school district and in which the enrolled students work primarily on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method.
(A) Any school to which this section applies shall withdraw from the school any student who, for two consecutive school years of enrollment in the school, has failed to participate in the spring administration of any assessment prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the assessment pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code, regardless of whether a waiver was granted for the student under division (E) of section 3317.03 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education and workforce to be added to the list maintained by the department under section 3314.26 of the Revised Code.
(B) No school to which this section applies shall receive any state funds under Chapter 3317. of the Revised Code for any enrolled student whose data verification code appears on the list maintained by the department under section 3314.26 of the Revised Code. Notwithstanding any provision of the Revised Code to the contrary, the parent of any such student shall pay tuition to the school district that operates the school in an amount equal to the state funds the district otherwise would receive for that student, as determined by the department. A school to which this section applies may withdraw any student for whom the parent does not pay tuition as required by this division.
Sec. 3313.65. (A) As used in this section and section 3313.64 of the Revised Code:
(1) A person is "in a residential facility" if the person is a resident or a resident patient of an institution, home, or other residential facility that is:
(a) Licensed as a nursing home, residential care facility, or home for the aging by the director of health under section 3721.02 of the Revised Code;
(b) Maintained as a county home or district home by the board of county commissioners or a joint board of county commissioners under Chapter 5155. of the Revised Code;
(c) Operated or administered by a board of alcohol, drug addiction, and mental health services under section 340.037 of the Revised Code, or provides residential care pursuant to contracts made under section 340.036 of the Revised Code;
(d) Maintained as a state institution for the mentally ill under Chapter 5119. of the Revised Code;
(e) Licensed by the department of mental health and addiction services under section 5119.33 or 5119.34 of the Revised Code;
(f) Licensed as a residential facility by the department of developmental disabilities under section 5123.19 of the Revised Code;
(g) Operated by the veteran's administration or another agency of the United States government;
(h) Operated by the Ohio veterans' home.
(2) A person is "in a correctional facility" if any of the following apply:
(a) The person is an Ohio resident and is:
(i) Imprisoned, as defined in section 1.05 of the Revised Code;
(ii) Serving a term in a community-based correctional facility or a district community-based correctional facility;
(iii) Required, as a condition of parole, a post-release control sanction, a community control sanction, transitional control, or early release from imprisonment, as a condition of shock parole or shock probation granted under the law in effect prior to July 1, 1996, or as a condition of a furlough granted under the version of section 2967.26 of the Revised Code in effect prior to March 17, 1998, to reside in a halfway house or other community residential center licensed under section 2967.14 of the Revised Code or a similar facility designated by the court of common pleas that established the condition or by the adult parole authority.
(b) The person is imprisoned in a state correctional institution of another state or a federal correctional institution but was an Ohio resident at the time the sentence was imposed for the crime for which the person is imprisoned.
(3) A person is "in a juvenile residential placement" if the person is an Ohio resident who is under twenty-one years of age and has been removed, by the order of a juvenile court, from the place the person resided at the time the person became subject to the court's jurisdiction in the matter that resulted in the person's removal.
(4) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(5) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
(B) If the circumstances described in division (C) of this section apply, the determination of what school district must admit a child to its schools and what district, if any, is liable for tuition shall be made in accordance with this section, rather than section 3313.64 of the Revised Code.
(C) A child who does not reside in the school district in which the child's parent resides and for whom a tuition obligation previously has not been established under division (C)(2) of section 3313.64 of the Revised Code shall be admitted to the schools of the district in which the child resides if at least one of the child's parents is in a residential or correctional facility or a juvenile residential placement and the other parent, if living and not in such a facility or placement, is not known to reside in this state.
(D) Regardless of who has custody or care of the child, whether the child resides in a home, or whether the child receives special education, if a district admits a child under division (C) of this section, tuition shall be paid to that district as follows:
(1) If the child's parent is in a juvenile residential placement, by the district in which the child's parent resided at the time the parent became subject to the jurisdiction of the juvenile court;
(2) If the child's parent is in a correctional facility, by the district in which the child's parent resided at the time the sentence was imposed;
(3) If the child's parent is in a residential facility, by the district in which the parent resided at the time the parent was admitted to the residential facility, except that if the parent was transferred from another residential facility, tuition shall be paid by the district in which the parent resided at the time the parent was admitted to the facility from which the parent first was transferred;
(4)
In the event of a disagreement as to which school district is liable
for tuition under division (C)(1), (2), or (3) of this section, the
superintendent
of public instruction director
of education and workforce shall
determine which district shall pay tuition.
(E) If a child covered by division (D) of this section receives special education in accordance with Chapter 3323. of the Revised Code, the tuition shall be paid in accordance with section 3323.13 or 3323.14 of the Revised Code. Tuition for children who do not receive special education shall be paid in accordance with division (J) of section 3313.64 of the Revised Code.
Sec. 3313.66. (A)(1) Except as provided under division (B)(2) of this section, and subject to section 3313.668 of the Revised Code, the superintendent of schools of a city, exempted village, or local school district, or the principal of a public school may suspend a pupil from school for not more than ten school days. The board of education of a city, exempted village, or local school district may adopt a policy granting assistant principals and other administrators the authority to suspend a pupil from school for a period of time as specified in the policy of the board of education, not to exceed ten school days. If at the time an out-of-school suspension is imposed there are fewer than ten school days remaining in the school year in which the incident that gives rise to the suspension takes place, the superintendent shall not apply any remaining part of the period of the suspension to the following school year. The superintendent may instead require the pupil to participate in a community service program or another alternative consequence for a number of hours equal to the remaining part of the period of the suspension. The pupil shall be required to begin the pupil's community service or alternative consequence during the first full week day of summer break. Each school district, in its discretion, may develop an appropriate list of alternative consequences. In the event that a pupil fails to complete community service or the assigned alternative consequence, the school district may determine the next course of action, which shall not include requiring the pupil to serve the remaining time of the out-of-school suspension at the beginning of the following school year.
No pupil shall be issued an out-of-school suspension unless prior to the suspension the superintendent or principal does both of the following:
(a) Gives the pupil written notice of the intention to suspend the pupil and the reasons for the intended suspension and, if the proposed suspension is based on a violation listed in division (A) of section 3313.662 of the Revised Code and if the pupil is sixteen years of age or older, includes in the notice a statement that the superintendent may seek to permanently exclude the pupil if the pupil is convicted of or adjudicated a delinquent child for that violation;
(b) Provides the pupil an opportunity to appear at an informal hearing before the principal, assistant principal, superintendent, or superintendent's designee and challenge the reason for the intended suspension or otherwise to explain the pupil's actions.
(2) If a pupil is issued an in-school suspension, the superintendent or principal shall ensure the pupil is serving the suspension in a supervised learning environment.
(3) Each school district board shall adopt a policy establishing parameters for completing and grading assignments missed because of a pupil's suspension.
(a) The policy shall provide the pupil an opportunity to do both of the following:
(i) Complete any classroom assignments missed because of the suspension;
(ii) Receive at least partial credit for a completed assignment.
(b) The policy may permit grade reductions on account of the pupil's suspension.
(c) The policy shall prohibit the receipt of a failing grade on a completed assignment solely on account of the pupil's suspension.
(B)(1) Except as provided under division (B)(2), (3), or (4) of this section, and subject to section 3313.668 of the Revised Code, the superintendent of schools of a city, exempted village, or local school district may expel a pupil from school for a period not to exceed the greater of eighty school days or the number of school days remaining in the semester or term in which the incident that gives rise to the expulsion takes place, unless the expulsion is extended pursuant to division (F) of this section. If at the time an expulsion is imposed there are fewer than eighty school days remaining in the school year in which the incident that gives rise to the expulsion takes place, the superintendent may apply any remaining part or all of the period of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to section 3313.662 of the Revised Code, the superintendent of schools of a city, exempted village, or local school district shall expel a pupil from school for a period of one year for bringing a firearm to a school operated by the board of education of the district or onto any other property owned or controlled by the board, except that the superintendent may reduce this requirement on a case-by-case basis in accordance with the policy adopted by the board under section 3313.661 of the Revised Code.
(b) The superintendent of schools of a city, exempted village, or local school district may expel a pupil from school for a period of one year for bringing a firearm to an interscholastic competition, an extracurricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the district. The superintendent may reduce this disciplinary action on a case-by-case basis in accordance with the policy adopted by the board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of this section shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place. As used in this division, "firearm" has the same meaning as provided pursuant to the "Gun-Free Schools Act," 115 Stat. 1762, 20 U.S.C. 7151.
(3) The board of education of a city, exempted village, or local school district may adopt a resolution authorizing the superintendent of schools to expel a pupil from school for a period not to exceed one year for bringing a knife capable of causing serious bodily injury to a school operated by the board, onto any other property owned or controlled by the board, or to an interscholastic competition, an extracurricular event, or any other program or activity sponsored by the school district or in which the district is a participant, or for possessing a firearm or knife capable of serious bodily injury, at a school, on any other property owned or controlled by the board, or at an interscholastic competition, an extracurricular event, or any other school program or activity, which firearm or knife was initially brought onto school board property by another person. The resolution may authorize the superintendent to extend such an expulsion, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
(4) The board of education of a city, exempted village, or local school district may adopt a resolution establishing a policy under section 3313.661 of the Revised Code that authorizes the superintendent of schools to expel a pupil from school for a period not to exceed one year for committing an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons as defined in division (A)(5) of section 2901.01 of the Revised Code or serious physical harm to property as defined in division (A)(6) of section 2901.01 of the Revised Code while the pupil is at school, on any other property owned or controlled by the board, or at an interscholastic competition, an extracurricular event, or any other school program or activity. Any expulsion under this division shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
(5) The board of education of any city, exempted village, or local school district may adopt a resolution establishing a policy under section 3313.661 of the Revised Code that authorizes the superintendent of schools to expel a pupil from school for a period not to exceed one year for making a bomb threat to a school building or to any premises at which a school activity is occurring at the time of the threat. Any expulsion under this division shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
(6) No pupil shall be expelled under division (B)(1), (2), (3), (4), or (5) of this section unless, prior to the pupil's expulsion, the superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or custodian written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian, custodian, or representative an opportunity to appear in person before the superintendent or the superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the pupil's actions.
The notice required in this division shall include the reasons for the intended expulsion, notification of the opportunity of the pupil and the pupil's parent, guardian, custodian, or representative to appear before the superintendent or the superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the pupil's action, and notification of the time and place to appear. The time to appear shall not be earlier than three nor later than five school days after the notice is given, unless the superintendent grants an extension of time at the request of the pupil or the pupil's parent, guardian, custodian, or representative. If an extension is granted after giving the original notice, the superintendent shall notify the pupil and the pupil's parent, guardian, custodian, or representative of the new time and place to appear. If the proposed expulsion is based on a violation listed in division (A) of section 3313.662 of the Revised Code and if the pupil is sixteen years of age or older, the notice shall include a statement that the superintendent may seek to permanently exclude the pupil if the pupil is convicted of or adjudicated a delinquent child for that violation.
(7) A superintendent of schools of a city, exempted village, or local school district shall initiate expulsion proceedings pursuant to this section with respect to any pupil who has committed an act warranting expulsion under the district's policy regarding expulsion even if the pupil has withdrawn from school for any reason after the incident that gives rise to the hearing but prior to the hearing or decision to impose the expulsion. If, following the hearing, the pupil would have been expelled for a period of time had the pupil still been enrolled in the school, the expulsion shall be imposed for the same length of time as on a pupil who has not withdrawn from the school.
(C)(1) Subject to division (C)(2) of this section, if a pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, the superintendent or a principal or assistant principal may remove a pupil from curricular activities or from the school premises, and a teacher may remove a pupil from curricular activities under the teacher's supervision, without the notice and hearing requirements of division (A) or (B) of this section. As soon as practicable after making such a removal, the teacher shall submit in writing to the principal the reasons for such removal.
(2) A pupil in any of grades pre-kindergarten through three may be removed pursuant to division (C)(1) of this section only for the remainder of the school day and shall be permitted to return to curricular and extracurricular activities on the school day following the day in which the student was removed.
(a) A school district or school that returns a student in any of grades pre-kindergarten through three to curricular and extracurricular activities on the next school day shall not be required to follow division (C)(3) of this section with regard to that student.
(b) A school district shall not initiate a suspension or expulsion proceeding against a student in any of grades pre-kindergarten through three who was removed from a curricular or extracurricular activity under division (C) of this section unless the student has committed an act described in division (B)(1)(a) or (b) of section 3313.668 of the Revised Code.
(3) If a pupil is removed under division (C)(1) or (2) of this section from a curricular activity or from the school premises, written notice of the hearing and of the reason for the removal shall be given to the pupil as soon as practicable prior to the hearing, which shall be held on the next school day after the initial removal is ordered. The hearing shall be held in accordance with division (A) of this section unless it is probable that the pupil may be subject to expulsion, in which case a hearing in accordance with division (B) of this section shall be held, except that the hearing shall be held on the next school day after the date of the initial removal. The individual who ordered, caused, or requested the removal to be made shall be present at the hearing.
(4) If the superintendent or the principal reinstates a pupil in a curricular activity under the teacher's supervision prior to the hearing following a removal under this division, the teacher, upon request, shall be given in writing the reasons for such reinstatement.
(D) The superintendent or principal, within one school day after the time of a pupil's expulsion or suspension, shall notify in writing the parent, guardian, or custodian of the pupil of the expulsion or suspension. In the case of an expulsion, the superintendent or principal, within one school day after the time of a pupil's expulsion, also shall notify in writing the treasurer of the board of education. Each notice shall include the reasons for the expulsion or suspension, notification of the right of the pupil or the pupil's parent, guardian, or custodian to appeal the expulsion or suspension to the board of education or to its designee, to be represented in all appeal proceedings, to be granted a hearing before the board or its designee in order to be heard against the suspension or expulsion, and to request that the hearing be held in executive session, notification that the expulsion may be subject to extension pursuant to division (F) of this section if the pupil is sixteen years of age or older, and notification that the superintendent may seek the pupil's permanent exclusion if the suspension or expulsion was based on a violation listed in division (A) of section 3313.662 of the Revised Code that was committed when the child was sixteen years of age or older and if the pupil is convicted of or adjudicated a delinquent child for that violation.
In accordance with the policy adopted by the board of education under section 3313.661 of the Revised Code, the notice provided under this division shall specify the manner and date by which the pupil or the pupil's parent, guardian, or custodian shall notify the board of the pupil's, parent's, guardian's, or custodian's intent to appeal the expulsion or suspension to the board or its designee.
Any superintendent expelling a pupil under this section for more than twenty school days or for any period of time if the expulsion will extend into the following semester or school year shall, in the notice required under this division, provide the pupil and the pupil's parent, guardian, or custodian with information about services or programs offered by public and private agencies that work toward improving those aspects of the pupil's attitudes and behavior that contributed to the incident that gave rise to the pupil's expulsion. The information shall include the names, addresses, and phone numbers of the appropriate public and private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian may appeal the pupil's expulsion by a superintendent or suspension by a superintendent, principal, assistant principal, or other administrator to the board of education or to its designee. If the pupil or the pupil's parent, guardian, or custodian intends to appeal the expulsion or suspension to the board or its designee, the pupil or the pupil's parent, guardian, or custodian shall notify the board in the manner and by the date specified in the notice provided under division (D) of this section. The pupil or the pupil's parent, guardian, or custodian may be represented in all appeal proceedings and shall be granted a hearing before the board or its designee in order to be heard against the suspension or expulsion. At the request of the pupil or of the pupil's parent, guardian, custodian, or attorney, the board or its designee may hold the hearing in executive session but shall act upon the suspension or expulsion only at a public meeting. The board, by a majority vote of its full membership or by the action of its designee, may affirm the order of suspension or expulsion, reinstate the pupil, or otherwise reverse, vacate, or modify the order of suspension or expulsion.
The board or its designee shall make a verbatim record of hearings held under this division. The decisions of the board or its designee may be appealed under Chapter 2506. of the Revised Code.
This section shall not be construed to require notice and hearing in accordance with division (A), (B), or (C) of this section in the case of normal disciplinary procedures in which a pupil is removed from a curricular activity for a period of less than one school day and is not subject to suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of this section for committing any violation listed in division (A) of section 3313.662 of the Revised Code and the pupil was sixteen years of age or older at the time of committing the violation, if a complaint, indictment, or information is filed alleging that the pupil is a delinquent child based upon the commission of the violation or the pupil is prosecuted as an adult for the commission of the violation, and if the resultant juvenile court or criminal proceeding is pending at the time that the expulsion terminates, the superintendent of schools that expelled the pupil may file a motion with the court in which the proceeding is pending requesting an order extending the expulsion for the lesser of an additional eighty days or the number of school days remaining in the school year. Upon the filing of the motion, the court immediately shall schedule a hearing and give written notice of the time, date, and location of the hearing to the superintendent and to the pupil and the pupil's parent, guardian, or custodian. At the hearing, the court shall determine whether there is reasonable cause to believe that the pupil committed the alleged violation that is the basis of the expulsion and, upon determining that reasonable cause to believe the pupil committed the violation does exist, shall grant the requested extension.
(2)
If a pupil has been convicted of or adjudicated a delinquent child
for a violation listed in division (A) of section 3313.662 of the
Revised Code for an act that was committed when the child was sixteen
years of age or older, if the pupil has been expelled pursuant to
division (B) of this section for that violation, and if the board of
education of the school district of the school from which the pupil
was expelled has adopted a resolution seeking the pupil's permanent
exclusion, the superintendent may file a motion with the court that
convicted the pupil or adjudicated the pupil a delinquent child
requesting an order to extend the expulsion until an adjudication
order or other determination regarding permanent exclusion is issued
by the superintendent
of public instruction director
of education and workforce pursuant
to section 3301.121 and division (D) of section 3313.662 of the
Revised Code. Upon the filing of the motion, the court immediately
shall schedule a hearing and give written notice of the time, date,
and location of the hearing to the superintendent of the school
district, the pupil, and the pupil's parent, guardian, or custodian.
At the hearing, the court shall determine whether there is reasonable
cause to believe the pupil's continued attendance in the public
school system may endanger the health and safety of other pupils or
school employees and, upon making that determination, shall grant the
requested extension.
(G) The failure of the superintendent or the board of education to provide the information regarding the possibility of permanent exclusion in the notice required by divisions (A), (B), and (D) of this section is not jurisdictional, and the failure shall not affect the validity of any suspension or expulsion procedure that is conducted in accordance with this section or the validity of a permanent exclusion procedure that is conducted in accordance with sections 3301.121 and 3313.662 of the Revised Code.
(H) With regard to suspensions and expulsions pursuant to divisions (A) and (B) of this section by the board of education of any city, exempted village, or local school district, this section shall apply to any student, whether or not the student is enrolled in the district, attending or otherwise participating in any curricular program provided in a school operated by the board or provided on any other property owned or controlled by the board.
(I) Whenever a student is expelled under this section, the expulsion shall result in removal of the student from the student's regular school setting. However, during the period of the expulsion, the board of education of the school district that expelled the student or any board of education admitting the student during that expulsion period may provide educational services to the student in an alternative setting.
(J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and 3313.65 of the Revised Code, any school district, after offering an opportunity for a hearing, may temporarily deny admittance to any pupil if one of the following applies:
(a) The pupil has been suspended from the schools of another district under division (A) of this section and the period of suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another district under division (B) of this section and the period of the expulsion, as established under that division or as extended under division (F) of this section, has not expired.
If a pupil is temporarily denied admission under this division, the pupil shall be admitted to school in accordance with sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised Code no later than upon expiration of the suspension or expulsion period, as applicable.
(2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and 3313.65 of the Revised Code, any school district, after offering an opportunity for a hearing, may temporarily deny admittance to any pupil if the pupil has been expelled or otherwise removed for disciplinary purposes from a public school in another state and the period of expulsion or removal has not expired. If a pupil is temporarily denied admission under this division, the pupil shall be admitted to school in accordance with sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised Code no later than the earlier of the following:
(a) Upon expiration of the expulsion or removal period imposed by the out-of-state school;
(b) Upon expiration of a period established by the district, beginning with the date of expulsion or removal from the out-of-state school, that is no greater than the period of expulsion that the pupil would have received under the policy adopted by the district under section 3313.661 of the Revised Code had the offense that gave rise to the expulsion or removal by the out-of-state school been committed while the pupil was enrolled in the district.
(K) As used in this section:
(1) "Permanently exclude" and "permanent exclusion" have the same meanings as in section 3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of the suspension in a supervised learning environment within a school setting.
Sec.
3313.662. (A)
The superintendent
of public instructiondirector
of education and workforce,
pursuant to this section and the adjudication procedures of section
3301.121 of the Revised Code, may issue an adjudication order that
permanently excludes a pupil from attending any of the public schools
of this state if the pupil is convicted of, or adjudicated a
delinquent child for, committing, when the pupil was sixteen years of
age or older, an act that would be a criminal offense if committed by
an adult and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code;
(2) A violation of section 2923.12 of the Revised Code, of a substantially similar municipal ordinance, or of section 2925.03 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district;
(3) A violation of section 2925.11 of the Revised Code, other than a violation of that section that would be a minor drug possession offense, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of a city, local, exempted village, or joint vocational school district;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 or of former section 2907.12 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district, if the victim at the time of the commission of the act was an employee of that board of education;
(5) Complicity in any violation described in division (A)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (A)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, a board of education of a city, local, exempted village, or joint vocational school district.
(B) A pupil may be suspended or expelled in accordance with section 3313.66 of the Revised Code prior to being permanently excluded from public school attendance under this section and section 3301.121 of the Revised Code.
(C)(1) If the superintendent of a city, local, exempted village, or joint vocational school district in which a pupil attends school obtains or receives proof that the pupil has been convicted of committing when the pupil was sixteen years of age or older a violation listed in division (A) of this section or adjudicated a delinquent child for the commission when the pupil was sixteen years of age or older of a violation listed in division (A) of this section, the superintendent may issue to the board of education of the school district a request that the pupil be permanently excluded from public school attendance, if both of the following apply:
(a)
After obtaining or receiving proof of the conviction or adjudication,
the superintendent or the superintendent's designee determines that
the pupil's continued attendance in school may endanger the health
and safety of other pupils or school employees and gives the pupil
and the pupil's parent, guardian, or custodian written notice that
the superintendent intends to recommend to the board of education
that the board adopt a resolution requesting the superintendent
of public instruction director
of education and workforce to
permanently exclude the pupil from public school attendance.
(b) The superintendent or the superintendent's designee forwards to the board of education the superintendent's written recommendation that includes the determinations the superintendent or designee made pursuant to division (C)(1)(a) of this section and a copy of the proof the superintendent received showing that the pupil has been convicted of or adjudicated a delinquent child for a violation listed in division (A) of this section that was committed when the pupil was sixteen years of age or older.
(2)
Within fourteen days after receipt of a recommendation from the
superintendent pursuant to division (C)(1)(b) of this section that a
pupil be permanently excluded from public school attendance, the
board of education of a city, local, exempted village, or joint
vocational school district, after review and consideration of all of
the following available information, may adopt a resolution
requesting the superintendent
of public instruction director
of education and workforce to
permanently exclude the pupil who is the subject of the
recommendation from public school attendance:
(a) The academic record of the pupil and a record of any extracurricular activities in which the pupil previously was involved;
(b) The disciplinary record of the pupil and any available records of the pupil's prior behavioral problems other than the behavioral problems contained in the disciplinary record;
(c) The social history of the pupil;
(d) The pupil's response to the imposition of prior discipline and sanctions imposed for behavioral problems;
(e) Evidence regarding the seriousness of and any aggravating factors related to the offense that is the basis of the resolution seeking permanent exclusion;
(f) Any mitigating circumstances surrounding the offense that gave rise to the request for permanent exclusion;
(g) Evidence regarding the probable danger posed to the health and safety of other pupils or of school employees by the continued presence of the pupil in a public school setting;
(h) Evidence regarding the probable disruption of the teaching of any school district's graded course of study by the continued presence of the pupil in a public school setting;
(i) Evidence regarding the availability of alternative sanctions of a less serious nature than permanent exclusion that would enable the pupil to remain in a public school setting without posing a significant danger to the health and safety of other pupils or of school employees and without posing a threat of the disruption of the teaching of any district's graded course of study.
(3)
If the board does not adopt a resolution requesting the
superintendent
of public instruction director
to
permanently exclude the pupil, it immediately shall send written
notice of that fact to the district
superintendent
who sought the resolution, to the pupil who was the subject of the
proposed resolution, and to that pupil's parent, guardian, or
custodian.
(D)(1)
Upon adoption of a resolution under division (C) of this section, the
board of education immediately shall forward to the superintendent
of public instruction director
of education and workforce the
written resolution, proof of the conviction or adjudication that is
the basis of the resolution, a copy of the pupil's entire school
record, and any other relevant information and shall forward a copy
of the resolution to the pupil who is the subject of the
recommendation and to that pupil's parent, guardian, or custodian.
(2)
The board of education that adopted and forwarded the resolution
requesting the permanent exclusion of the pupil to the superintendent
of public instruction director
promptly
shall designate a representative of the school district to present
the case for permanent exclusion to the superintendent or the referee
appointed by the superintendent. The representative of the school
district may be an attorney admitted to the practice of law in this
state. At the adjudication hearing held pursuant to section 3301.121
of the Revised Code, the representative of the school district shall
present evidence in support of the requested permanent exclusion.
(3)
Upon receipt of a board of education's resolution requesting the
permanent exclusion of a pupil from public school attendance, the
superintendent
of public instructiondirector,
in accordance with the adjudication procedures of section 3301.121 of
the Revised Code, promptly shall issue an adjudication order that
either permanently excludes the pupil from attending any of the
public schools of this state or that rejects the resolution of the
board of education.
(E)
Notwithstanding any provision of section 3313.64 of the Revised Code
or an order of any court of this state that otherwise requires the
admission of the pupil to a school, no school official in a city,
local, exempted village, or joint vocational school district
knowingly shall admit to any school in the school district a pupil
who has been permanently excluded from public school attendance by
the superintendent
of public instructiondirector
of education and workforce.
(F)(1)(a) Upon determining that the school attendance of a pupil who has been permanently excluded from public school attendance no longer will endanger the health and safety of other students or school employees, the superintendent of any city, local, exempted village, or joint vocational school district in which the pupil desires to attend school may issue to the board of education of the school district a recommendation, including the reasons for the recommendation, that the permanent exclusion of a pupil be revoked and the pupil be allowed to return to the public schools of the state.
If any violation which in whole or in part gave rise to the permanent exclusion of any pupil involved the pupil's bringing a firearm to a school operated by the board of education of a school district or onto any other property owned or operated by such a board, no superintendent shall recommend under this division an effective date for the revocation of the pupil's permanent exclusion that is less than one year after the date on which the last such firearm incident occurred. However, on a case-by-case basis, a superintendent may recommend an earlier effective date for such a revocation for any of the reasons for which the superintendent may reduce the one-year expulsion requirement in division (B)(2) of section 3313.66 of the Revised Code.
(b)
Upon receipt of the recommendation of the superintendent that a
permanent exclusion of a pupil be revoked, the board of education of
a city, local, exempted village, or joint vocational school district
may adopt a resolution by a majority vote of its members requesting
the superintendent
of public instruction director
of education and workforce to
revoke the permanent exclusion of the pupil. Upon adoption of the
resolution, the board of education shall forward a copy of the
resolution, the reasons for the resolution, and any other relevant
information to the superintendent
of public instructiondirector.
(c)
Upon receipt of a resolution of a board of education requesting the
revocation of a permanent exclusion of a pupil, the superintendent
of public instructiondirector,
in accordance with the adjudication procedures of Chapter 119. of the
Revised Code, shall issue an adjudication order that revokes the
permanent exclusion of the pupil from public school attendance or
that rejects the resolution of the board of education.
(2)(a) A pupil who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code may request the superintendent of any city, local, exempted village, or joint vocational school district in which the pupil desires to attend school to admit the pupil on a probationary basis for a period not to exceed ninety school days. Upon receiving the request, the superintendent may enter into discussions with the pupil and with the pupil's parent, guardian, or custodian or a person designated by the pupil's parent, guardian, or custodian to develop a probationary admission plan designed to assist the pupil's probationary admission to the school. The plan may include a treatment program, a behavioral modification program, or any other program reasonably designed to meet the educational needs of the child and the disciplinary requirements of the school.
If any violation which in whole or in part gave rise to the permanent exclusion of the pupil involved the pupil's bringing a firearm to a school operated by the board of education of any school district or onto any other property owned or operated by such a board, no plan developed under this division for the pupil shall include an effective date for the probationary admission of the pupil that is less than one year after the date on which the last such firearm incident occurred except that on a case-by-case basis, a plan may include an earlier effective date for such an admission for any of the reasons for which the superintendent of the district may reduce the one-year expulsion requirement in division (B)(2) of section 3313.66 of the Revised Code.
(b) If the superintendent of a school district, a pupil, and the pupil's parent, guardian, or custodian or a person designated by the pupil's parent, guardian, or custodian agree upon a probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the superintendent of the school district shall issue to the board of education of the school district a recommendation that the pupil be allowed to attend school within the school district under probationary admission, the reasons for the recommendation, and a copy of the agreed upon probationary admission plan. Within fourteen days after the board of education receives the recommendation, reasons, and plan, the board may adopt the recommendation by a majority vote of its members. If the board adopts the recommendation, the pupil may attend school under probationary admission within that school district for a period not to exceed ninety days or any additional probationary period permitted under divisions (F)(2)(d) and (e) of this section in accordance with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section.
(c) If a pupil who is permitted to attend school under probationary admission pursuant to division (F)(2)(b) of this section fails to comply with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the superintendent of the school district immediately may remove the pupil from the school and issue to the board of education of the school district a recommendation that the probationary admission be revoked. Within five days after the board of education receives the recommendation, the board may adopt the recommendation to revoke the pupil's probationary admission by a majority vote of its members. If a majority of the board does not adopt the recommendation to revoke the pupil's probationary admission, the pupil shall continue to attend school in compliance with the pupil's probationary admission plan.
(d) If a pupil who is permitted to attend school under probationary admission pursuant to division (F)(2)(b) of this section complies with the probationary admission plan prepared pursuant to division (F)(2)(a) of this section, the pupil or the pupil's parent, guardian, or custodian, at any time before the expiration of the ninety-day probationary admission period, may request the superintendent of the school district to extend the terms and period of the pupil's probationary admission for a period not to exceed ninety days or to issue a recommendation pursuant to division (F)(1) of this section that the pupil's permanent exclusion be revoked and the pupil be allowed to return to the public schools of this state.
(e) If a pupil is granted an extension of the pupil's probationary admission pursuant to division (F)(2)(d) of this section, the pupil or the pupil's parent, guardian, or custodian, in the manner described in that division, may request, and the superintendent and board, in the manner described in that division, may recommend and grant, subsequent probationary admission periods not to exceed ninety days each. If a pupil who is permitted to attend school under an extension of a probationary admission plan complies with the probationary admission plan prepared pursuant to the extension, the pupil or the pupil's parent, guardian, or custodian may request a revocation of the pupil's permanent exclusion in the manner described in division (F)(2)(d) of this section.
(f) Any extension of a probationary admission requested by a pupil or a pupil's parent, guardian, or custodian pursuant to divisions (F)(2)(d) or (e) of this section shall be subject to the adoption and approval of a probationary admission plan in the manner described in divisions (F)(2)(a) and (b) of this section and may be terminated as provided in division (F)(2)(c) of this section.
(g) If the pupil has complied with any probationary admission plan and the superintendent issues a recommendation that seeks revocation of the pupil's permanent exclusion pursuant to division (F)(1) of this section, the pupil's compliance with any probationary admission plan may be considered along with other relevant factors in any determination or adjudication conducted pursuant to division (F)(1) of this section.
(G)(1) Except as provided in division (G)(2) of this section, any information regarding the permanent exclusion of a pupil shall be included in the pupil's official records and shall be included in any records sent to any school district that requests the pupil's records.
(2) When a pupil who has been permanently excluded from public school attendance reaches the age of twenty-two or when the permanent exclusion of a pupil has been revoked, all school districts that maintain records regarding the pupil's permanent exclusion shall remove all references to the exclusion from the pupil's file and shall destroy them.
A pupil who has reached the age of twenty-two or whose permanent exclusion has been revoked may send a written notice to the superintendent of any school district maintaining records of the pupil's permanent exclusion requesting the superintendent to ensure that the records are removed from the pupil's file and destroyed. Upon receipt of the request and a determination that the pupil is twenty-two years of age or older or that the pupil's permanent exclusion has been revoked, the superintendent shall ensure that the records are removed from the pupil's file and destroyed.
(H)(1) This section does not apply to any of the following:
(a)
An institution that is a residential facility, that receives and
cares for children, that is maintained by the department of youth
services, and that operates a school chartered by the state
board director
of
education
and
workforce
under
section 3301.16 of the Revised Code;
(b)
Any on-premises school operated by an out-of-home care entity, other
than a school district, that is chartered by the state
board director
of
education
and
workforce
under
section 3301.16 of the Revised Code;
(c) Any school operated in connection with an out-of-home care entity or a nonresidential youth treatment program that enters into a contract or agreement with a school district for the provision of educational services in a setting other than a setting that is a building or structure owned or controlled by the board of education of the school district during normal school hours.
(2) This section does not prohibit any person who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code from seeking a certificate of high school equivalence. A person who has been permanently excluded may be permitted to participate in a course of study in preparation for a high school equivalency test approved by the department of education and workforce pursuant to division (B) of section 3301.80 of the Revised Code, except that the person shall not participate during normal school hours in that course of study in any building or structure owned or controlled by the board of education of a school district.
(3) This section does not relieve any school district from any requirement under section 2151.362 or 3313.64 of the Revised Code to pay for the cost of educating any child who has been permanently excluded pursuant to this section and section 3301.121 of the Revised Code.
(I) As used in this section:
(1) "Permanently exclude" means to forever prohibit an individual from attending any public school in this state that is operated by a city, local, exempted village, or joint vocational school district.
(2) "Permanent exclusion" means the prohibition of a pupil forever from attending any public school in this state that is operated by a city, local, exempted village, or joint vocational school district.
(3) "Out-of-home care" has the same meaning as in section 2151.011 of the Revised Code.
(4) "Certificate of high school equivalence" has the same meaning as in section 4109.06 of the Revised Code.
(5) "Nonresidential youth treatment program" means a program designed to provide services to persons under the age of eighteen in a setting that does not regularly provide long-term overnight care, including settlement houses, diversion and prevention programs, run-away centers, and alternative education programs.
(6) "Firearm" has the same meaning as provided pursuant to the "Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C. 8001(a)(2).
(7) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
Sec.
3313.671. (A)(1)
Except as otherwise provided in division (B) of this section, no
pupil, at the time of initial entry or at the beginning of each
school year, to an elementary or high school for which the state
board director
of
education
and
workforce
prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code, shall be permitted to remain in school for more than
fourteen days unless the pupil presents written evidence satisfactory
to the person in charge of admission, that the pupil has been
immunized by a method of immunization approved by the department of
health pursuant to section 3701.13 of the Revised Code against mumps,
poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella
or is in the process of being immunized.
(2)
Except as provided in division (B) of this section, no pupil who
begins kindergarten at an elementary school subject to the state
board of education's director's
minimum
standards shall be permitted to remain in school for more than
fourteen days unless the pupil presents written evidence satisfactory
to the person in charge of admission that the pupil has been
immunized by a department of health-approved method of immunization
or is in the process of being immunized against both of the
following:
(a) During or after the school year beginning in 1999, hepatitis B;
(b) During or after the school year beginning in 2006, chicken pox.
(3)
Except as provided in division (B) of this section, during and after
the school year beginning in 2016, no pupil who is the age or older
than the age at which immunization against meningococcal disease is
recommended by the state department of health shall be permitted to
remain in a school subject to the state
board of education's director's
minimum
standards for more than fourteen days unless the pupil presents
written evidence satisfactory to the person in charge of admission
that the pupil has been immunized by a department of health-approved
method of immunization, or is in the process of being immunized,
against meningococcal disease.
(4) As used in divisions (A)(1), (2), and (3) of this section, "in the process of being immunized" means the pupil has been immunized against mumps, rubeola, rubella, and chicken pox, and if the pupil has not been immunized against poliomyelitis, diphtheria, pertussis, tetanus, hepatitis B, and meningococcal disease, the pupil has received at least the first dose of the immunization sequence, and presents written evidence to the pupil's building principal or chief administrative officer of each subsequent dose required to obtain immunization at the intervals prescribed by the director of health. Any student previously admitted under the "in process of being immunized" provision and who has not complied with the immunization intervals prescribed by the director of health shall be excluded from school on the fifteenth day of the following school year. Any student so excluded shall be readmitted upon showing evidence to the student's building principal or chief administrative officer of progress on the director of health's interval schedule.
(B)(1) A pupil who has had natural rubeola, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against rubeola.
(2) A pupil who has had natural mumps, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against mumps.
(3) A pupil who has had natural chicken pox, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against chicken pox.
(4) A pupil who presents a written statement of the pupil's parent or guardian in which the parent or guardian declines to have the pupil immunized for reasons of conscience, including religious convictions, is not required to be immunized.
(5) A child whose physician certifies in writing that such immunization against any disease is medically contraindicated is not required to be immunized against that disease.
(C) As used in this division, "chicken pox epidemic" means the occurrence of cases of chicken pox in numbers greater than expected in the school's population or for a particular period of time.
Notwithstanding division (B) of this section, a school may deny admission to a pupil otherwise exempted from the chicken pox immunization requirement if the director of the state department of health notifies the school's principal or chief administrative officer that a chicken pox epidemic exists in the school's population. The denial of admission shall cease when the director notifies the principal or officer that the epidemic no longer exists.
The board of education or governing body of each school subject to this section shall adopt a policy that prescribes methods whereby the academic standing of a pupil who is denied admission during a chicken pox epidemic may be preserved.
(D) Boards of health, legislative authorities of municipal corporations, and boards of township trustees on application of the board of education of the district or proper authority of any school affected by this section, shall provide at the public expense, without delay, the means of immunization against mumps, poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B to pupils who are not so provided by their parents or guardians.
(E) The department of health shall specify the age at which immunization against meningococcal disease, as required by division (A)(3) of this section, is recommended, and approve a method of immunization against meningococcal disease.
Sec. 3313.674. (A) Except as provided in division (D) of this section, the board of education of each city, exempted village, or local school district and the governing authority of each chartered nonpublic school may require each student enrolled in kindergarten, third grade, fifth grade, and ninth grade to undergo a screening for body mass index and weight status category.
(B) The board or governing authority may provide any screenings authorized by this section itself, contract with another entity for provision of the screenings, or request the parent or guardian of each student subject to the screening to obtain the screening from a provider selected by the parent or guardian and to submit the results to the board or governing authority. If the board or governing authority provides the screenings itself or contracts with another entity for provision of the screenings, the board or governing authority shall protect student privacy by ensuring that each student is screened alone and not in the presence of other students or staff.
(C) Each school year, each board or governing authority electing to require the screening shall provide the parent or guardian of each student subject to the screening with information about the screening program. If the board or governing authority requests parents and guardians to obtain a screening from a provider of their choosing, the board or governing authority shall provide them with a list of providers and information about screening services available in the community to parents and guardians who cannot afford a private provider.
(D) If the parent or guardian of a student subject to the screening signs and submits to the board or governing authority a written statement indicating that the parent or guardian does not wish to have the student undergo the screening, the board or governing authority shall not require the student to be screened.
(E) The board or governing authority shall notify the parent or guardian of each student screened under this section of any health risks associated with the student's results and shall provide the parent or guardian with information about appropriately addressing the risks. For this purpose, the department of health, in consultation with the department of education and workforce, shall develop a list of documents, pamphlets, or other resources that may be distributed to parents and guardians under this division.
(F) The board or governing authority shall maintain the confidentiality of each student's individual screening results at all times. No board or governing authority shall report a student's individual screening results to any person other than the student's parent or guardian.
(G) In a manner prescribed by rule of the director of health, each board or governing authority electing to require the screening shall report aggregated body mass index and weight status category data collected under this section, and any other demographic data required by the director, to the department of health. In the case of a school district, data shall be aggregated for the district as a whole and not for individual schools within the district, unless the district operates only one school. In the case of a chartered nonpublic school, data shall be aggregated for the school as a whole. The department annually may publish the data reported under this division, aggregated by county. For each county in which a district, community school, STEM school, or chartered nonpublic school has elected not to require the screening for a school year for which data is published, the department shall note that the data for the county in which the district or school is located is incomplete. The department may share data reported under this division with other governmental entities for the purpose of monitoring population health, making reports, or public health promotional activities.
Sec. 3313.71. School physicians may make examinations, which shall include tests to determine the existence of hearing defects, and diagnoses of all children referred to them. They may make such examination of teachers and other school employees and inspection of school buildings as in their opinion the protection of health of the pupils, teachers, and other school employees requires.
Boards of education shall require and provide, in accordance with section 3313.67 of the Revised Code, such tests and examinations for tuberculosis of pupils in selected grades and of school employees as may be required by the director of health.
Boards may require annual tuberculin tests of any grades. All pupils with positive reactions to the test shall have chest x-rays and all positive reactions and x-ray findings shall be reported promptly to the county record bureau of tuberculosis cases provided for in section 339.74 of the Revised Code. Boards shall waive the required test where a pupil presents a written statement from the pupil's family physician certifying that such test has been given and that such pupil is free from tuberculosis in a communicable stage, or that such test is inadvisable for medical reasons, or from the pupil's parent or guardian objecting to such test because of religious convictions.
Whenever
a pupil, teacher, or other school employee is found to be ill or
suffering from tuberculosis in a communicable stage or other
communicable disease, the school physician shall promptly send such
pupil, teacher, or other school employee home, with a statement, in
the case of a pupil, to the pupil's parents or guardian, briefly
setting forth the discovered facts, and advising that the family
physician be consulted. School physicians shall keep accurate
card-index records of all examinations, and said records, that they
may be uniform throughout the state, shall be according to the form
prescribed by the state
board department
of
education
and
workforce,
and the reports shall be made according to the method of said
that
form.
If the parent or guardian of any pupil or any teacher or other school
employee, after notice from the board of education, furnishes within
two weeks thereafter the written certificate of any reputable
physician that the pupil, teacher, or other school employee has been
examined, in such cases the service of the school physician shall be
dispensed with, and such certificate shall be furnished by such
parent or guardian, as required by the board of education. Such
individual records shall not be open to the public and shall be
solely for the use of the boards of education and boards of health
officer. If any teacher or other school employee is found to have
tuberculosis in a communicable stage or other communicable disease,
the teacher's or employee's employment shall be discontinued or
suspended upon such terms as to salary as the board deems just until
the school physician has certified to a recovery from such disease.
The methods of making the tuberculin tests and chest x-rays required
by this section shall be such as are approved by the director of
health.
This
section shall apply to all elementary and high schools for which the
state
board director
of
education
and
workforce
sets
minimum standards pursuant to section 3301.07 of the Revised Code.
Sec. 3313.7110. (A) The board of education of each city, local, exempted village, or joint vocational school district may procure epinephrine autoinjectors for each school operated by the district to have on the school premises for use in emergency situations identified under division (C)(5) of this section by doing one of the following:
(1) Having a licensed health professional authorized to prescribe drugs, acting in accordance with section 4723.483, 4730.433, or 4731.96 of the Revised Code, personally furnish the epinephrine autoinjectors to the school or school district or issue a prescription for them in the name of the school or district;
(2) Having the district's superintendent obtain a prescriber-issued protocol that includes definitive orders for epinephrine autoinjectors and the dosages of epinephrine to be administered through them.
A district board that elects to procure epinephrine autoinjectors under this section is encouraged to maintain, at all times, at least two epinephrine autoinjectors at each school operated by the district.
(B) A district board that elects to procure epinephrine autoinjectors under this section shall require the district's superintendent to adopt a policy governing their maintenance and use. Before adopting the policy, the superintendent shall consult with a licensed health professional authorized to prescribe drugs.
(C) The policy adopted under division (B) of this section shall do all of the following:
(1) Identify the one or more locations in each school operated by the district in which an epinephrine autoinjector must be stored;
(2) Specify the conditions under which an epinephrine autoinjector must be stored, replaced, and disposed;
(3) Specify the individuals employed by or under contract with the district board, in addition to a school nurse or an athletic trainer, licensed under Chapter 4755. of the Revised Code, who may access and use an epinephrine autoinjector to provide a dosage of epinephrine to an individual in an emergency situation identified under division (C)(5) of this section;
(4) Specify any training that employees or contractors specified under division (C)(3) of this section, other than a school nurse or athletic trainer, must complete before being authorized to access and use an epinephrine autoinjector;
(5) Identify the emergency situations, including when an individual exhibits signs and symptoms of anaphylaxis, in which a school nurse, athletic trainer, or other employees or contractors specified under division (C)(3) of this section may access and use an epinephrine autoinjector;
(6) Specify that assistance from an emergency medical service provider must be requested immediately after an epinephrine autoinjector is used;
(7) Specify the individuals, in addition to students, school employees or contractors, and school visitors, to whom a dosage of epinephrine may be administered through an epinephrine autoinjector in an emergency situation specified under division (C)(5) of this section.
(D)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A school or school district;
(b) A member of a district board of education;
(c) A district or school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine autoinjectors, consults with a superintendent, or issues a protocol pursuant to this section.
(2) This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a district board of education, district or school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(E) A school district board of education may accept donations of epinephrine autoinjectors from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase epinephrine autoinjectors.
(F) A district board that elects to procure epinephrine autoinjectors under this section shall report to the department of education and workforce each procurement and occurrence in which an epinephrine autoinjector is used from a school's supply of epinephrine autoinjectors.
(G) As used in this section, "licensed health professional authorized to prescribe drugs" and "prescriber" have the same meanings as in section 4729.01 of the Revised Code.
Sec. 3313.7111. (A) With the approval of its governing authority, a chartered or nonchartered nonpublic school may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A chartered or nonchartered nonpublic school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A chartered or nonchartered nonpublic school;
(b) A member of a chartered or nonchartered nonpublic school governing authority;
(c) An employee or contractor of the school;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine autoinjectors, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a chartered or nonchartered nonpublic school or governing authority, member of a chartered or nonchartered nonpublic school governing authority, chartered or nonchartered nonpublic school employee or contractor, or licensed health professional may be entitled to under any other provision of the Revised Code or the common law of this state.
(C) A chartered or nonchartered nonpublic school may accept donations of epinephrine autoinjectors from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase epinephrine autoinjectors.
(D) A chartered or nonchartered nonpublic school that elects to procure epinephrine autoinjectors under this section shall report to the department of education and workforce each procurement and occurrence in which an epinephrine autoinjector is used from the school's supply of epinephrine autoinjectors.
Sec. 3313.7112. (A) As used in this section:
(1) "Board of education" means a board of education of a city, local, exempted village, or joint vocational school district.
(2) "Governing authority" means a governing authority of a chartered nonpublic school.
(3) "Licensed health care professional" means any of the following:
(a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(b) A registered nurse, advanced practice registered nurse, or licensed practical nurse licensed under Chapter 4723. of the Revised Code;
(c) A physician assistant licensed under Chapter 4730. of the Revised Code.
(4) "Local health department" means a department operated by a board of health of a city or general health district or the authority having the duties of a board of health as described in section 3709.05 of the Revised Code.
(5) "School employee" or "employee" means either of the following:
(a) A person employed by a board of education or governing authority;
(b) A licensed health care professional employed by or under contract with a local health department who is assigned to a school in a city, local, exempted village, or joint vocational school district or a chartered nonpublic school.
(6) "Treating practitioner" means any of the following who has primary responsibility for treating a student's diabetes and has been identified as such by the student's parent, guardian, or other person having care or charge of the student or, if the student is at least eighteen years of age, by the student:
(a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(b) An advanced practice registered nurse who holds a current, valid license to practice nursing as an advanced practice registered nurse issued under Chapter 4723. of the Revised Code and is designated as a clinical nurse specialist or certified nurse practitioner in accordance with section 4723.42 of the Revised Code;
(c) A physician assistant who holds a license issued under Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical board, and has been granted physician-delegated prescriptive authority.
(7) "504 plan" means a plan based on an evaluation conducted in accordance with section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794, as amended.
(B)(1) Each board of education or governing authority shall ensure that each student enrolled in the school district or chartered nonpublic school who has diabetes receives appropriate and needed diabetes care in accordance with an order signed by the student's treating practitioner. The diabetes care to be provided includes any of the following:
(a) Checking and recording blood glucose levels and ketone levels or assisting the student with checking and recording these levels;
(b) Responding to blood glucose levels that are outside of the student's target range;
(c) In the case of severe hypoglycemia, administering glucagon and other emergency treatments as prescribed;
(d) Administering insulin or assisting the student in self-administering insulin through the insulin delivery system the student uses;
(e) Providing oral diabetes medications;
(f) Understanding recommended schedules and food intake for meals and snacks in order to calculate medication dosages pursuant to the order of the student's treating practitioner;
(g) Following the treating practitioner's instructions regarding meals, snacks, and physical activity;
(h) Administering diabetes medication, as long as the conditions prescribed in division (C) of this section are satisfied.
(2) Not later than fourteen days after receipt of an order signed by the treating practitioner of a student with diabetes, the board of education or governing authority shall inform the student's parent, guardian, or other person having care or charge of the student that the student may be entitled to a 504 plan regarding the student's diabetes. The department of education and workforce shall develop a 504 plan information sheet for use by a board of education or governing authority when informing a student's parent, guardian, or other person having care or charge of the student that the student may be entitled to a 504 plan regarding the student's diabetes.
(C) Notwithstanding division (B) of section 3313.713 of the Revised Code or any other provision of the Revised Code, diabetes medication may be administered under this section by a school nurse or, in the absence of a school nurse, a school employee who is trained in diabetes care under division (E) of this section. Medication administration may be provided under this section only when the conditions prescribed in division (C) of section 3313.713 of the Revised Code are satisfied.
Notwithstanding division (D) of section 3313.713 of the Revised Code, medication that is to be administered under this section may be kept in an easily accessible location.
(D)(1) The department of education and workforce shall adopt nationally recognized guidelines, as determined by the department, for the training of school employees in diabetes care for students. In doing so, the department shall consult with the department of health, the American diabetes association, and the Ohio school nurses association. The department may consult with any other organizations as determined appropriate by the department.
(2) The guidelines shall address all of the following issues:
(a) Recognizing the symptoms of hypoglycemia and hyperglycemia;
(b) The appropriate treatment for a student who exhibits the symptoms of hypoglycemia or hyperglycemia;
(c) Recognizing situations that require the provision of emergency medical assistance to a student;
(d) Understanding the appropriate treatment for a student, based on an order issued by the student's treating practitioner, if the student's blood glucose level is not within the target range indicated by the order;
(e) Understanding the instructions in an order issued by a student's treating practitioner concerning necessary medications;
(f) Performing blood glucose and ketone tests for a student in accordance with an order issued by the student's treating practitioner and recording the results of those tests;
(g) Administering insulin, glucagon, or other medication to a student in accordance with an order issued by the student's treating practitioner and recording the results of the administration;
(h) Understanding the relationship between the diet recommended in an order issued by a student's treating practitioner and actions that may be taken if the recommended diet is not followed.
(E)(1) To ensure that a student with diabetes receives the diabetes care specified in division (B) of this section, a board of education or governing authority may provide training that complies with the guidelines developed under division (D) of this section to a school employee at each school attended by a student with diabetes. With respect to any training provided, all of the following apply:
(a) The training shall be coordinated by a school nurse or, if the school does not employ a school nurse, a licensed health care professional with expertise in diabetes who is approved by the school to provide the training.
(b) The training shall take place prior to the beginning of each school year or, as needed, not later than fourteen days after receipt by the board of education or governing authority of an order signed by the treating practitioner of a student with diabetes.
(c) On completion of the training, the board of education or governing authority, in a manner it determines, shall determine whether each employee trained is competent to provide diabetes care.
(d) The school nurse or approved licensed health care professional with expertise in diabetes care shall promptly provide all necessary follow-up training and supervision to an employee who receives training.
(2) The principal of a school attended by a student with diabetes or another school official authorized to act on behalf of the principal may distribute a written notice to each employee containing all of the following:
(a) A statement that the school is required to provide diabetes care to a student with diabetes and is seeking employees who are willing to be trained to provide that care;
(b) A description of the tasks to be performed;
(c) A statement that participation is voluntary and that the school district or governing authority will not take action against an employee who does not agree to provide diabetes care;
(d) A statement that training will be provided by a licensed health care professional to an employee who agrees to provide care;
(e) A statement that a trained employee is immune from liability under division (J) of this section;
(f) The name of the individual who should be contacted if an employee is interested in providing diabetes care.
(3) No employee of a board of education or governing authority shall be subject to a penalty or disciplinary action under school or district policies for refusing to volunteer to be trained in diabetes care.
(4) No board or governing authority shall discourage employees from agreeing to provide diabetes care under this section.
(F) A board of education or governing authority may provide training in the recognition of hypoglycemia and hyperglycemia and actions to take in response to emergency situations involving these conditions to both of the following:
(1) A school employee who has primary responsibility for supervising a student with diabetes during some portion of the school day;
(2) A bus driver employed by a school district or chartered nonpublic school responsible for the transportation of a student with diabetes.
(G) A student with diabetes shall be permitted to attend the school the student would otherwise attend if the student did not have diabetes and the diabetes care specified in division (B) of this section shall be provided at the school. A board of education or governing authority shall not restrict a student who has diabetes from attending the school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have an employee trained in diabetes care. The school shall not require or pressure a parent, guardian, or other person having care or charge of a student to provide diabetes care for the student with diabetes at school or school-related activities.
(H)(1) Notwithstanding section 3313.713 of the Revised Code or any policy adopted under that section and except as provided in division (H)(2) of this section, on written request of the parent, guardian, or other person having care or charge of a student and authorization by the student's treating practitioner, a student with diabetes shall be permitted during regular school hours and school-sponsored activities to attend to the care and management of the student's diabetes in accordance with the order issued by the student's treating practitioner if the student's treating practitioner determines that the student is capable of performing diabetes care tasks. The student shall be permitted to perform diabetes care tasks in a classroom, in any area of the school or school grounds, and at any school-related activity, and to possess on the student's self at all times all necessary supplies and equipment to perform these tasks. If the student or the parent, guardian, or other person having care or charge of the student so requests, the student shall have access to a private area for performing diabetes care tasks.
(2) If the student performs any diabetes care tasks or uses medical equipment for purposes other than the student's own care, the board of education or governing authority may revoke the student's permission to attend to the care and management of the student's diabetes.
(I)(1) Notwithstanding any other provision of the Revised Code to the contrary, a licensed health care professional shall be permitted to provide training to a school employee under division (E) of this section or to supervise the employee in performing diabetes care tasks.
(2) Nothing in this section diminishes the rights of eligible students or the obligations of school districts or governing authorities under the "Individuals with Disabilities Education Act," 20 U.S.C. 1400 et seq., section 504 of the "Rehabilitation Act," 29 U.S.C. 794, or the "Americans with Disabilities Act," 42 U.S.C. 12101 et seq.
(J)(1) A school or school district, a member of a board or governing authority, or a district or school employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing care or performing duties under this section unless the act or omission constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a board of education or governing authority, or district or school employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(2) A school employee shall not be subject to disciplinary action under school or district policies for providing care or performing duties under this section.
(3) A school nurse or other licensed health care professional shall be immune from disciplinary action by the board of nursing or any other regulatory board for providing care or performing duties under this section if the care provided or duties performed are consistent with applicable professional standards.
(K)(1) Not later than the last day of December of each year, a board of education or governing authority shall report to the department of education and workforce both of the following:
(a) The number of students with diabetes enrolled in the school district or chartered nonpublic school during the previous school year;
(b) The number of errors associated with the administration of diabetes medication to students with diabetes during the previous school year.
(2) Not later than the last day of March of each year, the department shall issue a report summarizing the information received by the department under division (K)(1) of this section for the previous school year. The department shall make the report available on its internet web site.
Sec. 3313.7113. (A) As used in this section, "inhaler" means a device that delivers medication to alleviate asthmatic symptoms, is manufactured in the form of a metered dose inhaler or dry powdered inhaler, and may include a spacer, holding chamber, or other device that attaches to the inhaler and is used to improve the delivery of the medication.
(B) The board of education of each city, local, exempted village, or joint vocational school district may procure inhalers for each school operated by the district to have on the school premises for use in emergency situations identified under division (D)(5) of this section. A district board that elects to procure inhalers under this section is encouraged to maintain, at all times, at least two inhalers at each school operated by the district.
(C) A district board that elects to procure inhalers under this section shall require the district's superintendent to adopt a policy governing their maintenance and use. Before adopting the policy, the superintendent shall consult with a licensed health professional authorized to prescribe drugs, as defined in section 4729.01 of the Revised Code.
(D) A component of a policy adopted by a superintendent under division (C) of this section shall be a prescriber-issued protocol specifying definitive orders for inhalers, including the dosages of medication to be administered through them, the number of times that each inhaler may be used before disposal, and the methods of disposal. The policy also shall do all of the following:
(1) Identify the one or more locations in each school operated by the district in which an inhaler must be stored;
(2) Specify the conditions under which an inhaler must be stored, replaced, and disposed;
(3) Specify the individuals employed by or under contract with the district board, in addition to a school nurse or an athletic trainer, licensed under Chapter 4755. of the Revised Code, who may access and use an inhaler to provide a dosage of medication to an individual in an emergency situation identified under division (D)(5) of this section;
(4) Specify any training that employees or contractors specified under division (D)(3) of this section, other than a school nurse or athletic trainer, must complete before being authorized to access and use an inhaler;
(5) Identify the emergency situations, including when an individual exhibits signs and symptoms of asthma, in which a school nurse, athletic trainer, or other employees or contractors specified under division (D)(3) of this section may access and use an inhaler;
(6) Specify that assistance from an emergency medical service provider must be requested immediately after an employee or contractor, other than a school nurse, athletic trainer, or another licensed health professional, uses an inhaler;
(7) Specify the individuals, in addition to students, school employees or contractors, and school visitors, to whom a dosage of medication may be administered through an inhaler in an emergency situation specified under division (D)(5) of this section.
(E) A school or school district, a member of a district board of education, or a district or school employee or contractor is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an inhaler under this section, unless the act or omission constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a district board of education, or district or school employee or contractor may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(F) A school district board of education may accept donations of inhalers from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase inhalers.
(G) A district board that elects to procure inhalers under this section shall report to the department of education and workforce each procurement and occurrence in which an inhaler is used from a school's supply of inhalers.
Sec. 3313.7114. (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code.
(B) With the approval of its governing authority, a chartered or nonchartered nonpublic school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A chartered or nonchartered nonpublic school that elects to do so shall comply with all provisions of that section as if it were a school district.
(C) A chartered or nonchartered nonpublic school, a member of a chartered or nonchartered nonpublic school governing authority, or an employee or contractor of the school is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an inhaler under this section, unless the act or omission constitutes willful or wanton misconduct.
(D) A chartered or nonchartered nonpublic school may accept donations of inhalers from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase inhalers.
(E) A chartered or nonchartered nonpublic school that elects to procure inhalers under this section shall report to the department of education and workforce each procurement and occurrence in which an inhaler is used from the school's supply of inhalers.
Sec. 3313.7115. (A) As used in this section, "licensed health professional authorized to prescribe drugs" and "prescriber" have the same meanings as in section 4729.01 of the Revised Code.
(B) The board of education of each city, local, exempted village, or joint vocational school district may procure injectable or nasally administered glucagon for each school operated by the district to have on the school premises for use in emergency situations identified under division (D)(5) of this section by doing one of the following:
(1) Having a licensed health professional authorized to prescribe drugs, acting in accordance with section 4723.484, 4730.434, or 4731.92 of the Revised Code, personally furnish the injectable or nasally administered glucagon to the school or school district or issue a prescription for the drug in the name of the school or district;
(2) Having the district's superintendent obtain a prescriber-issued protocol that includes definitive orders for injectable or nasally administered glucagon and the dosages to be administered.
A district board that elects to procure injectable or nasally administered glucagon under this section is encouraged to maintain, at all times, at least two doses of the drug at each school operated by the district.
(C) A district board that elects to procure injectable or nasally administered glucagon under this section shall require the district's superintendent to adopt a policy governing maintenance and use of the drug. Before adopting the policy, the superintendent shall consult with a licensed health professional authorized to prescribe drugs.
(D) The policy adopted under division (C) of this section shall do all of the following:
(1) Identify the one or more locations in each school operated by the district in which injectable or nasally administered glucagon must be stored;
(2) Specify the conditions under which injectable or nasally administered glucagon must be stored, replaced, and disposed;
(3) Specify the individuals employed by or under contract with the district board, in addition to a school nurse licensed under section 3319.221 of the Revised Code or an athletic trainer licensed under Chapter 4755. of the Revised Code, who may access and use injectable or nasally administered glucagon in an emergency situation identified under division (D)(5) of this section;
(4) Specify any training that employees or contractors specified under division (D)(3) of this section, other than a school nurse or athletic trainer, must complete before being authorized to access and use injectable or nasally administered glucagon;
(5) Identify the emergency situations in which a school nurse, athletic trainer, or other employees or contractors specified under division (D)(3) of this section may access and use injectable or nasally administered glucagon;
(6) Specify that assistance from an emergency medical service provider must be requested immediately after a dose of glucagon is administered;
(7) Specify the individuals, if any, in addition to students, to whom a dose of glucagon may be administered in an emergency situation specified under division (D)(5) of this section.
(E)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using injectable or nasally administered glucagon under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A school or school district;
(b) A member of a district board of education;
(c) A district or school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes injectable or nasally administered glucagon, consults with a superintendent, or issues a protocol pursuant to this section.
(2) This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a district board of education, district or school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(F) A school district board of education may accept donations of injectable or nasally administered glucagon from a wholesale distributor of dangerous drugs or manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase the drug.
(G) A district board that elects to procure injectable or nasally administered glucagon under this section shall report to the department of education and workforce each procurement and each occurrence in which a dose of the drug is used from a school's supply.
Sec. 3313.7116. (A) With the approval of its governing authority, a chartered or nonchartered nonpublic school may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A chartered or nonchartered nonpublic school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using injectable or nasally administered glucagon under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A chartered or nonchartered nonpublic school;
(b) A member of a chartered or nonchartered nonpublic school governing authority;
(c) An employee or contractor of the school;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes injectable or nasally administered glucagon, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a chartered or nonchartered nonpublic school or governing authority, member of a chartered or nonchartered nonpublic school governing authority, chartered or nonchartered nonpublic school employee or contractor, or licensed health professional may be entitled to under any other provision of the Revised Code or the common law of this state.
(C) A chartered or nonchartered nonpublic school may accept donations of injectable or nasally administered glucagon from a wholesale distributor of dangerous drugs or manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase the drug.
(D) A chartered or nonchartered nonpublic school that elects to procure injectable or nasally administered glucagon under this section shall report to the department of education and workforce each procurement and each occurrence in which a dose of the drug is used from the school's supply.
Sec. 3313.81. The board of education of any city, exempted village, or local school district may establish food service, provide facilities and equipment, and pay operating costs in the schools under its control for the preparation and serving of lunches, and other meals or refreshments to the pupils, employees of the board of education employed therein, and to other persons taking part in or patronizing any activity in connection with the schools. A board of education that operates such a food service may also provide meals at cost to residents of the school district who are sixty years of age or older or may contract with public or private nonprofit organizations providing services to the elderly to provide nutritious meals for persons who are sixty years of age or older. Restrictions or limitations upon the privileges or use of facilities by any pupil, employee, person taking part in or patronizing a school-related activity, or elderly person must be applied equally to all pupils, all employees, all persons taking part in or patronizing a school-related activity, or elderly persons, respectively, except that a board may expend school funds other than funds from federally reimbursed moneys or student payments to provide meals at no charge to senior citizens performing volunteer services in the district's schools in accordance with a volunteer program approved by the board.
Such facilities shall be under the management and control of the board and the operation of such facilities for school food service purposes or to provide meals for the elderly shall not be for profit. In the operation of such facilities for school food service purposes there shall be established a food service fund in the treasurer's cash journal, which shall be separate from all other funds of the board. All receipts and disbursements in connection with the operation of food service for school food service purposes and the maintenance, improvement, and purchase of equipment for school food service purposes shall be paid directly into and disbursed from the food service fund which shall be kept in a legally designated depository of the board. Revenues for the operation, maintenance, improvement, and purchase of equipment shall be provided by the food service fund, appropriations transferred from the general fund, federal funds, and from other proper sources. Records of receipts and disbursements resulting from the provision of meals for the elderly shall be separately maintained, in accordance with section 3313.29 of the Revised Code.
The
enforcement of this section shall be under jurisdiction of the state
board department
of
education
and
workforce.
Sec. 3313.811. No board, the principal or teacher of any schoolroom, or class organization of any school district shall sell or offer for sale, or supervise the sale of uniform school supplies, foods, candies, or like supplies for profit on the school premises except when the profit derived from such sale is to be used for school purposes or for any activity in connection with the school on whose premises such uniform school supplies, food, candies, or supplies are sold or offered for sale. No individual student or class of students, acting as an agent for any person or group of persons directly connected with the school shall sell or offer for sale for profit outside the school building, any such articles, except when the profit derived from such sale is to be used for school purposes or for any activity in connection with the school.
Uniform school supplies are those adopted by the board for use in the schools of the district.
The
enforcement of this section shall be under the jurisdiction of the
state
board department
of
education
and
workforce.
The school district board of education shall provide revolving accounts for the purchase and sale of uniform school supplies either by appropriations from the general fund or accumulation from sales or receipts. Such accounts shall be kept separate from other transactions of the board.
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit private entity that provides to pupils enrolled in any public or chartered nonpublic elementary or secondary school an outdoor educational curriculum that the school considers to be part of its educational program.
(2) "Outside-school-hours care center" has the meaning established in 7 C.F.R. 226.2.
(B)
The state
board department
of
education
and
workforce
shall
establish standards for a school lunch program, school breakfast
program, child and adult care food program, special food service
program for children, summer food service program for children,
special milk program for children, food service equipment assistance
program, and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C.
1751, as amended, and the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1771, as amended. Any board of education of a
school district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or summer
camp desiring to participate in such a program or required to
participate under this section shall, if eligible to participate
under the "National School Lunch Act," as amended, or the
"Child Nutrition Act of 1966," as amended, make application
to the state
board of education department
for
assistance. The board shall administer the allocation and
distribution of all state and federal funds for these programs.
(C)
The state
board of education department
shall
require the board of education of each school district to establish
and maintain a school breakfast, lunch, and summer food service
program pursuant to the "National School Lunch Act" and the
"Child Nutrition Act of 1966," as described in divisions
(C)(1) to (4) of this section.
(1)
The state
board department
shall
require the board of education in each school district to establish a
breakfast program in every school where at least one-fifth of the
pupils in the school are eligible under federal requirements for free
breakfasts and to establish a lunch program in every school where at
least one-fifth of the pupils are eligible for free lunches. The
board of education required to establish a breakfast program under
this division may make a charge in accordance with federal
requirements for each reduced price breakfast or paid breakfast to
cover the cost incurred in providing that meal.
(2)
The state
board department
shall
require the board of education in each school district to establish a
breakfast program in every school in which the parents of at least
one-half of the children enrolled in the school have requested that
the breakfast program be established. The board of education required
to establish a program under this division may make a charge in
accordance with federal requirements for each meal to cover all or
part of the costs incurred in establishing such a program.
A breakfast program established under division (C)(1) or (2) of this section shall be operated in accordance with section 3313.818 of the Revised Code in any school meeting the conditions prescribed by that section.
(3)
The state
board department
shall
require the board of education in each school district to establish
one of the following for summer intervention services described in
division (D) of section 3301.0711 or provided under section 3313.608
of the Revised Code, and any other summer intervention program
required by law:
(a) An extension of the school breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966";
(b) An extension of the school lunch program pursuant to those acts;
(c) A summer food service program pursuant to those acts.
(4)(a) If the board of education of a school district determines that, for financial reasons, it cannot comply with division (C)(1) or (3) of this section, the district board may choose not to comply with either or both divisions, except as provided in divisions (C)(4)(b) and (c) of this section. The district board publicly shall communicate to the residents of the district, in the manner it determines appropriate, its decision not to comply.
(b)
If a district board chooses not to comply with division (C)(1) of
this section, the state
board department
nevertheless
shall require the district board to establish a breakfast program in
every school where at least one-third of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least one-third of
the pupils are eligible for free lunches. The district board may make
a charge in accordance with federal requirements for each reduced
price breakfast or paid breakfast to cover the cost incurred in
providing that meal.
(c)
If the board of education of a school district chooses not to comply
with division (C)(3) of this section, the state
board department
nevertheless
shall require the district board to permit an approved summer food
service program sponsor to use school facilities located in a school
building attendance area where at least one-half of the pupils are
eligible for free lunches.
The
department of
education shall
post in a prominent location on the department's web site a list of
approved summer food service program sponsors that may use school
facilities under this division.
Subject to the provisions of sections 3313.75 and 3313.77 of the Revised Code, a school district may charge the summer food service program sponsor a reasonable fee for the use of school facilities that may include the actual cost of custodial services, charges for the use of school equipment, and a prorated share of the utility costs as determined by the district board. A school district shall require the summer food service program sponsor to indemnify and hold harmless the district from any potential liability resulting from the operation of the summer food service program under this division. For this purpose, the district shall either add the summer food service program sponsor, as an additional insured party, to the district's existing liability insurance policy or require the summer food service program sponsor to submit evidence of a separate liability insurance policy, for an amount approved by the district board. The summer food service program sponsor shall be responsible for any costs incurred in obtaining coverage under either option.
(d)
If a school district cannot for good cause comply with the
requirements of division (C)(2) or (4)(b) or (c) of this section at
the time the state
board department
determines
that a district is subject to these requirements, the state
board department
shall
grant a reasonable extension of time. Good cause for an extension of
time shall include, but need not be limited to, economic
impossibility of compliance with the requirements at the time the
state
board department
determines
that a district is subject to them.
(D)(1)
The state
board department
shall
accept the application of any outdoor education center in the state
making application for participation in a program pursuant to
division (B) of this section.
(2) For purposes of participation in any program pursuant to this section, the board shall certify any outdoor education center making application as an educational unit that is part of the educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on an overnight basis so that pupils are in residence at the center for more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership in a single building or complex of buildings.
(3) The board shall approve any outdoor education center certified under this division for participation in the program for which the center is making application on the same basis as any other applicant for that program.
(E) Any school district board of education or chartered nonpublic school that participates in a breakfast program pursuant to this section may offer breakfast to pupils in their classrooms during the school day. However, any school that is subject to section 3313.818 of the Revised Code shall offer breakfast to pupils in accordance with that section.
(F) Notwithstanding anything in this section to the contrary, in each fiscal year in which the general assembly appropriates funds for purposes of this division, the board of education of each school district and each chartered nonpublic school that participates in a breakfast program pursuant to this section shall provide a breakfast free of charge to each pupil who is eligible under federal requirements for a reduced price breakfast.
Sec. 3313.814. (A) As used in this section and sections 3313.816 and 3313.817 of the Revised Code:
(1) "A la carte item" means an individually priced food or beverage item that is available for sale to students through any of the following:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or other school-sponsored organization.
"A la carte item" does not include any food or beverage item available for sale in connection with a school-sponsored fundraiser held outside of the regular school day, any other school-sponsored event held outside of the regular school day, or an interscholastic athletic event. "A la carte item" also does not include any food or beverage item that is part of a reimbursable meal and that is available for sale as an individually priced item in a serving portion of the same size as in the reimbursable meal, regardless of whether the food or beverage item is included in the reimbursable meal served on a particular school day.
(2) "Added sweeteners" means any additives that enhance the sweetness of a beverage, including processed sugar. "Added sweeteners" do not include any natural sugars found in fruit juices that are a component of the beverage.
(3) "Extended school day" means the period before and after the regular school day during which students participate in school-sponsored extracurricular activities, latchkey programs as defined in section 3313.207 of the Revised Code, or other academic or enrichment programs.
(4) "Regular school day" means the period each school day between the designated arrival time for students and the end of the final instructional period.
(5) "Reimbursable meal" means a meal that is provided to students through a school breakfast or lunch program established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria for reimbursement established by the United States department of agriculture.
(6) "School food service program" means a school food service program operated under section 3313.81 or 3313.813 of the Revised Code.
(B) Each school district board of education and each chartered nonpublic school governing authority shall adopt and enforce nutrition standards governing the types of food and beverages that may be sold on the premises of its schools, and specifying the time and place each type of food or beverage may be sold.
(1) In adopting the standards, the board or governing authority shall do all of the following:
(a) Consider the nutritional value of each food or beverage;
(b) Consult with a dietitian licensed under Chapter 4759. of the Revised Code, a dietetic technician registered by the commission on dietetic registration, or a school nutrition specialist certified or credentialed by the school nutrition association. The person with whom the board or governing authority consults may be an employee of the board or governing authority, a person contracted by the board or governing authority, or a volunteer, provided the person meets the requirements of this division.
(c) Consult the dietary guidelines for Americans jointly developed by the United States department of agriculture and the United States department of health and human services and, to the maximum extent possible, incorporate the guidelines into the standards.
(2) No food or beverage may be sold on any school premises except in accordance with the standards adopted by the board or governing authority.
(3) The standards shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this section shall prohibit the standards from being more restrictive than otherwise required by those sections.
(C) The nutrition standards adopted under this section shall prohibit the placement of vending machines in any classroom where students are provided instruction, unless the classroom also is used to serve students meals. This division does not apply to vending machines that sell only milk, reimbursable meals, or food and beverage items that are part of a reimbursable meal and are available for sale as individually priced items in serving portions of the same size as in the reimbursable meal.
(D) Each board or governing authority shall designate staff to be responsible for ensuring that the school district or school meets the nutrition standards adopted under this section. The staff shall prepare an annual report regarding the district's or school's compliance with the standards and include it in the report to the department of education and workforce prescribed in section 3301.68 of the Revised Code. The board or governing authority annually shall schedule a presentation on the nutrition standards report at one of its regular meetings. Each district or school shall make copies of the nutrition standards report available to the public upon request.
(E)
The state
board department
of
education
and
workforce
shall
formulate and adopt guidelines, which boards of education and
chartered nonpublic schools may follow in enforcing and implementing
this section.
Sec. 3313.815. (A) Any school district or nonpublic school that operates a food service program pursuant to section 3313.81 or 3313.813 of the Revised Code shall require at least one employee who has received instruction in methods to prevent choking and has demonstrated an ability to perform the Heimlich maneuver to be present while students are being served food.
The department of education and workforce shall establish guidelines for use by districts and schools in implementing this section.
(B) Any nonpublic school or employee of a nonpublic school is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by an act or omission of the nonpublic school or an employee of the nonpublic school in connection with performance of the duties required under division (A) of this section unless such act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner.
(C) This section does not create a new cause of action or substantive legal right against any person.
Sec. 3313.817. (A) When the department of education and workforce is able to obtain free of charge computer software for assessing the nutritional value of foods that does all of the following, the department shall make that software available free of charge to each public and chartered nonpublic school:
(1) Rates the healthiness of foods based on nutrient density;
(2) Assesses the amount of calories, total fat, saturated fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A, and vitamin C in each food item;
(3) Evaluates the nutritional value of foods based on the dietary guidelines for Americans jointly developed by the United States department of agriculture and United States department of health and human services as they pertain to children and adolescents.
(B) Each public and chartered nonpublic school shall use the software provided by the department under this section to determine the nutritional value of each a la carte food item available for sale at the school.
(C) When the department provides software under this section, each public and chartered nonpublic school shall comply with all of the following requirements:
(1) No a la carte food item shall be in the lowest rated category of foods designated by the software.
(2) In the first school year in which the school is subject to this section, at least twenty per cent of the a la carte food items available for sale from each of the following sources during the regular and extended school day shall be in the highest rated category of foods designated by the software and in each school year thereafter, at least forty per cent of the a la carte food items available for sale from each of the following sources during the regular and extended school day shall be in that category:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or other school-sponsored organization.
(3) Each a la carte food item that is not in the highest rated category of foods designated by the software shall meet at least two of the following criteria:
(a) It contains at least five grams of protein.
(b) It contains at least ten per cent of the recommended daily value of fiber.
(c) It contains at least ten per cent of the recommended daily value of calcium.
(d) It contains at least ten per cent of the recommended daily value of iron.
(e) It contains at least ten per cent of the recommended daily value of vitamin A.
(f) It contains at least ten per cent of the recommended daily value of vitamin C.
(D) As an alternative to complying with division (C) of this section, a public or chartered nonpublic school may comply with the most recent guidelines for competitive foods issued by the alliance for a healthier generation with respect to the sale of a la carte food items.
Sec. 3313.818. (A)(1) The department of education and workforce shall establish a program under which public schools that meet the conditions prescribed in this section shall offer breakfast to all students either before or during the school day. Each of the following shall apply:
(a)
In the first school year after
the
effective date of this section
October
17, 2019,
the program shall apply to any public school in which seventy per
cent or more of the students enrolled in the school during the
previous school year were eligible under federal requirements for
free or reduced-price breakfasts or lunches.
(b)
In the second school year after
the
effective date of this section
October
17, 2019,
the program shall apply to any public school in which sixty per cent
or more of the students enrolled in the school during the previous
school year were eligible under federal requirements for free or
reduced-price breakfasts or lunches.
(c) In the third school year after the enactment date of this section and every school year thereafter, the program shall apply to any public school in which fifty per cent or more of the students enrolled in the school during the previous school year were eligible under federal requirements for free or reduced-price breakfasts or lunches.
(2) The district superintendent or building principal, in consultation with the building staff, shall determine the model for serving breakfast under the program. Each breakfast served under the program shall comply with federal meal patterns and nutritional standards and with section 3313.814 of the Revised Code. A school district board of education may make a charge in accordance with federal requirements for each meal to cover all or part of the costs incurred in operating the program.
(B) The department shall publish a list of public schools that meet the conditions of division (A) of this section. The department shall offer technical assistance to school districts and schools regarding the implementation of a school breakfast program that complies with this section and the submission of claims for reimbursement under the federal school breakfast program.
(C)(1) The department shall monitor each school participating in the program and ensure that each participating school complies with the requirements of this section.
(2) If the board of education of a school district determines that, for financial reasons, a school under the board's control cannot comply with the requirements of this section or the board already has a successful breakfast program or partnership in place, the district board may choose not to comply with those requirements.
(D) Not later than the thirty-first day of December of each school year, the department shall provide statistical reports on its web site that specify the number and percentage of students participating in school breakfast programs disaggregated by school district and individual schools, including community schools, established under Chapter 3314. of the Revised Code, and STEM schools, established under Chapter 3326. of the Revised Code.
(E) Not later than the thirty-first day of December of each school year, the department shall prepare a report on the implementation and effectiveness of the program established under this section and submit the report to the general assembly, in accordance with section 101.68 of the Revised Code, and to the governor. The report shall include:
(1) The number of students and participation rates in the free and reduced-price breakfast programs under this section for each school building;
(2) The type of breakfast model used by each school building participating in the breakfast program;
(3) The number of students and participation rates in free or reduced-price lunch for each school building.
Sec.
3313.821. The
superintendent
of public instructiondepartment
of education and workforce,
in consultation with the governor's executive workforce board, shall
establish standards for the operation of business advisory councils
established by the board of education of a school district or the
governing board of an educational service center under section
3313.82 of the Revised Code. The standards adopted by the state
superintendent department
shall
include at least the following requirements:
(A) Each advisory council and the board of education or governing board that established it shall develop a plan by which the advisory council shall advise the board of at least those matters specified by the board pursuant to section 3313.82 of the Revised Code.
(B) Each plan developed pursuant to division (A) of this section shall be filed with the department of education and workforce.
(C) Each business advisory council shall meet with its school board at least quarterly.
(D) Each business advisory council and its school board shall file a joint statement, not later than the first day of March of each school year, describing how the school district or service center and its business advisory council has fulfilled their responsibilities pursuant to this section and section 3313.82 of the Revised Code.
Sec. 3313.843. (A) Notwithstanding division (D) of section 3311.52 of the Revised Code, this section does not apply to any cooperative education school district.
(B)(1) The board of education of each city, exempted village, or local school district with an average daily student enrollment of sixteen thousand or less, reported for the district on the most recent report card issued under section 3302.03 of the Revised Code, shall enter into an agreement with the governing board of an educational service center, under which the educational service center governing board will provide services to the district.
(2) The board of education of a city, exempted village, or local school district with an average daily student enrollment of more than sixteen thousand may enter into an agreement with the governing board of an educational service center, under which the educational service center governing board will provide services to the district.
(3) Services provided under an agreement entered into under division (B)(1) or (2) of this section shall be specified in the agreement, and may include any of the following: supervisory teachers; in-service and continuing education programs for district personnel; curriculum services; research and development programs; academic instruction for which the governing board employs teachers pursuant to section 3319.02 of the Revised Code; assistance in the provision of special accommodations and classes for students with disabilities; or any other services the district board and service center governing board agree can be better provided by the service center and are not provided under an agreement entered into under section 3313.845 of the Revised Code. Services included in the agreement shall be provided to the district in the manner specified in the agreement. The district board of education shall reimburse the educational service center governing board pursuant to division (H) of this section.
(C) Any agreement entered into pursuant to this section shall be filed with the department of education and workforce by the first day of July of the school year for which the agreement is in effect.
(D)(1) An agreement for services from an educational service center entered into under this section may be terminated by the school district board of education, at its option, by notifying the governing board of the service center by March 1, 2012, or by the first day of January of any odd-numbered year thereafter, that the district board intends to terminate the agreement in that year, and that termination shall be effective on the thirtieth day of June of that year. The failure of a district board to notify an educational service center of its intent to terminate an agreement by March 1, 2012, shall result in renewal of the existing agreement for the following school year. Thereafter, the failure of a district board to notify an educational service center of its intent to terminate an agreement by the first day of January of an odd-numbered year shall result in renewal of the existing agreement for the following two school years.
(2) If the school district that terminates an agreement for services under division (D)(1) of this section is also subject to the requirement of division (B)(1) of this section, the district board shall enter into a new agreement with any educational service center so that the new agreement is effective on the first day of July of that same year.
(3) If all moneys owed by a school district to an educational service center under an agreement for services terminated under division (D)(1) of this section have been paid in full by the effective date of the termination, the governing board of the service center shall submit an affidavit to the department certifying that fact not later than fifteen days after the termination's effective date. Notwithstanding anything in the Revised Code to the contrary, until the department receives such an affidavit, it shall not make any payments to any other educational service center with which the district enters into an agreement under this section for services that the educational service center provides to the district.
(E) An educational service center may apply to any state or federal agency for competitive grants. It may also apply to any private entity for additional funds.
(F) Not later than January 1, 2014, each educational service center shall post on its web site a list of all of the services that it provides and the corresponding cost for each of those services.
(G)(1) For purposes of calculating any state operating subsidy to be paid to an educational service center for the operation of that service center and any services required under Title XXXIII of the Revised Code to be provided by the service center to a school district, the service center's student count shall be the sum of the total student counts of all the school districts with which the educational service center has entered into an agreement under this section.
(2)
When a district enters into a new agreement with a new educational
service center, the department
of
education
shall
ensure that the state operating subsidy for services provided to the
district is paid to the new educational service center and that the
educational service center with which the district previously had an
agreement is no longer paid a state operating subsidy for providing
services to that district.
(H) Pursuant to division (B) of section 3317.023 of the Revised Code, the department annually shall deduct from each school district that enters into an agreement with an educational service center under this section, and pay to the service center, an amount equal to six dollars and fifty cents times the school district's total student count. The district board of education, or the district superintendent acting on behalf of the district board, may agree to pay an amount in excess of six dollars and fifty cents per student in total student count. If a majority of the boards of education, or superintendents acting on behalf of the boards, of the districts that entered into an agreement under this section approve an amount in excess of six dollars and fifty cents per student in total student count, each district shall pay the excess amount to the service center.
(I)(1) An educational service center may enter into a contract to purchase supplies, materials, equipment, and services, which may include those specified in division (B) of this section or Chapter 3312. of the Revised Code, or the delivery of such services, on behalf of a school district or political subdivision that has entered into an agreement with the service center under this section or section 3313.844, 3313.845, or 3313.846 of the Revised Code.
(2) Purchases made by a school district or political subdivision that has entered into an agreement with the service center as described in this division are exempt from competitive bidding required by law for the purchase of supplies, materials, equipment, or services. No political subdivision shall make any purchase under this division when the political subdivision has received bids for such purchase, unless the same terms, conditions, and specifications at a lower price can be made for such purchase under this division.
(J) Any school district, community school, or STEM school that has entered into an agreement with an educational service center under this section or section 3313.844 or 3313.845 of the Revised Code shall be in compliance with federal law and exempt from competitive bidding requirements for personnel-based services pursuant to the authority granted to the Ohio department of education and workforce under federal law, provided the service center has met the following conditions:
(1) It is in compliance with division (F) of this section.
(2)
It has been designated "high performing" under rule of the
state
board of education
department.
(3) It has been found to be substantially in compliance with audit rules and guidelines in its most recent audit by the auditor of state.
(K) For purposes of this section, a school district's "total student count" means the average daily student enrollment reported on the most recent report card issued for the district pursuant to section 3302.03 of the Revised Code.
Sec. 3313.844. The governing authority of a community school established under Chapter 3314. of the Revised Code and the governing board of an educational service center may enter into an agreement, through adoption of identical resolutions, under which the service center board will provide services to the community school. Services provided under the agreement and the amount and manner in which the community school will pay for such services shall be mutually agreed to by the school's governing authority and the service center board, and shall be specified in the service agreement. If specified in the agreement as the manner of payment, the department of education and workforce shall pay the service center the amount due to it under the agreement and shall deduct that amount from the payments made to the community school under Chapter 3314. of the Revised Code. Any agreement entered into under this section shall be valid only if a copy is filed with the department.
Sec. 3313.845. The board of education of a city, exempted village, local, or joint vocational school district and the governing board of an educational service center may enter into an agreement under which the educational service center will provide services to the school district. Services provided under the agreement and the amount to be paid for such services shall be mutually agreed to by the district board of education and the service center governing board, and shall be specified in the agreement. Payment for services specified in the agreement shall be made pursuant to the terms of that agreement. If specified in the agreement as the manner of payment, the department of education and workforce shall pay the service center the amount due to it under the agreement and shall deduct that amount from the payments made to the city, exempted village, local, or joint vocational school district under Chapter 3317. of the Revised Code. Any agreement entered into pursuant to this section shall be valid only if a copy is filed with the department.
The authority granted under this section to the boards of education of city, exempted village, and local school districts is in addition to the authority granted to such boards under section 3313.843 of the Revised Code.
Sec. 3313.846. The governing board of an educational service center may enter into a contract with any political subdivision as defined in section 2744.01 of the Revised Code, not including school districts, community schools, or STEM schools contracting for services under section 3313.843, 3313.844, 3313.845, or 3326.45 of the Revised Code, under which the educational service center will provide services to the political subdivision. Services provided under the contract and the amount to be paid for such services shall be mutually agreed to by the parties and shall be specified in the contract. The political subdivision shall directly pay an educational service center for services specified in the contract. The board of the educational service center shall file a copy of each contract entered into under this section with the department of education and workforce by the first day the contract is in effect.
Sec. 3313.90. As used in this section, "formula ADM" has the same meaning as in section 3317.02 of the Revised Code. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section that apply to a city school district do not apply to any joint vocational or cooperative education school district.
(A) Except as provided in division (B) of this section, each city, local, and exempted village school district shall, by one of the following means, provide to students enrolled in grades seven through twelve career-technical education adequate to prepare a student enrolled therein for an occupation:
(1)
Establishing and maintaining a career-technical education program
that meets standards adopted by the state
board department
of
education
and
workforce;
(2)
Being a member of a joint vocational school district that meets
standards adopted by the
state
board
department;
(3)
Contracting for career-technical education with a joint vocational
school district or another school district that meets the standards
adopted by the
state
board
department.
The
standards of the state
board of education department
shall
include criteria for the participation by nonpublic students in
career-technical education programs without financial assessment,
charge, or tuition to such student except such assessments, charges,
or tuition paid by resident public school students in such programs.
Such nonpublic school students shall be included in the formula ADM
of the school district maintaining the career-technical education
program as part-time students in proportion to the time spent in the
career-technical education program.
By
the thirtieth day of October of each year, the superintendent
of public instruction director
of education and workforce shall
determine and certify to the superintendent of each school district
subject to this section either that the district is in compliance
with the requirements of this section for the current school year or
that the district is not in compliance. If the superintendent
director
certifies
that the district is not in compliance, he
the
director shall
notify the board of education of the district of the actions
necessary to bring the district into compliance with this section.
In
meeting standards established by the
state
board of education
department,
school districts, where practicable, shall provide career-technical
education programs in high schools. A minimum enrollment of fifteen
hundred students in grades nine through twelve is established as a
base for comprehensive career-technical education course offerings.
Beginning with the 2015-2016 school year, this base shall increase to
a minimum enrollment of two thousand two hundred fifty students in
grades seven through twelve. A school district may meet this
requirement alone, through a cooperative arrangement pursuant to
section 3313.92 of the Revised Code, through school district
consolidation, by membership in a joint vocational school district,
by contract with a school district, by contract with a school
licensed by any state agency established by the Revised Code which
school operates its courses offered for contracting with public
schools under standards as to staffing and facilities comparable to
those prescribed by the state
board of education department
for
public schools provided no instructor in such courses shall be
required to be certificated by the state
department
of
education,
or in a combination of such ways. Exceptions to the minimum
enrollment prescribed by this section may be made by the state
board of education department
based
on sparsity of population or other factors indicating that
comprehensive educational and career-technical education programs as
required by this section can be provided through an alternate plan.
(B) If the board of education of a city, local, or exempted village school district adopts a resolution that specifies the district's intent not to provide career-technical education to students enrolled in grades seven and eight for a particular school year and submits that resolution to the department by the thirtieth day of September of that school year, the department shall waive the requirement for that district to provide career-technical education to students enrolled in grades seven and eight for that particular school year.
Sec. 3313.902. (A) As used in this section:
(1) "Approved industry credential or certificate" means a credential or certificate that is approved by the chancellor of higher education.
(2) "Approved institution" means an eligible institution that has been approved to participate in the adult diploma pilot program under this section.
(3) "Approved program of study" means a program of study offered by an approved institution that satisfies the requirements of division (B) of this section.
(4) An eligible student's "career pathway training program amount" means the following:
(a) If the student is enrolled in a tier one career pathway training program, $4,800;
(b) If the student is enrolled in a tier two career pathway training program, $3,200;
(c) If the student is enrolled in a tier three career pathway training program, $1,600.
(5) "Eligible institution" means any of the following:
(a) A community college established under Chapter 3354. of the Revised Code;
(b) A technical college established under Chapter 3357. of the Revised Code;
(c) A state community college established under Chapter 3358. of the Revised Code;
(d) An Ohio technical center recognized by the chancellor that provides post-secondary workforce education.
(6) "Eligible student" means an individual who is at least twenty years of age and has not received a high school diploma or a certificate of high school equivalence, as defined in section 4109.06 of the Revised Code.
(7) A "tier one career pathway training program" is a career pathway training program that requires more than six hundred hours of technical training, as determined by the department of education and workforce.
(8) A "tier two career pathway training program" is a career pathway training program that requires more than three hundred hours of technical training but less than six hundred hours of technical training, as determined by the department.
(9) A "tier three career pathway training program" is a career pathway training program that requires three hundred hours or less of technical training, as determined by the department.
(10) An eligible student's "work readiness training amount" means the following:
(a) If the student's grade level upon initial enrollment in an approved program of study at an approved institution is below the ninth grade, as determined in accordance with rules adopted under division (E) of this section, $1,500.
(b) If the student's grade level upon initial enrollment in an approved program of study at an approved institution is at or above the ninth grade, as determined in accordance with rules adopted under division (E) of this section, $750.
(B)
The adult diploma pilot program is hereby established to permit an
eligible institution to obtain approval from the superintendent
of public instruction department
of education and workforce and
the chancellor to develop and offer a program of study that allows an
eligible student to obtain a high school diploma. A program shall be
eligible for this approval if it satisfies all of the following
requirements:
(1)
The program allows an eligible student to complete the requirements
for obtaining a high school diploma that are specified in rules
adopted by
the superintendent under
division (E) of this section while also completing requirements for
an approved industry credential or certificate.
(2) The program includes career advising and outreach.
(3) The program includes opportunities for students to receive a competency-based education.
(C)
Notwithstanding sections 3313.61, 3313.611, 3313.613, 3313.614,
3313.618, and 3313.619 of the Revised Code, the state
board of education department
shall
grant a high school diploma to each eligible student who enrolls in
an approved program of study at an approved institution and completes
the requirements for obtaining a high school diploma that are
specified in rules adopted by
the superintendent under
division (E) of this section.
(D)(1) The department shall calculate the following amount for each eligible student enrolled in each approved institution's approved program of study:
(The student's career pathway training program amount + the student's work readiness training amount) X 1.2
(2) Except as provided in division (D)(4) of this section, the department shall pay the amount calculated for an eligible student under division (D)(1) of this section to the approved institution in which the student is enrolled in the following manner:
(a) Twenty-five per cent of the amount calculated under division (D)(1) of this section shall be paid to the approved institution after the student successfully completes the first third of the approved program of study, as determined by the department;
(b) Twenty-five per cent of the amount calculated under division (D)(1) of this section shall be paid to the approved institution after the student successfully completes the second third of the approved program of study, as determined by the department;
(c) Fifty per cent of the amount calculated under division (D)(1) of this section shall be paid to the approved institution after the student successfully completes the final third of the approved program of study, as determined by the department.
(3) Of the amount paid to an approved institution under division (D)(2) of this section, the institution may use the amount that is in addition to the student's career pathway training amount and the student's work readiness training amount for the associated services of the approved program of study. These services include counseling, advising, assessment, and other services as determined or required by the department.
(4)
If the superintendent
department
and
the chancellor determine that is
it it
is appropriate
for an entity other than the department to make full or partial
payments for an eligible student under division (D)(2) of this
section, that entity shall make those payments and the department
shall not make those payments.
(E)
The superintendentdirector
of education and workforce,
in consultation with the chancellor, shall adopt rules for the
implementation of the adult diploma pilot program, including all of
the following:
(1) The requirements for applying for program approval;
(2) The requirements for obtaining a high school diploma through the program, including the requirement to obtain a passing score on an assessment that is appropriate for the career pathway training program that is being completed by the eligible student, and the date on which these requirements take effect;
(3) The assessment or assessments that may be used to complete the assessment requirement for each career pathway training program under division (E)(2) of this section and the score that must be obtained on each assessment in order to pass the assessment;
(4) Guidelines regarding the funding of the program under division (D) of this section, including a method of funding for students who transfer from one approved institution to another approved institution prior to completing an approved program of study;
(5) Circumstances under which an eligible student may be charged for tuition, supplies, or associated fees while enrolled in an approved institution's approved program of study;
(6) A requirement that an eligible student may not be charged for tuition, supplies, or associated fees while enrolled in an approved institution's approved program of study except in the circumstances described under division (E)(5) of this section;
(7) The payment of federal funds that are to be used by approved programs of study at approved institutions.
Sec. 3313.903. Except as otherwise required under federal law, the department of education and workforce shall consider an industry-recognized credential, as approved under section 3313.6113 of the Revised Code, or a license issued by a state agency or board for practice in a vocation that requires an examination for issuance of that license as an acceptable measure of technical skill attainment and shall not require a student with such credential or license to take additional technical assessments.
Additionally, the department shall not require a student who has participated in or will be participating in a credentialing assessment aligned to the student's career-technical education program or has participated in or will be participating in taking an examination for issuance of such a license aligned to the student's career-technical education program to take additional technical assessments.
However, if the student does not participate in the credentialing assessment or license examination, the student shall take the applicable technical assessments prescribed by the department.
The department shall develop, in consultation with the Ohio association for career and technical education, the Ohio association of career-technical superintendents, the Ohio association of city career-technical schools, and other stakeholders, procedures for identifying industry-recognized credentials and licenses aligned to a student's career-technical education program that can be used as an acceptable measure of technical skill, and for identifying students in the process of earning such credentials and licenses. The department shall consider the possibility of attaining college credit as a factor when identifying an acceptable measure of technical skill.
Not later than the thirty-first day of May of each year, the department shall, in consultation with the Ohio association for career and technical education, the Ohio association of career-technical superintendents, and the Ohio association of comprehensive and compact career-technical schools, update a list developed by the department regarding technical assessments subject to this section.
As
used in this section, "technical assessments" shall not
include the nationally recognized job skills assessment prescribed
under division
(G)
(F)
of
section 3301.0712 of the Revised Code.
Nothing in this section shall exempt a student who wishes to qualify for a high school diploma under division (A)(3) of section 3313.618 of the Revised Code from the requirement to attain a specified score on that assessment in order to qualify for a high school diploma under that section.
Sec. 3313.904. The department of education and workforce and the department of job and family services, in consultation with the governor's office of workforce transformation, shall establish an option for career-technical education students to participate in pre-apprenticeship training programs that impart the skills and knowledge needed for successful participation in a registered apprenticeship occupation course.
Sec. 3313.905. (A) Southern state community college shall establish and maintain, for a period of five years, the Ohio code-scholar pilot program to address technical workforce needs.
(B) Not later than July 31, 2021, southern state community college shall appoint a program coordinator who shall be responsible for all of the following, as well as any other responsibilities as determined by the southern state community college board of trustees:
(1) Form a coalition and act as the liaison between southern state community college and the coalition to develop the pilot program.
The coalition shall include members from the following:
(a) The department of education and workforce;
(b) Educators in grades kindergarten through twelve;
(c) Career technical education staff;
(d) Educational service center staff;
(e) Representatives of post-secondary institutions in the areas in which the pilot program is operating;
(f) Federally and state-funded research organizations, as determined by the southern state community college board of trustees and the program coordinator;
(g) Local businesses in the areas in which the pilot program is operating, as determined by the southern state community college board of trustees and the program coordinator.
(2) In collaboration with the coalition, as described in division (B)(1) of this section, develop a curriculum for grades seven through twelve to be utilized by the pilot program that focuses on industry standards in the field of computer sciences, including coding, and is divided as follows:
(a) For grades seven and eight, a focus on career exploration, career readiness initiatives, and an introduction to coding and computer sciences;
(b) For grades nine through twelve, a focus on intermediate and advanced coding, computer sciences, and the potential for industry level credentialing.
(3) Submit an annual report to southern state community college regarding the progress and implementation of the pilot program;
(4) Determine the manner in which the pilot program shall recruit school districts and other participants for the fall of 2021 from the following counties:
(a) Southern Ohio, specifically, Fayette, Clinton, Adams, and Highland counties;
(b) Brown county;
(c) Pike county.
(5) Develop a structured timeline by which the pilot program shall operate over the five-year period, with full administration beginning in the fall of 2022;
(6) Determine the manner in which to incorporate the college credit plus program as established under Chapter 3365. of the Revised Code within the pilot program;
(7) In collaboration with the designated department, advisor, and instructor, as appointed by southern state community college, develop a system for the articulation of credits earned under the pilot program and align them into a for-credit program at southern state community college;
(8) Act as fiscal operator of the pilot program.
(C) Upon completion of the pilot program, southern state community college, in collaboration with the program coordinator, shall submit a full report and any legislative recommendations to the General Assembly, in accordance with section 101.68 of the Revised Code, regarding the outcomes of the pilot program.
Sec. 3313.906. (A) As used in this section, "digital learning" has the same meaning as in section 3301.079 of the Revised Code.
(B)
The state
board department
of
education
and
workforce
shall
permit each career-technical education program approved under section
3317.161 of the Revised Code to provide remote or digital learning
opportunities to students on a full-time or hybrid basis to the
extent practicable.
Sec. 3313.91. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section and section 3313.911 of the Revised Code that apply to a city school district do not apply to any joint vocational or cooperative education school district unless otherwise specified.
The
board of education of any city, local, exempted village, or joint
vocational school district may contract with any public agency,
board, or bureau, or with any private individual or firm for the
purchase of any vocational education or vocational rehabilitation
service for any resident of the district under the age of twenty-one
years and may pay for such services with public funds. Any such
vocational education or vocational rehabilitation service shall meet
the same requirements, including those for teachers, facilities, and
equipment, as those required of the public schools and be approved by
the state
department
of education
and
workforce.
The
state
board of education department
may
assign city, local, or exempted village school districts to joint
vocational districts and pursuant to state
board the
department's rules,
shall require such districts to enter into contractual agreements
pursuant to section 3313.90 of the Revised Code so that special
education students as well as others may receive suitable vocational
services. Such rules shall prescribe a formula under which the
district that contracts to receive the services agrees to pay an
annual fee to the district providing the vocational education
program. The amount of the fee shall be computed in accordance with a
formula prescribed by state
board the
department's rule,
but the rule shall permit the superintendent
of public instruction director
of education and workforce to
prescribe a lower fee than the amount required to be paid by the
formula in cases where
he
the
director
determines
either that the approved vocational course offerings of the district
that is to pay the fee are of sufficient breadth to warrant a lower
annual fee, or that the situation warrants a lower annual fee.
Sec.
3313.911. The
state
board department
of
education and
workforce may
adopt
a resolution assigning assign
a
city, exempted village, or local school district that is not a part
of a joint vocational school district to membership in a joint
vocational school district.
A
copy of the resolution
The
department shall
be
certified to notify
the
board of education of the joint vocational school district and the
board of education of the district proposed to be assigned
of
the assignment.
The board of education of the joint vocational school district shall
advertise a
copy of the resolution the
assignment in
a newspaper of general circulation in the district proposed to be
assigned once each week for two weeks, or as provided in section 7.16
of the Revised Code, immediately following the certification of the
resolution
assignment
to
the board. The assignment shall take effect on the ninety-first day
after the
state
board adopts the resolution
department
notifies the board,
unless prior to that date qualified electors residing in the school
district proposed for assignment, equal in number to ten per cent of
the qualified electors of that district voting at the last general
election, file a petition against the assignment.
The petition of referendum shall be filed with the treasurer of the board of education of the district proposed to be assigned to the joint vocational school district. The treasurer shall give the person presenting the petition a receipt showing the time of day, date, and purpose of the petition. The treasurer shall cause the board of elections to determine the sufficiency of signatures on the petition and if the signatures are found to be sufficient, shall present the petition to the board of education of the district. The board of education shall promptly certify the question to the board of elections for the purpose of having the question placed on the ballot at the next general, primary, or special election not earlier than sixty days after the date of the certification.
Only
those qualified electors residing in the district proposed for
assignment to the joint vocational school district are qualified to
vote on the question. If a majority of the electors voting on the
question vote against the assignment, it shall not take place, and
the state
board of education department
shall
require the district to contract with the joint vocational school
district or another school district as authorized by section 3313.91
of the Revised Code.
If a majority of the electors voting on the question do not vote against the assignment, the assignment shall take immediate effect, and the board of education of the joint vocational school district shall notify the county auditor of the county in which the school district becoming a part of the joint vocational school district is located to have any outstanding levy of the joint vocational school district spread over the territory of the school district that has become a part of the joint vocational school district.
The assignment of a school district to a joint vocational school district pursuant to this section is subject to any agreements made between the board of education of the assigned school district and the board of education of the joint vocational school district. Such an agreement may include provisions for a payment by the assigned school district to the joint vocational school district of an amount to be contributed toward the cost of the existing facilities of the joint vocational school district.
Sec.
3313.92. (A)
The boards of education of any two or more school districts may,
subject to the approval of the superintendent
of public instructiondepartment
of education and workforce,
enter into agreements for the joint or cooperative construction,
acquisition, or improvement of any building, structure, or facility
benefiting the parties thereto, including, without limitation,
schools and classrooms for the purpose of Chapter 3323. of the
Revised Code, and for the management, operation, occupancy, use,
maintenance, or repair thereof, or for the joint or cooperative
participation in programs, projects, activities, or services in
connection with such buildings, structures, or facilities, including
participation in the Ohio education computer network established by
section 3301.075 of the Revised Code.
(B) Any agreement entered into under authority of this section shall, where appropriate, provide for:
(1) The method by which the building, structure, or facility shall be constructed, acquired, or improved and by which it shall be managed, occupied, maintained, and repaired, and specifically a designation of one of the boards of education to take and have exclusive charge of any and all details of construction, acquisition, or improvement, including any advertising for bids and the award of any construction or improvement contract pursuant to the law applicable to such board of education;
(2) The manner in which the title to the buildings, structures, or facilities, including the sites and interests in real estate necessary therefor, is to be held by one or more of such boards of education;
(3) The management or administration of any such programs, projects, activities, services, or joint exercise of powers, which may include management or administration by one of said boards of education;
(4) The manner of apportionment or sharing of all of the costs, or specified classes of costs, including without limitation costs of planning, construction, acquisition, improvement, management, operation, maintenance, or repair of such buildings, structures, or facilities, or of planning and conducting such programs or projects, or obtaining such services, which apportionment or sharing may be based on fixed amounts, or on ratios or formulas, or affected through tuitions to be contributed by the parties or in such manner therein provided.
(C) Any agreement entered into under authority of this section may provide for:
(1) An orderly process for making determinations as to planning, execution, implementation, and operation, which may include provisions for a committee, board, or commission, and for representation thereon;
(2) Securing necessary personnel, including participation of teachers and other personnel from the respective school districts;
(3) Standards or conditions for the admission or participation of students and others, including students from other school districts;
(4) Conditions for admittance of other school districts to participation under the agreement;
(5) Fixing or establishing the method of determining special charges to be made for particular services or materials;
(6) The manner of amending, supplementing, terminating, or withdrawal or removal of any party from, the agreement, and the term of the agreement or an indefinite term;
(7) Designation of the applicants for or recipients of any state, federal, or other aid, assistance, or loans available by reason of any activities conducted under the agreement;
(8) Designation of one or more of the participating boards of education to maintain, prepare, and submit, on behalf of all parties to the agreement, any or all records and reports with regard to the activities conducted under the agreement, including without limitation those required under sections 3301.14, 3313.50, 3319.32 to 3319.37, 3321.12, 3323.08, and 3323.13 of the Revised Code;
(9) Such other matters as the parties thereto may agree upon for the purposes of division (A) of this section.
(D) For the purpose of paying or contributing its share under an agreement made under this section, a board of education may:
(1) Appropriate any moneys from its general fund, and from any other funds not otherwise restricted by law, including funds for permanent improvements of such board of education where the contribution is to be made toward the cost of permanent improvements under the agreement;
(2) Issue bonds, and notes in anticipation thereof, under Chapter 133. and section 3311.20 of the Revised Code for any permanent improvement, as defined in section 133.01 of the Revised Code, to be provided under such agreement;
(3) Levy taxes, and issue notes in anticipation thereof, under Chapters 3311. and 5705. of the Revised Code pertaining to such board of education, provided that the purpose of such levy may include the provision of funds for either or both permanent improvements and current operating expenses required as the share of such board of education under such agreement;
(4) Contribute real and personal property for use under such agreement without necessity for competitive bidding on disposition of such property.
(E) Funds provided by the parties to an agreement entered into under this section, whether by appropriation, the levy of taxes, the issuance of bonds or notes, or otherwise, shall be transferred to and placed in a separate fund or funds of such participating board of education as is designated the fiscal agent for such purpose under the agreement, shall be appropriated to and shall be applied for the purposes provided in such agreement, and shall be subject to audit and, pursuant to any determinations to be made as provided under such agreement, shall be deposited, invested, and disbursed under the provisions of law applicable to the board of education in whose custody those funds are held; and the records and reports of such board of education under Chapter 117. of the Revised Code with respect to those funds shall be sufficient without necessity for reports thereon by the other boards of education participating under such agreement.
(F) As used in this section, "construction, acquisition, or improvement of any building, structure, or facility" also includes acquisition of real estate and interests in real estate therefor, site improvements, and furniture, furnishings, and equipment therefor. Buildings, structures, or facilities constructed, acquired, or improved under this section may, subject to the agreement, be used for any lawful purpose by each party so long as the use thereof is an authorized proper use for that party.
(G) Any agreement entered into under this section shall be subject to any laws hereafter enacted making express reference therein to this section and requiring the transfer of any functions exercised or properties held under such agreement to any public officer, board, or body heretofore or hereafter established, or requiring the termination of such agreement, or otherwise affecting the agreement.
(H) The powers granted in this section are supplementary to, and not in derogation of or restriction upon, all other powers of boards of education of school districts, and are to be liberally construed to permit the achievement of the objectives of this section and to permit the boards of education to take advantage of federal grant and loan programs, provided that the exercise of such powers shall be subject to such audit and regulation as would be applicable if exercised under any other provision of the Revised Code.
Sec. 3313.941. (A) As used in this section, "state agency" means every organized body, office, or agency established by the laws or constitution of this state for the exercise of any function of state government.
(B) Whenever a school district board of education collects racial data for the students enrolled in the school district or whenever the department of education and workforce or any other state agency collects or requires the collection and reporting of racial data for students enrolled in any chartered public or nonpublic school, the data collection shall include a multiracial category.
For the purpose of reporting student racial data required by the federal government, if the federal standards for reporting student racial data do not include a multiracial category, both of the following apply:
(1) Students identified as multiracial for state or district purposes also shall be identified by an appropriate federal category.
(2) The parent, guardian, or custodian of each student shall have the opportunity to designate the appropriate federal racial category for the student.
Sec. 3313.97. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district.
(A) As used in this section:
(1) "Parent" has the same meaning as in section 3313.64 of the Revised Code.
(2) "Alternative school" means a school building other than the one to which a student is assigned by the district superintendent.
(3) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(B) The board of education of each city, local, and exempted village school district shall adopt an open enrollment policy allowing students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code to enroll in an alternative school. Each policy shall provide for the following:
(1) Application procedures, including deadlines for application and for notification of students and principals of alternative schools whenever a student's application is accepted. The policy shall require a student to apply only if the student wishes to attend an alternative school.
(2) The establishment of district capacity limits by grade level, school building, and education program;
(3) A requirement that students enrolled in a school building or living in any attendance area of the school building established by the superintendent or board be given preference over applicants;
(4) Procedures to ensure that an appropriate racial balance is maintained in the district schools.
Each policy may permit a student to permanently transfer to an alternative school so that the student need not reapply annually for permission to attend the alternative school.
(C) Except as provided in section 3313.982 of the Revised Code, the procedures for admitting applicants to alternative schools shall not include:
(1) Any requirement of academic ability, or any level of athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of disabling conditions, except that a board may require a student receiving services under Chapter 3323. of the Revised Code to attend school where the services described in the student's IEP are available;
(3) A requirement that the student be proficient in the English language;
(4) Rejection of any applicant because the student has been subject to disciplinary proceedings, except that if an applicant has been suspended or expelled for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant to an alternative school.
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and except as provided in division (D)(2) of this section, a district board is not required to provide transportation to a nondisabled student enrolled in an alternative school unless such student can be picked up and dropped off at a regular school bus stop designated in accordance with the board's transportation policy or unless the board is required to provide additional transportation to the student in accordance with a court-approved desegregation plan.
(2)
A district board shall provide transportation to any student
described in 20 U.S.C. 6316(b)(1)(F) to the extent required by
division (E)
(D)
of
section 3302.04 of the Revised Code, except that no district board
shall be required to provide transportation to any such student after
the school in which the student was enrolled immediately prior to
enrolling in the alternative school makes adequate yearly progress,
as defined in section 3302.01 of the Revised Code, for two
consecutive school years.
(E) Each school board shall provide information about the policy adopted under this section and the application procedures and deadlines to the parent of each student in the district and to the general public.
(F)
The state
board department
of
education
and
workforce
shall
monitor school districts to ensure compliance with this section and
the districts' policies.
Sec. 3313.974. As used in this section and in sections 3313.975 to 3313.979 of the Revised Code:
(A) "Individualized education program" and "child with a disability" have the same meanings as in section 3323.01 of the Revised Code.
(B) "Separately educated student with a disability" means a child with a disability who has an individualized education program providing for the student to spend at least half of each school day in a class or setting separated from nondisabled students.
(C)
"Low-income family" means a family whose income is below
the level which the superintendent
of public instruction department
of education and workforce shall
establish.
(D) "Parent" has the same meaning as in section 3313.98 of the Revised Code.
(E)
"Registered private school" means a school registered with
the superintendent
of public instruction director
of education and workforce pursuant
to section 3313.976 of the Revised Code.
(F) "Alternative school" means a registered private school located in a school district or a public school located in an adjacent school district.
(G) "Tutorial assistance" means instructional services provided to a student outside of regular school hours approved by the commission on school choice pursuant to section 3313.976 of the Revised Code.
Sec. 3313.975. As used in this section and in sections 3313.976 to 3313.979 of the Revised Code, "the pilot project school district" or "the district" means any school district included in the pilot project scholarship program pursuant to this section.
(A)
The superintendent
of public instruction director
of education and workforce shall
establish
a implement
the pilot
project scholarship program and shall include in such program any
school districts that are or have ever been under federal court order
requiring supervision and operational management of the district by
the state superintendent
or
director.
The program shall provide for a number of students residing in any
such district to receive scholarships to attend alternative schools,
and for an equal number of students to receive tutorial assistance
grants while attending public school in any such district.
(B)
The state
superintendent director
shall
establish an application process and deadline for accepting
applications from students residing in the district to participate in
the scholarship program. In the initial year of the program students
may only use a scholarship to attend school in grades kindergarten
through third.
The
state
superintendent director
shall
award as many scholarships and tutorial assistance grants as can be
funded given the amount appropriated for the program.
(C)(1) The pilot project program shall continue in effect each year that the general assembly has appropriated sufficient money to fund scholarships and tutorial assistance grants. In each year the program continues, new students may receive scholarships in grades kindergarten to twelve. A student who has received a scholarship may continue to receive one until the student has completed grade twelve.
(2)
If the general assembly discontinues the scholarship program, all
students who are attending an alternative school under the pilot
project shall be entitled to continued admittance to that specific
school through all grades that are provided in such school, under the
same conditions as when they were participating in the pilot project.
The state
superintendent director
shall
continue to make scholarship payments in accordance with section
3317.022 of the Revised Code for students who remain enrolled in an
alternative school under this provision in any year that funds have
been appropriated for this purpose.
If funds are not appropriated, the tuition charged to the parents of a student who remains enrolled in an alternative school under this provision shall not be increased beyond the amount equal to the amount of the scholarship plus any additional amount charged that student's parent in the most recent year of attendance as a participant in the pilot project, except that tuition for all the students enrolled in such school may be increased by the same percentage.
(D) Notwithstanding sections 124.39 and 3311.83 of the Revised Code, if the pilot project school district experiences a decrease in enrollment due to participation in a state-sponsored scholarship program pursuant to sections 3313.974 to 3313.979 of the Revised Code, the district board of education may enter into an agreement with any teacher it employs to provide to that teacher severance pay or early retirement incentives, or both, if the teacher agrees to terminate the employment contract with the district board, provided any collective bargaining agreement in force pursuant to Chapter 4117. of the Revised Code does not prohibit such an agreement for termination of a teacher's employment contract.
Sec.
3313.976. (A)
No private school may receive scholarship payments from parents
pursuant to section 3317.022 of the Revised Code until the chief
administrator of the private school registers the school with the
superintendent
of public instruction
director
of education and workforce.
The state
superintendent director
shall
register any school that meets the following requirements:
(1) The school does any of the following:
(a) Offers any of grades kindergarten through twelve and is located within the boundaries of the pilot project school district;
(b) Offers any of grades kindergarten through twelve and is located within the boundaries of a city, local, or exempted village school district that is both:
(i) Located in a municipal corporation with a population of fifteen thousand or more;
(ii) Located within five miles of the border of the pilot project school district.
(c) Offers all of grades pre-kindergarten through eight, but not any of grades nine through twelve, and is located within the boundaries of a city, local, or exempted village school district that is:
(i) Located in a municipal corporation with a population of greater than ten thousand but less than thirteen thousand;
(ii) Located within five miles of the border of the pilot project school district;
(iii) Located in the same county as the pilot project school district.
(2) The school indicates in writing its commitment to follow all requirements for a state-sponsored scholarship program specified under sections 3313.974 to 3313.979 of the Revised Code, including, but not limited to, the requirements for admitting students pursuant to section 3313.977 of the Revised Code;
(3)
The school meets all state minimum standards for chartered nonpublic
schools in effect on July 1, 1992, except that the state
superintendent director
at
the superintendent's
director's
discretion
may register nonchartered nonpublic schools meeting the other
requirements of this division;
(4) The school does not discriminate on the basis of race, religion, or ethnic background;
(5) The school enrolls a minimum of ten students per class or a sum of at least twenty-five students in all the classes offered;
(6) The school does not advocate or foster unlawful behavior or teach hatred of any person or group on the basis of race, ethnicity, national origin, or religion;
(7) The school does not provide false or misleading information about the school to parents, students, or the general public;
(8)
For students in grades kindergarten through eight with family incomes
at or below two hundred per cent of the federal poverty guidelines,
as defined in section 5104.46
5101.46
of
the Revised Code, the school agrees not to charge any tuition in
excess of the scholarship amount established pursuant to division
(A)(11)(a) of section 3317.022 of the Revised Code, excluding any
increase described in that division.
(9) For students in grades kindergarten through eight with family incomes above two hundred per cent of the federal poverty guidelines, whose scholarship amounts are less than the actual tuition charge of the school, the school agrees not to charge any tuition in excess of the difference between the actual tuition charge of the school and the scholarship amount established pursuant to division (A)(11)(a) of section 3317.022 of the Revised Code, excluding any increase described in that division. The school shall permit such tuition, at the discretion of the parent, to be satisfied by the family's provision of in-kind contributions or services.
(10) The school agrees not to charge any tuition to families of students in grades nine through twelve receiving a scholarship in excess of the actual tuition charge of the school less the scholarship amount established pursuant to division (A)(11)(a) of section 3317.022 of the Revised Code, excluding any increase described in that division.
(11) It annually administers the applicable assessments prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code to each scholarship student enrolled in the school in accordance with section 3301.0711 or 3301.0712 of the Revised Code and reports to the department of education the results of each such assessment administered to each scholarship student, unless one of the following applies to the student:
(a) The student is excused from taking that assessment under federal law, the student's individualized education program, or division (C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(b) The student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) or (L)(4) of section 3301.0711 of the Revised Code.
(c) The student is enrolled in any of grades three to eight and takes an alternative standardized assessment under division (K)(1) of section 3301.0711 of the Revised Code.
(d) The student is excused from taking the assessment prescribed under division (B)(1) of section 3301.0712 of the Revised Code pursuant to division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(B)
The state
superintendent director
shall
revoke the registration of any school if, after a hearing, the
superintendent
director
determines
that the school is in violation of any of the provisions of division
(A) of this section.
(C)
Any public school located in a school district adjacent to the pilot
project school district may receive scholarship payments on behalf of
parents pursuant to section 3317.022 of the Revised Code if the
superintendent of the district in which such public school is located
notifies the state
superintendent director
prior
to the first day of March that the district intends to admit students
from the pilot project school district for the ensuing school year
pursuant to section 3327.06 of the Revised Code.
(D)
Any parent wishing to purchase tutorial assistance from any person or
governmental entity pursuant to the pilot project program under
sections 3313.974 to 3313.979 of the Revised Code shall apply to the
state
superintendent
director.
The state
superintendent director
shall
approve providers who appear to possess the capability of furnishing
the instructional services they are offering to provide.
Sec.
3313.978. (A)
Annually by the first day of November, the superintendent
of public instruction director
of education and workforce shall
notify the pilot project school district of the number of initial
scholarships that the state
superintendent director
will
be awarding in each of grades kindergarten through twelve.
The
state
superintendent director
shall
provide information about the scholarship program to all students
residing in the district and shall accept applications from any such
students during the application period established under division (H)
of this section.
(1) A student receiving a pilot project scholarship may utilize it at an alternative public school by notifying the district superintendent, of the name of the public school in an adjacent school district to which the student has been accepted pursuant to section 3327.06 of the Revised Code.
(2) A student may decide to utilize a pilot project scholarship at a registered private school in the district if all of the following conditions are met:
(a) The parent makes an application on behalf of the student to a registered private school.
(b)
The registered private school notifies the parent and the state
superintendent director
as
follows that the student has been admitted:
(i) By the school pursuant to division (A) of section 3313.977 of the Revised Code;
(ii) By the school pursuant to division (C) of section 3313.977 of the Revised Code.
(c) The student actually enrolls in the registered private school to which the student was first admitted or in another registered private school in the district or in a public school in an adjacent school district.
(B)
The state
superintendent director
of education and workforce shall
also award in any school year tutorial assistance grants to a number
of students equal to the number of students who receive scholarships
under division (A) of this section. Tutorial assistance grants shall
be awarded solely to students who are enrolled in the public schools
of the district in a grade level covered by the pilot project.
Tutorial assistance grants may be used solely to obtain tutorial
assistance from a provider approved pursuant to division (D) of
section 3313.976 of the Revised Code.
All
students wishing to obtain tutorial assistance grants shall make
application to the state
superintendent director
by
the first day of the school year in which the assistance will be
used. The state
superintendent director
shall
award assistance grants in accordance with criteria the
superintendent
director
shall
establish.
(C) In the case of tutorial assistance grants, the grant amount shall not exceed the lesser of the provider's actual charges for such assistance or:
(1)
Before fiscal year 2007, a percentage established by the state
superintendentdirector,
not to exceed twenty per cent, of the amount of the pilot project
school district's average basic scholarship amount;
(2) In fiscal year 2007 and thereafter, four hundred dollars.
(D)(1)
Annually by the first day of November, the state
superintendent director
shall
estimate the maximum per-pupil scholarship amounts for the ensuing
school year. The state
superintendent director
shall
make this estimate available to the general public at the offices of
the district board of education together with the forms required by
division (D)(2) of this section.
(2) Annually by the fifteenth day of January, the chief administrator of each registered private school located in the pilot project district and the principal of each public school in such district shall complete a parental information form and forward it to the president of the board of education. The parental information form shall be prescribed by the department of education and workforce and shall provide information about the grade levels offered, the numbers of students, tuition amounts, achievement test results, and any sectarian or other organizational affiliations.
(E)(1) Only for the purpose of administering the pilot project scholarship program, the department may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any student who is seeking a scholarship under the program:
(a) The school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code;
(b) If applicable, the community school in which the student is enrolled;
(c) The independent contractor engaged to create and maintain data verification codes.
(2) Upon a request by the department under division (E)(1) of this section for the data verification code of a student seeking a scholarship or a request by the student's parent for that code, the school district or community school shall submit that code to the department or parent in the manner specified by the department. If the student has not been assigned a code, because the student will be entering kindergarten during the school year for which the scholarship is sought, the district shall assign a code to that student and submit the code to the department or parent by a date specified by the department. If the district does not assign a code to the student by the specified date, the department shall assign a code to the student.
The department annually shall submit to each school district the name and data verification code of each student residing in the district who is entering kindergarten, who has been awarded a scholarship under the program, and for whom the department has assigned a code under this division.
(3) The department shall not release any data verification code that it receives under division (E) of this section to any person except as provided by law.
(F) Any document relative to the pilot project scholarship program that the department holds in its files that contains both a student's name or other personally identifiable information and the student's data verification code shall not be a public record under section 149.43 of the Revised Code.
(G)(1) The department annually shall compile the scores attained by scholarship students enrolled in registered private schools on the assessments administered to the students pursuant to division (A)(11) of section 3313.976 of the Revised Code. The scores shall be aggregated as follows:
(a) By school district, which shall include all scholarship students residing in the pilot project school district who are enrolled in a registered private school and were required to take an assessment pursuant to division (A)(11) of section 3313.976 of the Revised Code;
(b) By registered private school, which shall include all scholarship students enrolled in that school who were required to take an assessment pursuant to division (A)(11) of section 3313.976 of the Revised Code.
(2) The department shall disaggregate the student performance data described in division (G)(1) of this section according to the following categories:
(a) Grade level;
(b) Race and ethnicity;
(c) Gender;
(d) Students who have participated in the scholarship program for three or more years;
(e) Students who have participated in the scholarship program for more than one year and less than three years;
(f) Students who have participated in the scholarship program for one year or less;
(g) Economically disadvantaged students.
(3) The department shall post the student performance data required under divisions (G)(1) and (2) of this section on its web site and shall include that data in the information about the scholarship program provided to students under division (A) of this section. In reporting student performance data under this division, the department shall not include any data that is statistically unreliable or that could result in the identification of individual students. For this purpose, the department shall not report performance data for any group that contains less than ten students.
(4) The department shall provide the parent of each scholarship student enrolled in a registered private school with information comparing the student's performance on the assessments administered pursuant to division (A)(11) of section 3313.976 of the Revised Code with the average performance of similar students enrolled in the building operated by the pilot project school district that the scholarship student would otherwise attend. In calculating the performance of similar students, the department shall consider age, grade, race and ethnicity, gender, and socioeconomic status.
(H)
The department shall open the application period on the first day of
February prior to the first day of July of the school year for which
a scholarship is sought. Not later than forty-five days after an
applicant submits to the department of education
and
workforce
a
completed application, the department of
education
shall
determine whether that applicant is eligible for a scholarship and
notify the applicant whether or not the applicant is eligible. The
department of
education
shall
award a scholarship to each student with an approved application.
However, for any application submitted after the beginning of the
school year, the department of
education
shall
prorate the amount of the awarded scholarship based on how much of
the school year remains.
Sec. 3313.979. Each grant to be used for payments to an approved tutorial assistance provider is payable to the approved tutorial assistance provider.
(A)
By the fifteenth day of each month of the school year that any
scholarship students are enrolled in a registered private school, the
chief administrator of that school shall notify the state
superintendent director
of education and workforce of:
(1) The number of scholarship students who were reported to the school district as having been admitted by that private school pursuant to division (A)(2)(b) of section 3313.978 of the Revised Code and who were still enrolled in the private school as of the first day of such month;
(2) The number of scholarship students who were reported to the school district as having been admitted by another private school pursuant to division (A)(2)(b) of section 3313.978 of the Revised Code and since the date of admission have transferred to the school providing the notification under division (A) of this section.
(B)
Whenever an approved provider provides tutorial assistance to a
student, the state
superintendent director
shall
pay the approved provider for such costs upon receipt of a statement
specifying the services provided and the costs of the services, which
statement shall be signed by the provider and verified by the chief
administrator having supervisory control over the tutoring site. The
total payments to any approved provider under this division for all
provider services to any individual student in any school year shall
not exceed the grant amount provided in division (C) of section
3313.978 of the Revised Code.
Sec. 3313.98. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section and sections 3313.981 to 3313.983 of the Revised Code that apply to a city school district do not apply to a joint vocational or cooperative education school district unless expressly specified.
(A) As used in this section and sections 3313.981 to 3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment or the natural or adoptive parents of the student are living separate and apart under a legal separation decree and the court has issued an order allocating the parental rights and responsibilities with respect to the student, "parent" means the residential parent as designated by the court except that "parent" means either parent when the court issues a shared parenting decree.
(b) When a court has granted temporary or permanent custody of the student to an individual or agency other than either of the natural or adoptive parents of the student, "parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student, "parent" means the guardian of the student.
(2) "Native student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village, or local school district having territory that abuts the territory of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in an adjacent district.
(5) "Adjacent district joint vocational student" means an adjacent district student who enrolls in a city, exempted village, or local school district pursuant to this section and who also enrolls in a joint vocational school district that does not contain the territory of the district for which that student is a native student and does contain the territory of the city, exempted village, or local district in which the student enrolls.
(6) "Poverty line" means the poverty line established by the director of the United States office of management and budget as revised by the secretary of health and human services in accordance with section 673(2) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(7) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(8) "Other district" means a city, exempted village, or local school district having territory outside of the territory of a district adopting a resolution under this section.
(9) "Other district student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in an other district.
(10) "Other district joint vocational student" means a student who is enrolled in any city, exempted village, or local school district and who also enrolls in a joint vocational school district that does not contain the territory of the district for which that student is a native student in accordance with a policy adopted under section 3313.983 of the Revised Code.
(B)(1) The board of education of each city, local, and exempted village school district shall adopt a resolution establishing for the school district one of the following policies:
(a) A policy that entirely prohibits the enrollment of students from adjacent districts or other districts, other than students for whom tuition is paid in accordance with section 3317.08 of the Revised Code;
(b) A policy that permits enrollment of students from all adjacent districts in accordance with policy statements contained in the resolution;
(c) A policy that permits enrollment of students from all other districts in accordance with policy statements contained in the resolution.
(2) A policy permitting enrollment of students from adjacent or from other districts, as applicable, shall provide for all of the following:
(a) Application procedures, including deadlines for application and for notification of students and the superintendent of the applicable district whenever an adjacent or other district student's application is approved.
(b) Procedures for admitting adjacent or other district applicants free of any tuition obligation to the district's schools, including, but not limited to:
(i) The establishment of district capacity limits by grade level, school building, and education program;
(ii) A requirement that all native students wishing to be enrolled in the district will be enrolled and that any adjacent or other district students previously enrolled in the district shall receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised Code, the procedures for admitting adjacent or other district students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of disability, except that a board may refuse to admit a student receiving services under Chapter 3323. of the Revised Code, if the services described in the student's IEP are not available in the district's schools;
(3) A requirement that the student be proficient in the English language;
(4) Rejection of any applicant because the student has been subject to disciplinary proceedings, except that if an applicant has been suspended or expelled by the student's district for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant.
(D)(1) Each school board permitting only enrollment of adjacent district students shall provide information about the policy adopted under this section, including the application procedures and deadlines, to the superintendent and the board of education of each adjacent district and, upon request, to the parent of any adjacent district student.
(2) Each school board permitting enrollment of other district students shall provide information about the policy adopted under this section, including the application procedures and deadlines, upon request, to the board of education of any other school district or to the parent of any student anywhere in the state.
(E) Any school board shall accept all credits toward graduation earned in adjacent or other district schools by an adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy discouraging or prohibiting its native students from applying to enroll in the schools of an adjacent or any other district that has adopted a policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native student in an adjacent or other district in order to maintain an appropriate racial balance.
(b) The board of education of a district receiving funds under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, may adopt a resolution objecting to the enrollment of its native students in adjacent or other districts if at least ten per cent of its students are included in the determination of the United States secretary of education made under section 20 U.S.C.A. 238(a).
(2) If a board objects to enrollment of native students under this division, any adjacent or other district shall refuse to enroll such native students unless tuition is paid for the students in accordance with section 3317.08 of the Revised Code. An adjacent or other district enrolling such students may not receive funding for those students in accordance with section 3313.981 of the Revised Code.
(G)
The state
board department
of
education
and
workforce
shall
monitor school districts to ensure compliance with this section and
the districts' policies. The board
department
may
adopt rules requiring uniform application procedures, deadlines for
application, notification procedures, and record-keeping requirements
for all school boards that adopt policies permitting the enrollment
of adjacent or other district students, as applicable. If the state
board department
adopts
such rules, no school board shall adopt a policy that conflicts with
those rules.
(H) A resolution adopted by a board of education under this section that entirely prohibits the enrollment of students from adjacent and from other school districts does not abrogate any agreement entered into under section 3313.841 or 3313.92 of the Revised Code or any contract entered into under section 3313.90 of the Revised Code between the board of education adopting the resolution and the board of education of any adjacent or other district or prohibit these boards of education from entering into any such agreement or contract.
(I) Nothing in this section shall be construed to permit or require the board of education of a city, exempted village, or local school district to exclude any native student of the district from enrolling in the district.
Sec.
3313.981. (A)
The state
board department
of
education
and
workforce
shall
adopt rules requiring all of the following:
(1)
The board of education of each city, exempted village, and local
school district to annually report to the department of
education all
of the following:
(a) The number of adjacent district or other district students in grades kindergarten through twelve, as applicable, the number of adjacent district or other district students who are preschool children with disabilities, as applicable, and the number of adjacent district or other district joint vocational students, as applicable, enrolled in the district, in accordance with a policy adopted under division (B) of section 3313.98 of the Revised Code;
(b) The number of native students in grades kindergarten through twelve enrolled in adjacent or other districts and the number of native students who are preschool children with disabilities enrolled in adjacent or other districts, in accordance with a policy adopted under division (B) of section 3313.98 of the Revised Code;
(c) Each adjacent district or other district student's or adjacent district or other district joint vocational student's date of enrollment in the district;
(d) The full-time equivalent number of adjacent district or other district students enrolled in each of the categories of career-technical education programs or classes described in section 3317.014 of the Revised Code;
(e) Each native student's date of enrollment in an adjacent or other district.
(2) The board of education of each joint vocational school district to annually report to the department all of the following:
(a) The number of adjacent district or other district joint vocational students, as applicable, enrolled in the district;
(b) The full-time equivalent number of adjacent district or other district joint vocational students enrolled in each category of career-technical education programs or classes described in section 3317.014 of the Revised Code;
(c) For each adjacent district or other district joint vocational student, the city, exempted village, or local school district in which the student is also enrolled.
(3)
Prior to the end of each reporting period specified in section
3317.03 of the Revised Code, the superintendent of each city, local,
or exempted village school district that admits adjacent district or
other district students who are in grades kindergarten through
twelve, adjacent district or other district students who are
preschool children with disabilities, or adjacent district or other
district joint vocational students in accordance with a policy
adopted under division (B) of section 3313.98 of the Revised Code to
report to the department
of
education
each
adjacent or other district's students and where those students who
are enrolled in the superintendent's district under the policy are
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
The rules shall provide for the method of counting students who are enrolled for part of a school year in an adjacent or other district or as an adjacent district or other district joint vocational student.
(B)
From the payments made to a city, exempted village, or local school
district under Chapter 3317. of the Revised Code and, if necessary,
from the payments made to the district under sections 321.24 and
323.156 of the Revised Code, the department of
education shall
annually subtract, for each native student who is a preschool child
with a disability reported under division (A)(1) of this section who
is enrolled in an adjacent or other district pursuant to policies
adopted by such a district under division (B) of section 3313.98 of
the Revised Code, $4,000.
(C)
To the payments made to a city, exempted village, or local school
district under Chapter 3317. of the Revised Code, the department
of
education
shall
annually add, for each adjacent district or other district student
who is a preschool child with a disability reported under division
(A)(1) of this section who is enrolled in the district, $4,000.
(D) No city, exempted village, or local school district shall receive a payment under division (C) of this section for a student if for the same school year that student is counted in the district's enrollment certified under section 3317.03 of the Revised Code.
(E)
Upon request of a parent, and provided the board offers
transportation to native students of the same grade level and
distance from school under section 3327.01 of the Revised Code, a
city, exempted village, or local school board enrolling an adjacent
or other district student shall provide transportation for the
student within the boundaries of the board's district, except that
the board shall be required to pick up and drop off a nonhandicapped
student only at a regular school bus stop designated in accordance
with the board's transportation policy. Pursuant to rules of the
state
board of education
department,
such board may reimburse the parent from funds received for pupil
transportation under section 3317.0212 of the Revised Code, or other
provisions of law, for the reasonable cost of transportation from the
student's home to the designated school bus stop if the student's
family has an income below the federal poverty line.
Sec. 3313.982. Notwithstanding division (C)(1) of section 3313.97 and division (C)(1) of section 3313.98 of the Revised Code:
(A) Any school district board operating any schools on October 1, 1989, admission to which was restricted to students possessing certain academic, athletic, artistic, or other skills, may continue to restrict admission to such schools.
(B)
Any district board that did not operate any schools described by
division (A) of this section on October 1, 1989, and that desires to
begin restricting admission to any school on the basis of student
academic, athletic, artistic, or other skills, may submit a plan
proposing such restricted admission to the state
board department
of
education. If the board
department
finds
that the plan will generally promote increased educational
opportunities for students in the district and will not unduly
restrict opportunities for some students, it may approve the plan and
the district board may implement it during the next ensuing school
year.
Sec. 3314.011. (A) Every community school established under this chapter shall have a designated fiscal officer. Except as provided for in division (C) of this section, the fiscal officer shall be employed by or engaged under a contract with the governing authority of the community school.
(B) Except as otherwise provided in section 3.061 of the Revised Code, the auditor of state shall require that the fiscal officer of any community school, before entering upon duties as fiscal officer of the school, execute a bond in an amount and with surety to be approved by the governing authority of the school, payable to the state, conditioned for the faithful performance of all the official duties required of the fiscal officer. The bond shall be deposited with the governing authority of the school, and a copy thereof, certified by the governing authority, shall be filed with the county auditor.
(C) Prior to assuming the duties of fiscal officer, the fiscal officer designated under this section shall be licensed under section 3301.074 of the Revised Code. Any person serving as a fiscal officer of a community school on March 22, 2013, who is not licensed as a treasurer shall be permitted to serve as a fiscal officer for not more than one year following March 22, 2013. Beginning on that date and thereafter, no community school shall permit any individual to serve as a fiscal officer without a license as required by this section.
(D)(1) The governing authority of a community school may adopt a resolution waiving the requirement that the governing authority is the party responsible to employ or contract with the designated fiscal officer, as prescribed by division (A) of this section, so long as the school's sponsor also approves the resolution. The resolution shall be valid for one year. A new resolution shall be adopted for each year that the governing authority wishes to waive this requirement, so long as the school's sponsor also approves the resolution.
No resolution adopted pursuant to this division may waive the requirement for a community school to have a designated fiscal officer.
(2) If the governing authority adopts a resolution pursuant to division (D)(1) of this section, the school's designated fiscal officer annually shall meet with the governing authority to review the school's financial status.
(3) The governing authority shall submit to the department of education and workforce a copy of each resolution adopted pursuant to division (D)(1) of this section.
Sec.
3314.012. (A)
Within
ninety days of September 28, 1999, the superintendent of public
instruction The
director of education and workforce shall
appoint representatives of the department of education
and
workforce,
including employees who work with the education management
information system, to a committee to develop report card models for
community schools. The committee shall design model report cards
appropriate for the various types of community schools approved to
operate in the state. Sufficient models shall be developed to reflect
the variety of grade levels served and the missions of the state's
community schools. All models shall include both financial and
academic data. The
initial models shall be developed by March 31, 2000.
(B) Except as provided in section 3314.017 of the Revised Code, the department of education and workforce shall issue an annual report card for each community school, regardless of how long the school has been in operation. The report card shall report the academic and financial performance of the school utilizing one of the models developed under division (A) of this section. The report card shall include all information applicable to school buildings under section 3302.03 of the Revised Code. The ratings a community school receives under section 3302.03 of the Revised Code for its first two full school years shall not be considered toward automatic closure of the school under section 3314.35 of the Revised Code or any other matter that is based on report card ratings.
(C)
Upon receipt of a copy of a contract between a sponsor and a
community school entered into under this chapter, the department
of
education
shall
notify the community school of the specific model report card that
will be used for that school.
(D) Report cards shall be distributed to the parents of all students in the community school, to the members of the board of education of the school district in which the community school is located, and to any person who requests one from the department.
Sec. 3314.013. (A) Until May 22, 2013, no internet- or computer-based community school shall operate unless the school was open for instruction as of May 1, 2005. No entity described in division (C)(1) of section 3314.02 of the Revised Code shall enter into a contract to sponsor an internet- or computer-based community school, including a conversion school, between May 1, 2005, and May 22, 2013, except as follows:
(1) The entity may renew a contract that the entity entered into with an internet- or computer-based community school prior to May 1, 2005, if the school was open for operation as of that date.
(2) The entity may assume sponsorship of an existing internet- or computer-based community school that was formerly sponsored by another entity and may enter into a contract with that community school in accordance with section 3314.03 of the Revised Code.
If a sponsor entered into a contract with an internet- or computer-based community school, including a conversion school, but the school was not open for operation as of May 1, 2005, the contract shall be void and the entity shall not enter into another contract with the school until May 22, 2013.
(B)(1)
Beginning on July 1, 2013, up to five new internet- or computer-based
community schools may open each year, subject to approval of the
superintendent
of public instruction director
of education and workforce under
division (B)(2) of this section.
(2)
The superintendent
of public instruction director
shall
approve applications for new internet- or computer-based community
schools from only those applicants demonstrating experience and
quality.
The
state
board department
of
education
and
workforce
shall
adopt rules prescribing measures to determine experience and quality
of applicants in accordance with Chapter 119. of the Revised Code.
The measures shall include, but not be limited to, the following
considerations:
(a) The sponsor's experience with online schools;
(b) The operator's experience with online schools;
(c) The sponsor's and operator's previous record for student performance;
(d) A preference for operators with previous experience in Ohio.
The
state board shall adopt the rules so that they are effective May 22,
2013.
(3)
The department
of
education
shall
notify any new internet- or computer-based community school governed
by division (B) of this section of whether the superintendent
director
has
approved or disapproved the school's application to open for the
2013-2014 school year not later than July 1, 2013. Notwithstanding
the dates prescribed for adoption and signing on sponsor contracts in
division (D) of section 3314.02 of the Revised Code, or the date for
opening a school for instruction required by division (A)(25) of
section 3314.03 of the Revised Code, a new internet- or
computer-based community school approved for opening for the
2013-2014 school year under division (B) of this section may open and
operate in that school year regardless of whether it has complied
with those contract and opening dates. For each school year
thereafter, the school shall comply with all applicable provisions of
this chapter.
(4) Notwithstanding divisions (B)(1) and (2) of this section, a sponsor rated "exemplary" on its most recent evaluation conducted under section 3314.016 of the Revised Code is permitted to open up to two new internet- or computer-based community schools that will primarily serve students enrolled in a dropout prevention and recovery program each year, not to exceed six new schools in a five-year period.
(C) Nothing in division (A) or (B) of this section prohibits an internet- or computer-based community school from increasing the number of grade levels it offers.
Sec. 3314.015. (A) The department of education and workforce shall be responsible for the oversight of any and all sponsors of the community schools established under this chapter and shall provide technical assistance to schools and sponsors in their compliance with applicable laws and the terms of the contracts entered into under section 3314.03 of the Revised Code and in the development and start-up activities of those schools. In carrying out its duties under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties, governing authorities, and sponsors, conduct training sessions and distribute informational materials;
(2) Approve entities to be sponsors of community schools;
(3) Monitor and evaluate, as required under section 3314.016 of the Revised Code, the effectiveness of any and all sponsors in their oversight of the schools with which they have contracted;
(4) By December thirty-first of each year, issue a report to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate committees principally responsible for education matters regarding the effectiveness of academic programs, operations, and legal compliance and of the financial condition of all community schools established under this chapter and on the performance of community school sponsors;
(5) From time to time, make legislative recommendations to the general assembly designed to enhance the operation and performance of community schools.
(B)(1)
Except as provided in sections 3314.021 and 3314.027 of the Revised
Code, no entity shall enter into a preliminary agreement under
division (C)(2) of section 3314.02 of the Revised Code or renew an
existing contract to sponsor a community school until it has received
approval from the department of
education to
sponsor community schools under this chapter and has entered into a
written agreement with the department regarding the manner in which
the entity will conduct such sponsorship.
On and after July 1, 2017, each entity that sponsors a community school in this state, except for an entity described in sections 3314.021 and 3314.027 of the Revised Code, shall attain approval from the department in order to continue sponsoring schools regardless of whether that entity intends to enter into a preliminary agreement or renew an existing contract.
All new and renewed agreements between the department and a sponsor shall contain specific language addressing the parameters under which the department can intervene and potentially revoke sponsorship authority in the event that the sponsor is unwilling or unable to fulfill its obligations. Additionally, each agreement shall set forth any territorial restrictions and limits on the number of schools that entity may sponsor, provide for an annual evaluation process, and include a stipulation permitting the department to modify the agreement under the following circumstances:
(a) Poor fiscal management;
(b) Lack of academic progress.
(2) The initial term of a sponsor's agreement with the department shall be for up to five years.
(a) An agreement entered into with the department pursuant to this section may be renewed for a term of up to ten years using the following criteria:
(i) The academic performance of students enrolled in each community school the entity sponsors, as determined by the department pursuant to division (B)(1)(a) of section 3314.016 of the Revised Code;
(ii) The sponsor's adherence to quality practices, as determined by the department pursuant to division (B)(1)(b) of section 3314.016 of the Revised Code;
(iii) The sponsor's compliance with all applicable laws and administrative rules.
(b) Each agreement between the department and a sponsor shall specify that entities with an overall rating of "exemplary" for at least two consecutive years shall not be subject to the limit on the number of community schools the entity may sponsor or any territorial restrictions on sponsorship, for so long as that entity continues to be rated "exemplary."
(c)
The state
board of education department
shall
adopt in accordance with Chapter 119. of the Revised Code rules
containing criteria, procedures, and deadlines for processing
applications for approval of sponsors, for oversight of sponsors, for
notifying a sponsor of noncompliance with applicable laws and
administrative rules under division (F) of this section, for
revocation of the approval of sponsors under division (C) of this
section, and for entering into written agreements with sponsors. The
rules shall require an entity to submit evidence of the entity's
ability and willingness to comply with the provisions of division (D)
of section 3314.03 of the Revised Code. The rules also shall require
all entities approved as sponsors to demonstrate a record of
financial responsibility and successful implementation of educational
programs. If an entity seeking approval to sponsor community schools
in this state sponsors or operates schools in another state, at least
one of the schools sponsored or operated by the entity must be
comparable to or better than the performance of Ohio schools in need
of continuous improvement under section 3302.03 of the Revised Code,
as determined by the department.
Subject to section 3314.016 of the Revised Code, an entity that sponsors community schools may enter into preliminary agreements and sponsor up to one hundred schools, provided each school and the contract for sponsorship meets the requirements of this chapter.
(3)
The state
board of education department
shall
determine, pursuant to criteria specified in rules adopted in
accordance with Chapter 119. of the Revised Code, whether the mission
proposed to be specified in the contract of a community school to be
sponsored by a state university board of trustees or the board's
designee under division (C)(1)(e) of section 3314.02 of the Revised
Code complies with the requirements of that division. Such
determination of the state
board department
is
final.
(4)
The state
board of education department
shall
determine, pursuant to criteria specified in rules adopted in
accordance with Chapter 119. of the Revised Code, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that is
proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the state
board department
is
final.
(C)
If at any time the state
board of education department
finds
that a sponsor is not in compliance or is no longer willing to comply
with its contract with any community school or with the department's
rules for sponsorship, the state
board or designee department
shall
conduct a hearing in accordance with Chapter 119. of the Revised Code
on that matter. If after the hearing, the state
board or designee department
has
confirmed the original finding,
the
department of education
it
may
revoke the sponsor's approval to sponsor community schools. In that
case, the department's office of Ohio school sponsorship, established
under section 3314.029 of the Revised Code, may assume the
sponsorship of any schools with which the sponsor has contracted
until the earlier of the expiration of two school years or until a
new sponsor as described in division (C)(1) of section 3314.02 of the
Revised Code is secured by the school's governing authority. The
office of Ohio school sponsorship may extend the term of the contract
in the case of a school for which it has assumed sponsorship under
this division as necessary to accommodate the term of the
department's authorization to sponsor the school specified in this
division. Community schools sponsored under this division shall not
apply to the limit on directly authorized community schools under
division (A)(3) of section 3314.029 of the Revised Code. However,
nothing in this division shall preclude a community school affected
by this division from applying for sponsorship under that section.
(D) The decision of the department to disapprove an entity for sponsorship of a community school or to revoke approval for such sponsorship under division (C) of this section, may be appealed by the entity in accordance with section 119.12 of the Revised Code.
(E) The department shall adopt procedures for use by a community school governing authority and sponsor when the school permanently closes and ceases operation, which shall include at least procedures for data reporting to the department, handling of student records, distribution of assets in accordance with section 3314.074 of the Revised Code, and other matters related to ceasing operation of the school.
(F)(1) In lieu of revoking a sponsor's authority to sponsor community schools under division (C) of this section, if the department finds that a sponsor is not in compliance with applicable laws and administrative rules, the department shall declare in a written notice to the sponsor the specific laws or rules, or both, for which the sponsor is noncompliant. A sponsor notified under division (F)(1) of this section shall respond to the department not later than fourteen days after the notification with a proposed plan to remedy the conditions for which the sponsor was found to be noncompliant. The department shall approve or disapprove the plan not later than fourteen days after receiving it. If the plan is disapproved, the sponsor may submit a revised plan to the department not later than fourteen days after receiving notification of disapproval from the department or not later than sixty days after the date the sponsor received notification of noncompliance from the department, whichever is earlier. The department shall approve or disapprove the revised plan not later than fourteen days after receiving it or not later than sixty days after the date the sponsor received notification of noncompliance from the department, whichever is earlier. A sponsor may continue to make revisions by the deadlines prescribed in division (F)(1) of this section to any revised plan that is disapproved by the department until the sixtieth day after the date the sponsor received notification of noncompliance from the department.
If a plan or a revised plan is approved, the sponsor shall implement it not later than sixty days after the date the sponsor received notification of noncompliance from the department or not later than thirty days after the plan is approved, whichever is later. If a sponsor does not respond to the department or implement an approved compliance plan by the deadlines prescribed by division (F)(1) of this section, or if a sponsor does not receive approval of a compliance plan on or before the sixtieth day after the date the sponsor received notification of noncompliance from the department, the department shall declare in written notice to the sponsor that the sponsor is in probationary status, and may limit the sponsor's ability to sponsor additional schools.
(2) A sponsor that has been placed on probationary status under division (F)(1) of this section may apply to the department for its probationary status to be lifted. The application for a sponsor's probationary status to be lifted shall include evidence, occurring after the initial notification of noncompliance, of the sponsor's compliance with applicable laws and administrative rules. Not later than fourteen days after receiving an application from the sponsor, the department shall decide whether or not to remove the sponsor's probationary status.
(G) In carrying out its duties under this chapter, the department shall not impose requirements on community schools or their sponsors that are not permitted by law or duly adopted rules.
(H) This section applies to entities that sponsor conversion community schools and new start-up schools.
(I) Nothing in divisions (C) to (F) of this section prohibits the department from taking any action permitted or required under the written agreement between the department and a sponsoring entity without a hearing on the matter, in the event that the sponsor is unwilling or unable to fulfill its obligations.
Sec. 3314.016. This section applies to any entity that sponsors a community school, regardless of whether section 3314.021 or 3314.027 of the Revised Code exempts the entity from the requirement to be approved for sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code. The office of Ohio school sponsorship established under section 3314.029 of the Revised Code shall be rated under division (B) of this section, but divisions (A) and (C) of this section do not apply to the office.
(A) An entity that sponsors a community school shall be permitted to enter into contracts under section 3314.03 of the Revised Code to sponsor additional community schools only if the entity meets all of the following criteria:
(1) The entity is in compliance with all provisions of this chapter requiring sponsors of community schools to report data or information to the department of education and workforce.
(2) The entity is not rated as "ineffective" under division (B)(6) of this section.
(3)
Except as set forth in sections 3314.021 and 3314.027 of the Revised
Code, the entity has received approval from and entered into an
agreement with the department of
education pursuant
to section 3314.015 of the Revised Code.
(B)(1) The department shall develop and implement an evaluation system that annually rates and assigns an overall rating to each entity that sponsors a community school. The department, not later than the first day of February of each year, shall post on the department's web site the framework for the evaluation system, including technical documentation that the department intends to use to rate sponsors for the next school year. The department shall solicit public comment on the evaluation system for thirty consecutive days. Not later than the first day of April of each year, the department shall compile and post on the department's web site all public comments that were received during the public comment period. The evaluation system shall be posted on the department's web site by the fifteenth day of July of each school year. Any changes to the evaluation system after that date shall take effect the following year. The evaluation system shall be based on the following components:
(a) Academic performance of students enrolled in community schools sponsored by the same entity. The academic performance component shall be derived from the performance measures prescribed for the state report cards under section 3302.03 or 3314.017 of the Revised Code, and shall be based on the performance of the schools for the school year for which the evaluation is conducted. In addition to the academic performance for a specific school year, the academic performance component shall also include year-to-year changes in the overall sponsor portfolio. For a community school for which no graded performance measures are applicable or available, the department shall use nonreport card performance measures specified in the contract between the community school and the sponsor under division (A)(4) of section 3314.03 of the Revised Code.
(b) Adherence by a sponsor to the quality practices prescribed by the department under division (B)(3) of this section. For a sponsor that was rated "effective" or "exemplary" on its most recent rating, the department may evaluate that sponsor's adherence to quality practices once over a period of three years. If the department elects to evaluate a sponsor once over a period of three years, the most recent rating for a sponsor's adherence to quality practices shall be used when determining an annual overall rating conducted under this section.
(c) Compliance with all applicable laws and administrative rules by an entity that sponsors a community school.
Under the evaluation system prescribed under division (B)(1) of this section, the department shall not assign an overall rating of "ineffective" or lower to an entity that sponsors a community school solely because that entity received no points on one of the components prescribed under that division.
(2) In calculating an academic performance component, the department shall exclude all community schools that have been in operation for not more than two full school years and all community schools described in division (A)(4)(b) of section 3314.35 of the Revised Code. However, the academic performance of the community schools described in division (A)(4)(b) of section 3314.35 of the Revised Code shall be reported, but shall not be used as a factor when determining a sponsoring entity's rating under this section.
(3) The department, in consultation with entities that sponsor community schools, shall prescribe quality practices for community school sponsors and develop an instrument to measure adherence to those quality practices. The quality practices shall be based on standards developed by the national association of charter school authorizers or any other nationally organized community school organization.
(4)(a) The department may permit peer review of a sponsor's adherence to the quality practices prescribed under division (B)(3) of this section. Peer reviewers shall be limited to individuals employed by sponsors rated "effective" or "exemplary" on the most recent ratings conducted under this section.
(b) The department shall require individuals participating in peer review under division (B)(4)(a) of this section to complete training approved or established by the department.
(c) The department may enter into an agreement with another entity to provide training to individuals conducting peer review of sponsors. Prior to entering into an agreement with an entity, the department shall review and approve of the entity's training program.
(5)
The state
board director
of
education and
workforce shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing standards for measuring compliance with applicable laws
and rules under division (B)(1)(c) of this section.
(6) The department annually shall rate all entities that sponsor community schools as either "exemplary," "effective," "ineffective," or "poor," based on the components prescribed by division (B) of this section, where each component is weighted equally. A separate rating shall be given by the department for each component of the evaluation system.
The department shall publish the ratings between the first day of October and the fifteenth day of November.
Prior to the publication of the final ratings, the department shall designate and provide notice of a period of at least ten business days during which each sponsor may review the information used by the department to determine the sponsor's rating on the components prescribed by division (B)(1) of this section. If the sponsor believes there is an error in the department's evaluation, the sponsor may request adjustments to the rating of any of those components based on documentation previously submitted as part of an evaluation. The sponsor shall provide to the department any necessary evidence or information to support the requested adjustments. The department shall review the evidence and information, determine whether an adjustment is valid, and promptly notify the sponsor of its determination and reasons. If any adjustments to the data could result in a change to the rating on the applicable component or to the overall rating, the department shall recalculate the ratings prior to publication.
The department shall provide training on an annual basis regarding the evaluation system prescribed under this section. The training shall, at a minimum, describe methodology, timelines, and data required for the evaluation system. The first training session shall occur not later than March 2, 2016. Beginning in 2018, the training shall be made available to each entity that sponsors a community school by the fifteenth day of July of each year and shall include guidance on any changes made to the evaluation system.
(7)(a) Entities with an overall rating of "exemplary" for the two most recent years in which the entity was evaluated may take advantage of the following incentives:
(i) Renewal of the written agreement with the department, not to exceed ten years, provided that the entity consents to continued evaluation of adherence to quality practices as described in division (B)(1)(b) of this section;
(ii) The ability to extend the term of the contract between the sponsoring entity and the community school beyond the term described in the written agreement with the department;
(iii) An exemption from the preliminary agreement and contract adoption and execution deadline requirements prescribed in division (D) of section 3314.02 of the Revised Code;
(iv) An exemption from the automatic contract expiration requirement, should a new community school fail to open by the thirtieth day of September of the calendar year in which the community school contract is executed;
(v) No limit on the number of community schools the entity may sponsor;
(vi) No territorial restrictions on sponsorship.
An entity may continue to sponsor any community schools with which it entered into agreements under division (B)(7)(a)(v) or (vi) of this section while rated "exemplary," notwithstanding the fact that the entity later receives a lower overall rating.
(b) Entities with an overall rating of "exemplary" or "effective" for the three most recent years in which the entity was evaluated shall be evaluated by the department once every three years.
(c)(i) Entities that receive an overall rating of "ineffective" shall be prohibited from sponsoring any new or additional community schools during the time in which the sponsor is rated as "ineffective" and shall be subject to a quality improvement plan based on correcting the deficiencies that led to the "ineffective" rating, with timelines and benchmarks that have been established by the department.
(ii)
Entities that receive an overall rating of "ineffective" on
their three most recent ratings shall have all sponsorship authority
revoked. Within thirty days after receiving its third rating of
"ineffective," the entity may appeal the revocation of its
sponsorship authority to the
superintendent
of public instruction
director,
who shall appoint an independent hearing officer to conduct a hearing
in accordance with Chapter 119. of the Revised Code. The hearing
shall be conducted within thirty days after receipt of the notice of
appeal. Within forty-five days after the hearing is completed, the
state
board of education director
shall
determine whether the revocation is appropriate based on the hearing
conducted by the independent hearing officer, and if determined
appropriate, the revocation shall be confirmed.
(d)
Entities that receive an overall rating of "poor" shall
have all sponsorship authority revoked. Within thirty days after
receiving a rating of "poor," the entity may appeal the
revocation of its sponsorship authority to the
superintendent
of public instruction
director,
who shall appoint an independent hearing officer to conduct a hearing
in accordance with Chapter 119. of the Revised Code. The hearing
shall be conducted within thirty days after receipt of the notice of
appeal. Within forty-five days after the hearing is completed, the
state
board of education director
shall
determine whether the revocation is appropriate based on the hearing
conducted by the independent hearing officer, and if determined
appropriate, the revocation shall be confirmed.
(8) For the 2014-2015 school year and each school year thereafter, student academic performance prescribed under division (B)(1)(a) of this section shall include student academic performance data from community schools that primarily serve students enrolled in a dropout prevention and recovery program.
(C) If the governing authority of a community school enters into a contract with a sponsor prior to the date on which the sponsor is prohibited from sponsoring additional schools under division (A) of this section and the school has not opened for operation as of that date, that contract shall be void and the school shall not open until the governing authority secures a new sponsor by entering into a contract with the new sponsor under section 3314.03 of the Revised Code. However, the department's office of Ohio school sponsorship, established under section 3314.029 of the Revised Code, may assume the sponsorship of the school until the earlier of the expiration of two school years or until a new sponsor is secured by the school's governing authority. A community school sponsored by the department under this division shall not be included when calculating the maximum number of directly authorized community schools permitted under division (A)(3) of section 3314.029 of the Revised Code.
(D) When an entity's authority to sponsor schools is revoked pursuant to division (B)(7)(c) or (d) of this section, the office of Ohio school sponsorship shall assume sponsorship of any schools with which the original sponsor has contracted for the remainder of that school year. The office may continue sponsoring those schools until the earlier of:
(1) The expiration of two school years from the time that sponsorship is revoked;
(2) When a new sponsor is secured by the governing authority pursuant to division (C)(1) of section 3314.02 of the Revised Code.
Any community school sponsored under this division shall not be counted for purposes of directly authorized community schools under division (A)(3) of section 3314.029 of the Revised Code.
(E) The department shall recalculate the rating for the 2017-2018 school year for each sponsor of a community school that receives recalculated ratings pursuant to division (I) of section 3314.017 of the Revised Code.
Sec.
3314.017. (A)
The state
board department
of
education and
workforce shall
prescribe by rules, adopted in accordance with Chapter 119. of the
Revised Code, an academic performance rating and report card system
that satisfies the requirements of this section for community schools
that primarily serve students enrolled in dropout prevention and
recovery programs as described in division (A)(4)(a) of section
3314.35 of the Revised Code, to be used in lieu of the system
prescribed under sections 3302.03 and 3314.012 of the Revised Code
beginning with the 2012-2013 school year. Each such school shall
comply with the testing and reporting requirements of the system as
prescribed by the
state
board
department.
(B)
Nothing in this section shall at any time relieve a school from its
obligations under the "No Child Left Behind Act of 2001" to
make "adequate yearly progress," as both that act and that
term are defined in section 3302.01 of the Revised Code, or a
school's amenability to the provisions of section 3302.04 or 3302.041
of the Revised Code. The department of
education shall
continue to report each school's performance as required by the act
and to enforce applicable sanctions under section 3302.04 or 3302.041
of the Revised Code.
(C)
The rules adopted by the state
board department
shall
prescribe the following performance indicators for the rating and
report card system required by this section:
(1) Graduation rate for each of the following student cohorts:
(a) The number of students who graduate in four years or less with a regular high school diploma divided by the number of students who form the adjusted cohort for the graduating class;
(b) The number of students who graduate in five years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate;
(c) The number of students who graduate in six years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate;
(d) The number of students who graduate in seven years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate;
(e) The number of students who graduate in eight years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate.
(2) The percentage of twelfth-grade students currently enrolled in the school who have attained the designated passing score on all of the state high school achievement assessments required under division (B)(1) of section 3301.0710 of the Revised Code or the cumulative performance score on the end-of-course examinations prescribed under division (B)(2) of section 3301.0712 of the Revised Code, whichever applies, and other students enrolled in the school, regardless of grade level, who are within three months of their twenty-second birthday and have attained the designated passing score on all of the state high school achievement assessments or the cumulative performance score on the end-of-course examinations, whichever applies, by their twenty-second birthday;
(3) Annual measurable objectives as defined in section 3302.01 of the Revised Code;
(4)
Growth in student achievement in reading, or mathematics, or both as
measured by separate nationally norm-referenced assessments that have
developed appropriate standards for students enrolled in dropout
prevention and recovery programs, adopted or approved by the
state
board
department.
(D)(1)
The state
board's department's
rules
shall prescribe the expected performance levels and benchmarks for
each of the indicators prescribed by division (C) of this section
based on the data gathered by the department under division (G) of
this section. Based on a school's level of attainment or
nonattainment of the expected performance levels and benchmarks for
each of the indicators, the department shall rate each school in one
of the following categories:
(a) Exceeds standards;
(b) Meets standards;
(c) Does not meet standards.
(2)
The state
board's department's
rules
shall establish all of the following:
(a) Not later than June 30, 2013, performance levels and benchmarks for the indicators described in divisions (C)(1) to (3) of this section;
(b) Not later than December 31, 2014, both of the following:
(i) Performance levels and benchmarks for the indicator described in division (C)(4) of this section;
(ii) Standards for awarding a community school described in division (A)(4)(a) of section 3314.35 of the Revised Code an overall designation, which shall be calculated as follows:
(I) Thirty per cent of the score shall be based on the indicators described in division (C)(1) of this section that are applicable to the school year for which the overall designation is granted.
(II) Thirty per cent of the score shall be based on the indicators described in division (C)(4) of this section.
(III) Twenty per cent of the score shall be based on the indicators described in division (C)(2) of this section.
(IV) Twenty per cent of the score shall be based on the indicators described in division (C)(3) of this section.
(3) If both of the indicators described in divisions (C)(1) and (2) of this section improve by ten per cent for two consecutive years, a school shall be rated not less than "meets standards."
The rating and the relevant performance data for each school shall be posted on the department's web site, and a copy of the rating and data shall be provided to the governing authority of the community school.
(E)(1) For the 2012-2013 school year, the department shall issue a report card including the following performance measures, but without a performance rating as described in divisions (D)(1)(a) to (c) of this section, for each community school described in division (A)(4)(a) of section 3314.35 of the Revised Code:
(a) The graduation rates as described in divisions (C)(1)(a) to (c) of this section;
(b) The percentage of twelfth-grade students and other students who have attained a designated passing score on high school achievement assessments as described in division (C)(2) of this section;
(c) The statewide average for the graduation rates and assessment passage rates described in divisions (C)(1)(a) to (c) and (C)(2) of this section;
(d) Annual measurable objectives described in division (C)(3) of this section.
(2) For the 2013-2014 school year, the department shall issue a report card including the following performance measures for each community school described in division (A)(4)(a) of section 3314.35 of the Revised Code:
(a) The graduation rates described in divisions (C)(1)(a) to (d) of this section, including a performance rating as described in divisions (D)(1)(a) to (c) of this section;
(b) The percentage of twelfth-grade students and other students who have attained a designated passing score on high school achievement assessments as described in division (C)(2) of this section, including a performance rating as described in divisions (D)(1)(a) to (c) of this section;
(c) Annual measurable objectives described in division (C)(3) of this section, including a performance rating as described in divisions (D)(1)(a) to (c) of this section;
(d) Both of the following without an assigned rating:
(i) Growth in annual student achievement in reading and mathematics described in division (C)(4) of this section, if available;
(ii) Student outcome data, including postsecondary credit earned, nationally recognized career or technical certification, military enlistment, job placement, and attendance rate.
(3) Beginning with the 2014-2015 school year, and annually thereafter, the department shall issue a report card for each community school described in division (A)(4)(a) of section 3314.35 of the Revised Code that includes all of the following performance measures, including a performance rating for each measure as described in divisions (D)(1)(a) to (c) of this section:
(a) The graduation rates as described in division (C)(1) of this section;
(b) The percentage of twelfth-grade students and other students who have attained a designated passing score on high school achievement assessments as described in division (C)(2) of this section;
(c) Annual measurable objectives described in division (C)(3) of this section, including a performance rating as described in divisions (D)(1)(a) to (c) of this section;
(d) Growth in annual student achievement in reading and mathematics as described in division (C)(4) of this section;
(e) An overall performance designation for the school calculated under rules adopted under division (D)(2) of this section.
The department shall also include student outcome data, including postsecondary credit earned, nationally recognized career or technical certification, military enlistment, job placement, attendance rate, and progress on closing achievement gaps for each school. This information shall not be included in the calculation of a school's performance rating.
(F) Not later than the thirty-first day of July of each year, the department shall submit preliminary report card data for overall academic performance for each performance measure prescribed in division (E)(3) of this section for each community school to which this section applies.
(G) In developing the rating and report card system required by this section, during the 2012-2013 and 2013-2014 school years, the department shall gather and analyze data as determined necessary from each community school described in division (A)(4)(a) of section 3314.35 of the Revised Code. Each such school shall cooperate with the department by supplying requested data and administering required assessments, including sample assessments for purposes of measuring student achievement growth as described in division (C)(4) of this section. The department shall consult with stakeholder groups in performing its duties under this division.
The department shall also identify one or more states that have established or are in the process of establishing similar academic performance rating systems for dropout prevention and recovery programs and consult with the departments of education of those states in developing the system required by this section.
(H)
Not
later than December 31, 2014, the state board The
department shall
review the performance levels and benchmarks for performance
indicators in the report card issued under this section and may
revise them based on the data collected under division (G) of this
section.
(I) For the purposes of division (F) of section 3314.351 of the Revised Code, the department shall recalculate the ratings for each school under division (E)(3) of this section for the 2017-2018 school year and calculate the ratings under that division for the 2018-2019 school year using the indicators prescribed by division (C) of this section, as it exists on and after July 18, 2019.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school district or the governing board of an educational service center that agrees to the conversion of all or part of a school or building under division (B) of this section, or an entity listed in division (C)(1) of this section, which has been approved by the department of education and workforce to sponsor community schools or is exempted by section 3314.021 or 3314.027 of the Revised Code from obtaining approval, and with which the governing authority of a community school enters into a contract under section 3314.03 of the Revised Code.
(2) "Pilot project area" means the school districts included in the territory of the former community school pilot project established by former Section 50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that meets one of the following conditions:
(i) On March 22, 2013, the district was in a state of academic emergency or in a state of academic watch under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013;
(ii) For two of the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years, the district received a grade of "D" or "F" for the performance index score and a grade of "F" for the value-added progress dimension under section 3302.03 of the Revised Code;
(iii) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021 school years, the district has received an overall grade of "D" or "F" under division (C)(3) of section 3302.03 of the Revised Code, or, for at least two of the three most recent school years, the district received a grade of "F" for the value-added progress dimension under division (C)(1)(e) of that section;
(iv) For the 2021-2022 school year and for any school year thereafter, the district has received an overall performance rating of less than three stars under division (D)(3) of section 3302.03 of the Revised Code, or, for at least two of the three most recent school years, the district received one star for progress under division (D)(3)(c) of that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of school districts according to performance index score under section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and participating in the predecessor of Ohio works first greater than thirty per cent, as reported pursuant to section 3317.10 of the Revised Code;
(b) An average daily membership greater than twelve thousand, as reported pursuant to former division (A) of section 3317.03 of the Revised Code.
(5) "New start-up school" means a community school other than one created by converting all or part of an existing public school or educational service center building, as designated in the school's contract pursuant to division (A)(17) of section 3314.03 of the Revised Code.
(6) "Urban school district" means one of the state's twenty-one urban school districts as defined in division (O) of section 3317.02 of the Revised Code as that section existed prior to July 1, 1998.
(7) "Internet- or computer-based community school" means a community school established under this chapter in which the enrolled students work primarily from their residences on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities unless a student receives career-technical education under section 3314.086 of the Revised Code.
A community school that operates mainly as an internet- or computer-based community school and provides career-technical education under section 3314.086 of the Revised Code shall be considered an internet- or computer-based community school, even if it provides some classroom-based instruction, so long as it provides instruction via the methods described in this division.
(8) "Operator" or "management company" means either of the following:
(a) An individual or organization that manages the daily operations of a community school pursuant to a contract between the operator or management company and the school's governing authority;
(b) A nonprofit organization that provides programmatic oversight and support to a community school under a contract with the school's governing authority and that retains the right to terminate its affiliation with the school if the school fails to meet the organization's quality standards.
(9) "Alliance municipal school district" has the same meaning as in section 3311.86 of the Revised Code.
(B)(1) Any person or group of individuals may initially propose under this division the conversion of all or a portion of a public school to a community school. The proposal shall be made to the board of education of the city, local, exempted village, or joint vocational school district in which the public school is proposed to be converted.
(2) Any person or group of individuals may initially propose under this division the conversion of all or a portion of a building operated by an educational service center to a community school. The proposal shall be made to the governing board of the service center.
On or after July 1, 2017, except as provided in section 3314.027 of the Revised Code, any educational service center that sponsors a community school shall be approved by and enter into a written agreement with the department as described in section 3314.015 of the Revised Code.
(3) Upon receipt of a proposal, and after an agreement has been entered into pursuant to section 3314.015 of the Revised Code, a board may enter into a preliminary agreement with the person or group proposing the conversion of the public school or service center building, indicating the intention of the board to support the conversion to a community school. A proposing person or group that has a preliminary agreement under this division may proceed to finalize plans for the school, establish a governing authority for the school, and negotiate a contract with the board. Provided the proposing person or group adheres to the preliminary agreement and all provisions of this chapter, the board shall negotiate in good faith to enter into a contract in accordance with section 3314.03 of the Revised Code and division (C) of this section.
(4) The sponsor of a conversion community school proposed to open in an alliance municipal school district shall be subject to approval by the department of education and workforce for sponsorship of that school using the criteria established under division (A) of section 3311.87 of the Revised Code.
Division (B)(4) of this section does not apply to a sponsor that, on or before September 29, 2015, was exempted under section 3314.021 or 3314.027 of the Revised Code from the requirement to be approved for sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code.
(5) A school established in accordance with division (B) of this section that later enters into a sponsorship contract with an entity that is not a school district or educational service center shall, at the time of entering into the new contract, be deemed a community school established in accordance with division (C) of this section.
(C)(1) Provided all other conditions of sponsorship and governance are satisfied, any person or group of individuals may propose under this division the establishment of a new start-up school regardless of the school's proposed location. The proposal may be made to any of the following entities:
(a) The board of education of the district in which the school is proposed to be located;
(b) The board of education of any joint vocational school district with territory in the county in which is located the majority of the territory of the district in which the school is proposed to be located;
(c) The board of education of any other city, local, or exempted village school district having territory in the same county where the district in which the school is proposed to be located has the major portion of its territory;
(d) The governing board of any educational service center, regardless of the location of the proposed school, may sponsor a new start-up school if all of the following are satisfied:
(i) If applicable, it satisfies the requirements of division (E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii) It enters into an agreement with the department under section 3314.015 of the Revised Code.
(e)
A sponsoring authority designated by the board of trustees of any of
the thirteen state universities listed in section 3345.011 of the
Revised Code or the board of trustees itself as long as a mission of
the proposed school to be specified in the contract under division
(A)(2) of section 3314.03 of the Revised Code and as approved by the
department under division (B)(3) of section 3314.015 of the Revised
Code will be the practical demonstration of teaching methods,
educational technology, or other teaching practices that are included
in the curriculum of the university's teacher preparation program
approved by the
state
board of education
chancellor
of higher education;
(f) Any qualified tax-exempt entity under section 501(c)(3) of the Internal Revenue Code as long as all of the following conditions are satisfied:
(i) The entity has been in operation for at least five years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand dollars and a demonstrated record of financial responsibility.
(iii) The department has determined that the entity is an education-oriented entity under division (B)(4) of section 3314.015 of the Revised Code and the entity has a demonstrated record of successful implementation of educational programs.
(iv) The entity is not a community school.
(g) The mayor of a city in which the majority of the territory of a school district to which section 3311.60 of the Revised Code applies is located, regardless of whether that district has created the position of independent auditor as prescribed by that section. The mayor's sponsorship authority under this division is limited to community schools that are located in that school district. Such mayor may sponsor community schools only with the approval of the city council of that city, after establishing standards with which community schools sponsored by the mayor must comply, and after entering into a sponsor agreement with the department as prescribed under section 3314.015 of the Revised Code. The mayor shall establish the standards for community schools sponsored by the mayor not later than one hundred eighty days after July 15, 2013, and shall submit them to the department upon their establishment. The department shall approve the mayor to sponsor community schools in the district, upon receipt of an application by the mayor to do so. Not later than ninety days after the department's approval of the mayor as a community school sponsor, the department shall enter into the sponsor agreement with the mayor.
Any entity described in division (C)(1) of this section may enter into a preliminary agreement pursuant to division (C)(2) of this section with the proposing person or group, provided that entity has been approved by and entered into a written agreement with the department pursuant to section 3314.015 of the Revised Code.
(2) A preliminary agreement indicates the intention of an entity described in division (C)(1) of this section to sponsor the community school. A proposing person or group that has such a preliminary agreement may proceed to finalize plans for the school, establish a governing authority as described in division (E) of this section for the school, and negotiate a contract with the entity. Provided the proposing person or group adheres to the preliminary agreement and all provisions of this chapter, the entity shall negotiate in good faith to enter into a contract in accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school district described in either division (A)(3)(b) or (d) of this section may continue in existence once the school district no longer meets the conditions described in either division, provided there is a valid contract between the school and a sponsor.
(4)
A copy of every preliminary agreement entered into under this
division shall be filed with the superintendent
of public instructiondirector
of education and workforce.
(D) A majority vote of the board of a sponsoring entity and a majority vote of the members of the governing authority of a community school shall be required to adopt a contract and convert the public school or educational service center building to a community school or establish the new start-up school. Beginning September 29, 2005, adoption of the contract shall occur not later than the fifteenth day of March, and signing of the contract shall occur not later than the fifteenth day of May, prior to the school year in which the school will open. The governing authority shall notify the department of education and workforce when the contract has been signed. Subject to sections 3314.013 and 3314.016 of the Revised Code, an unlimited number of community schools may be established in any school district provided that a contract is entered into for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are limited to spouses, children, parents, grandparents, and siblings, as well as in-laws residing in the same household as the person serving on the governing authority.
Each new start-up community school established under this chapter shall be under the direction of a governing authority which shall consist of a board of not less than five individuals.
(2)(a) No person shall serve on the governing authority or operate the community school under contract with the governing authority under any of the following circumstances:
(i) The person owes the state any money or is in a dispute over whether the person owes the state any money concerning the operation of a community school that has closed.
(ii) The person would otherwise be subject to division (B) of section 3319.31 of the Revised Code with respect to refusal, limitation, or revocation of a license to teach, if the person were a licensed educator.
(iii) The person has pleaded guilty to or been convicted of theft in office under section 2921.41 of the Revised Code, or has pleaded guilty to or been convicted of a substantially similar offense in another state.
(b) No person shall serve on the governing authority or engage in the financial day-to-day management of the community school under contract with the governing authority unless and until that person has submitted to a criminal records check in the manner prescribed by section 3319.39 of the Revised Code.
(c) Each sponsor of a community school shall annually verify that a finding for recovery has not been issued by the auditor of state against any individual or individuals who propose to create a community school or any member of the governing authority, the operator, or any employee of each community school with responsibility for fiscal operations or authorization to expend money on behalf of the school.
(3) No person shall serve on the governing authorities of more than five start-up community schools at the same time unless both of the following apply:
(a) The person serves in a volunteer capacity and receives no compensation under division (E)(5) of this section from any governing authority on which the person serves.
(b) For any school that has an operator, the operator is a nonprofit organization.
(4)(a) For a community school established under this chapter that is not sponsored by a school district or an educational service center, no present or former member, or immediate relative of a present or former member, of the governing authority shall be an owner, employee, or consultant of the community school's sponsor or operator, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority.
(b) For a community school established under this chapter that is sponsored by a school district or an educational service center, no present or former member, or immediate relative of a present or former member, of the governing authority shall:
(i) Be an officer of the district board or service center governing board that serves as the community school's sponsor, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority;
(ii) Serve as an employee of, or a consultant for, the department, division, or section of the sponsoring district or service center that is directly responsible for sponsoring community schools, or have supervisory authority over such a department, division, or section, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority.
(5) The governing authority of a start-up or conversion community school may provide by resolution for the compensation of its members. However, no individual who serves on the governing authority of a start-up or conversion community school shall be compensated more than one hundred twenty-five dollars per meeting of that governing authority and no such individual shall be compensated more than a total amount of five thousand dollars per year for all governing authorities upon which the individual serves. Each member of the governing authority may be paid compensation for attendance at an approved training program, provided that such compensation shall not exceed sixty dollars a day for attendance at a training program three hours or less in length and one hundred twenty-five dollars a day for attendance at a training program longer than three hours in length.
(6) No person who is the employee of a school district or educational service center shall serve on the governing authority of any community school sponsored by that school district or service center.
(7) Each member of the governing authority of a community school shall annually file a disclosure statement setting forth the names of any immediate relatives or business associates employed by any of the following within the previous three years:
(a) The sponsor or operator of that community school;
(b) A school district or educational service center that has contracted with that community school;
(c) A vendor that is or has engaged in business with that community school.
(8) No person who is a member of a school district board of education shall serve on the governing authority of any community school.
(F)(1) A new start-up school that is established prior to August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after that date and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after that date.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that was not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed.
(3) Any educational service center that, on June 30, 2007, sponsors a community school that is not located in a county within the territory of the service center or in a county contiguous to such county may continue to sponsor that community school on and after June 30, 2007, and may renew its contract with the school.
(4)
On
and after the effective date of this amendment, the The
department
of education
and
workforce
shall
not restrict the establishment of a new start-up community school to
those located in a challenged school district as was
required
by this section prior to the
effective date of this amendmentSeptember
30, 2021.
Sec. 3314.021. (A) This section applies to any entity that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and that satisfies the conditions specified in divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the Revised Code but does not satisfy the condition specified in division (C)(1)(f)(i) of that section.
(B)
Notwithstanding division (C)(1)(f)(i) of section 3314.02 of the
Revised Code, and subject to division (D)(2) of this section, an
entity described in division (A) of this section may do both of the
following without obtaining the department of education's
education
and workforce's initial
approval of its sponsorship under divisions (A)(2) and (B)(1) of
section 3314.015 of the Revised Code:
(1) Succeed the board of trustees of a state university located in the pilot project area or that board's designee as the sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with the terms of the contract between the board of trustees or its designee and the governing authority of the community school and renew that contract as provided in division (E) of section 3314.03 of the Revised Code.
(C) The entity that succeeds the board of trustees or the board's designee as sponsor of a community school under division (B) of this section also may enter into contracts to sponsor other community schools regardless of the proposed school's location, without obtaining the department's initial approval of its sponsorship of those schools under divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code as long as the contracts conform with and the entity complies with all other requirements of this chapter.
(D)(1) Regardless of the entity's authority to sponsor community schools without the initial approval of the department, the entity is under the continuing oversight of the department in accordance with rules adopted under section 3314.015 of the Revised Code.
(2)
If an entity described in division (A) of this section receives a
rating below "effective" under division (B) of section
3314.016 of the Revised Code for two or more consecutive years, that
entity shall receive approval from the department of
education to
sponsor community schools and enter into a written agreement with the
department in accordance with division (B)(1) of section 3314.015 of
the Revised Code prior to entering into any further preliminary
agreements under division (C)(2) of section 3314.02 of the Revised
Code or renewing any existing contract to sponsor a community school.
(E)(1) As used in division (E) of this section:
(a) "Board of trustees" means a board of trustees of a state university located in the pilot project area.
(b) "Rating" means a sponsor rating under section 3314.016 of the Revised Code.
(2) Notwithstanding anything to the contrary in division (B)(7)(b) of section 3314.016 of the Revised Code, for the purposes of that division, the department shall consider an entity that succeeded a board of trustees as the sponsor of a community school in accordance with division (B)(1) of this section to have received the same rating for the 2016-2017 school year as the board of trustees, provided all of the following apply:
(a) The department assigned the board of trustees a rating of either "effective" or "exemplary" for the 2016-2017 school year.
(b) The department did not assign the entity its own rating for the 2016-2017 school year.
(c) The department assigned the entity its own rating for the 2017-2018 school year.
Sec. 3314.023. A sponsor shall provide monitoring, oversight, and technical assistance to each school that it sponsors. In order to provide monitoring, oversight, and technical assistance, a representative of the sponsor of a community school shall meet with the governing authority or fiscal officer of the school and shall review the financial and enrollment records of the school at least once every month. Not later than ten days after each review, the sponsor shall provide the governing authority and fiscal officer with a written report regarding the review. Copies of those financial and enrollment records shall be furnished to the community school sponsor and operator, members of the governing authority, and the fiscal officer designated in section 3314.011 of the Revised Code on a monthly basis.
If a community school closes or is permanently closed, the designated fiscal officer shall deliver all financial and enrollment records to the school's sponsor within thirty days of the school's closure. If the fiscal officer fails to provide the records in a timely manner, or fails to faithfully perform any of the fiscal officer's other duties, the sponsor has the right of action against the fiscal officer to compel delivery of all financial and enrollment records of the school and shall, if necessary, seek recovery of any funds owed as a result of any finding of recovery by the auditor of state against the fiscal officer.
For purposes of this chapter, "monitoring, oversight, and technical assistance" shall include the following:
(A) Monitoring the community school's compliance with all laws applicable to the school and with the terms of the contract;
(B) Monitoring and evaluating the academic and fiscal performance and the organization and operation of the community school on at least an annual basis. The evaluation of a school's academic and fiscal performance shall be based on the performance requirements specified in the contract between the sponsor and the governing authority under section 3314.03 of the Revised Code, the state report cards issued for the school under section 3302.03 or 3314.017 of the Revised Code, and any other analysis conducted by the department of education and workforce.
(C) Reporting on an annual basis the results of the evaluation conducted under division (D)(2) of section 3314.03 of the Revised Code to the department of education and workforce and to the parents of students enrolled in the community school;
(D) Providing technical assistance to the community school in complying with laws applicable to the school and terms of the contract;
(E) Taking steps to intervene in the school's operation to correct problems in the school's overall performance, declaring the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspending the operation of the school pursuant to section 3314.072 of the Revised Code, or terminating the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;
(F) Having in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.
(G) Other activities designed to specifically benefit the community school the entity sponsors.
Sec. 3314.025. (A) Beginning with the 2016-2017 school year, each sponsor of a community school shall submit, not later than the fifteenth day of August of each year, a report to the department of education and workforce, using the format and manner prescribed by the department as set forth in division (B) of this section, describing the amount and type of expenditures made to provide monitoring, oversight, and technical assistance to the community schools it sponsors. The report shall also be submitted to the governing authority of the community school.
(B) Not later than ninety days after the effective date of this section, the department shall establish requirements and a reporting procedure to aid each sponsor in complying with division (A) of this section. The department shall require that each report include at least the following types of expenditures made to provide oversight, monitoring, and technical assistance to the community school it sponsors:
(1) Employee salaries, wages, benefits, and other compensation;
(2) All purchased or contracted services;
(3) Materials and supplies;
(4) Equipment, furniture, and fixtures;
(5) Facilities;
(6) Other expenditures.
(C) The report submitted under this section shall be a factor when evaluating a sponsor's compliance with applicable law and administrative rules as prescribed under division (B)(1)(c) of section 3314.016 of the Revised Code. The report also may be used as a factor when evaluating a sponsor's adherence to quality practices as prescribed under division (B)(1)(b) of that section.
Sec. 3314.027. Notwithstanding the requirement for initial approval of sponsorship by the department of education and workforce prescribed in divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code and any geographical restriction or mission requirement prescribed in division (C)(1) of section 3314.02 of the Revised Code, an entity that has entered into a contract to sponsor a community school on April 8, 2003, may continue to sponsor the school in conformance with the terms of that contract and also may enter into new contracts to sponsor community schools after April 8, 2003, as long as the contracts conform to and the entity complies with all other provisions of this chapter.
Regardless of the entity's authority to sponsor community schools without the initial approval of the department, each entity described in this section is under the continuing oversight of the department in accordance with rules adopted under section 3314.015 of the Revised Code.
If an entity to which this section applies receives a rating below "effective" under division (B) of section 3314.016 of the Revised Code for two or more consecutive years, that entity shall receive approval from the department of education and workforce to sponsor community schools and enter into a written agreement with the department in accordance with division (B)(1) of section 3314.015 of the Revised Code prior to entering into any further preliminary agreements under division (C)(2) of section 3314.02 of the Revised Code or renewing any existing contract to sponsor a community school.
Sec. 3314.029. This section establishes the Ohio school sponsorship program. The department of education and workforce shall establish an office of Ohio school sponsorship to perform the department's duties prescribed by this section.
(A)(1) Notwithstanding anything to the contrary in this chapter, any person, group of individuals, or entity may apply to the department for direct authorization to establish a community school and, upon approval of the application, may establish the school. Notwithstanding anything to the contrary in this chapter, the governing authority of an existing community school, upon the expiration or termination of its contract with the school's sponsor entered into under section 3314.03 of the Revised Code, may apply to the department for direct authorization to continue operating the school and, upon approval of the application, may continue to operate the school. The department may establish a format and deadlines for an application.
Each application submitted to the department shall include the following:
(a) Evidence that the applicant will be able to comply with division (C) of this section;
(b) A statement indicating that the applicant agrees to comply with all applicable provisions of this chapter, including the requirement to be established as a nonprofit corporation or public benefit corporation in accordance with division (A)(1) of section 3314.03 of the Revised Code;
(c) A statement attesting that no unresolved finding of recovery has been issued by the auditor of state against any person, group of individuals, or entity that is a party to the application and that no person who is party to the application has been a member of the governing authority of any community school that has permanently closed and against which an unresolved finding of recovery has been issued by the auditor of state. In the case of an application submitted by the governing authority of an existing community school, a person who is party to the application shall include each individual member of that governing authority.
(d) A statement that the school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution;
(e) A statement of whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school. If it is a converted public school or service center building, the statement shall include a specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees, provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees.
(f) A statement that the school's teachers will be licensed in the manner prescribed by division (A)(10) of section 3314.03 of the Revised Code;
(g) A statement that the school will comply with all of the provisions of law enumerated in divisions (A)(11)(d) and (e) of section 3314.03 of the Revised Code and of division (A)(11)(h) of that section, if applicable;
(h) A statement that the school's graduation and curriculum requirements will comply with division (A)(11)(f) of section 3314.03 of the Revised Code;
(i) A description of each of the following:
(i) The school's mission and educational program, the characteristics of the students the school is expected to attract, the ages and grade levels of students, and the focus of the curriculum;
(ii) The school's governing authority, which shall be in compliance with division (E) of section 3314.02 of the Revised Code;
(iii) The school's admission and dismissal policies, which shall be in compliance with divisions (A)(5) and (6) of section 3314.03 of the Revised Code;
(iv) The school's business plan, including a five-year financial forecast;
(v) In the case of an application to establish a community school, the applicant's resources and capacity to establish and operate the school;
(vi) The school's academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments;
(vii) The facilities to be used by the school and their locations;
(viii) A description of the learning opportunities that will be offered to students including both classroom-based and nonclassroom-based learning opportunities that are in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code.
(2)
Subject to division (A)(3) of this section, the department may
approve or deny an application, taking into consideration the
standards for quality authorizing, capacity requirements, financial
constraints, or any other criteria it determines necessary and
appropriate.
The
department shall adopt the criteria not later than sixty days after
the effective date of this amendment.
The
department shall assign each applicant school a rating established
for a new start-up community school or an existing community school,
as applicable.
The
department
of
education
shall
annually publish on its web site the criteria it uses to approve or
deny an application submitted pursuant to this section.
(3) For each of five school years, beginning with the school year that begins in the calendar year in which this section takes effect, the department may approve up to twenty applications for community schools to be established or to continue operation under division (A) of this section; however, of the twenty applications that may be approved each school year, only up to five may be for the establishment of new schools.
(4) Notwithstanding division (A)(2) of this section, the department may deny an application submitted by the governing authority of an existing community school, if a previous sponsor of that school did not renew its contract or terminated its contract with the school entered into under section 3314.03 of the Revised Code.
(5) In the case of a proposed new community school to be located in an alliance municipal school district, the department shall not approve the application of that community school unless both of the following apply:
(a) The department approves the application using the requirements of divisions (A)(1)(a) to (h) of this section and the criteria developed under division (A)(2) of this section.
(b) The department has determined that the applicant has requested and received a recommendation from the alliance in the manner prescribed by divisions (E)(1) and (2) of section 3311.86 of the Revised Code.
As used in this section, "alliance municipal school district" and "alliance" have the same meanings as in section 3311.86 of the Revised Code.
(B) The department and the governing authority of each community school authorized under this section shall enter into a contract under section 3314.03 of the Revised Code. Notwithstanding division (A)(13) of that section, the contract with an existing community school may begin at any time during the academic year. The length of the initial contract of any community school under this section may be for any term up to five years. The contract may be renewed in accordance with division (E) of that section. The contract may provide for the school's governing authority to pay a fee for oversight and monitoring of the school that does not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state.
(C)
The department may require a community school authorized under this
section to post and file with the superintendent
of public instruction director
of education and workforce a
bond payable to the state or to file with the state
superintendent director
a
guarantee, which shall be used to pay the state any moneys owed by
the community school in the event the school closes.
(D) Except as otherwise provided in this section, a community school authorized under this section shall comply with all applicable provisions of this chapter. The department may take any action that a sponsor may take under this chapter to enforce the school's compliance with this division and the terms of the contract entered into under division (B) of this section.
(E) Not later than December 31, 2012, and annually thereafter, the department shall issue a report on the program, including information about the number of community schools participating in the program and their compliance with the provisions of this chapter. In its fifth report, the department shall include a complete evaluation of the program and recommendations regarding the program's continuation. Each report shall be provided to the general assembly, in accordance with section 101.68 of the Revised Code, and to the governor.
Sec. 3314.0211. (A) No community school to which either of the following applies shall be eligible to merge with one or more other community schools under this section:
(1) The school has met the performance criteria for required closure specified in division (A) of section 3314.35 or division (A) of section 3314.351 of the Revised Code for at least one of the two most recent school years.
(2) The school has been notified of the sponsor's intent to terminate or not renew the school's contract pursuant to section 3314.07 of the Revised Code.
(B) Two or more community schools may merge upon the adoption of a resolution by the governing authority of each school involved in the merger. Any merger shall take effect on the first day of July of the year specified in the resolution.
(C) Not less than sixty days prior to the effective date of a merger under division (B) of this section, each community school involved in the merger shall do both of the following:
(1) Provide a copy of the resolution to the school's sponsor;
(2) Notify the department of education and workforce of all of the following:
(a) The impending merger;
(b) The effective date of the merger;
(c) The school that will be designated as the surviving school in accordance with section 1702.41 of the Revised Code;
(d) The entity that will sponsor the surviving school.
(D) Notwithstanding anything to the contrary in the Revised Code, the governing authority of the surviving community school shall enter into a new contract with the school's sponsor under section 3314.03 of the Revised Code.
(E) No sponsor shall do either of the following:
(1) Assign the sponsor's existing contract with a merging community school to the sponsor of the surviving community school;
(2) Assume an existing contract from the sponsor of a community school involved in a merger under division (B) of this section.
Division (E) of this section shall not apply to the office of Ohio school sponsorship established under section 3314.029 of the Revised Code.
(F)(1) The department shall issue a report card under section 3302.03 or 3314.017 of the Revised Code for the surviving community school.
(2) Notwithstanding anything to the contrary in division (B) of section 3314.012 of the Revised Code, all report card ratings associated with the surviving school, whether issued before or after the merger, shall be used for purposes of section 3314.35 or 3314.351 of the Revised Code and any other matter that is based on report card ratings or measures.
(G) Nothing in this section shall exempt a community school from closure under section 3314.35 or 3314.351 of the Revised Code.
Sec.
3314.03. A
copy of every contract entered into under this section shall be filed
with the superintendent
director
of
public
instruction
education
and workforce.
The department of education and
workforce shall
make available on its web site a copy of every approved, executed
contract filed with the superintendent
director
under
this section.
(A) Each contract entered into between a sponsor and the governing authority of a community school shall specify the following:
(1) That the school shall be established as either of the following:
(a) A nonprofit corporation established under Chapter 1702. of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter 1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;
(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments;
(4) Performance standards, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, by which the success of the school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student.
(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state. Audits shall be conducted in accordance with section 117.10 of the Revised Code.
(9) An addendum to the contract outlining the facilities to be used that contains at least the following information:
(a) A detailed description of each facility used for instructional purposes;
(b) The annual costs associated with leasing each facility that are paid by or on behalf of the school;
(c) The annual mortgage principal and interest payments that are paid by the school;
(d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any.
(10) Qualifications of teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours or forty hours per week pursuant to section 3319.301 of the Revised Code.
(11) That the school will comply with the following requirements:
(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year.
(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school.
(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50, 3313.539, 3313.5310, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.6020, 3313.6024, 3313.6025, 3313.6026, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.721, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.238, 3319.318, 3319.321, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3320.01, 3320.02, 3320.03, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district and will comply with section 3301.0714 of the Revised Code in the manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section 2921.42 of the Revised Code.
(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the
state
board of education
department.
Beginning with students who enter ninth grade for the first time on
or after July 1, 2010, the requirement in sections 3313.61 and
3313.611 of the Revised Code that a person must successfully complete
the curriculum of a high school prior to receiving a high school
diploma shall be met by completing the requirements prescribed in
section 3313.6027 and division (C) of section 3313.603 of the Revised
Code, unless the person qualifies under division (D) or (F) of that
section. Each school shall comply with the plan for awarding high
school credit based on demonstration of subject area competency, and
beginning with the 2017-2018 school year, with the updated plan that
permits students enrolled in seventh and eighth grade to meet
curriculum requirements based on subject area competency adopted by
the state
board of education department
under
divisions (J)(1) and (2) of section 3313.603 of the Revised Code.
Beginning with the 2018-2019 school year, the school shall comply
with the framework for granting units of high school credit to
students who demonstrate subject area competency through work-based
learning experiences, internships, or cooperative education developed
by the department under division (J)(3) of section 3313.603 of the
Revised Code.
(g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections 14005 and 14006 of the "American Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the school will pay teachers based upon performance in accordance with section 3317.141 and will comply with section 3319.111 of the Revised Code as if it were a school district.
(j)
If the school operates a preschool program that is licensed by the
department of
education under
sections 3301.52 to 3301.59 of the Revised Code, the school shall
comply with sections 3301.50 to 3301.59 of the Revised Code and the
minimum standards for preschool programs prescribed in rules adopted
by the state
board department
under
section 3301.53 of the Revised Code.
(k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following:
(i) An internet- or computer-based community school;
(ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (A)(4)(b) of section 3314.35 of the Revised Code.
(l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code.
(12) Arrangements for providing health and other benefits to employees;
(13) The length of the contract, which shall begin at the beginning of an academic year. No contract shall exceed five years unless such contract has been renewed pursuant to division (E) of this section.
(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is a converted public school or service center building, specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;
(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;
(19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in sections 3314.06 and 3314.061 of the Revised Code and, at the sole discretion of the authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside the district in which the school is located;
(b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other district in the state.
(20)
A provision recognizing the authority of the department of
education to
take over the sponsorship of the school in accordance with the
provisions of division (C) of section 3314.015 of the Revised Code;
(21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations;
(b)
The authority of the department of
education as
the community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the department
has evidence of conditions or violations of law at the school that
pose an imminent danger to the health and safety of the school's
students and employees and the sponsor refuses to take such action.
(23) A description of the learning opportunities that will be offered to students including both classroom-based and non-classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code;
(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.
However,
the sponsor shall not be required to take any action described in
division (F) of section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code;
(27) That the school's attendance and participation policies will be available for public inspection;
(28)
That the school's attendance and participation records shall be made
available to the department
of
education,
auditor of state, and school's sponsor to the extent permitted under
and in accordance with the "Family Educational Rights and
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended,
and any regulations promulgated under that act, and section 3319.321
of the Revised Code;
(29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information:
(a) An indication of what blended learning model or models will be used;
(b) A description of how student instructional needs will be determined and documented;
(c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level;
(d) The school's attendance requirements, including how the school will document participation in learning opportunities;
(e) A statement describing how student progress will be monitored;
(f) A statement describing how private student data will be protected;
(g) A description of the professional development activities that will be offered to teachers.
(30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate;
(31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted.
(32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence.
(33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school.
(B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public school or educational service center building, alternative arrangements for current public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion;
(4) The instructional program and educational philosophy of the school;
(5) Internal financial controls.
When submitting the plan under this division, the school shall also submit copies of all policies and procedures regarding internal financial controls adopted by the governing authority of the school.
(C) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor. The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state.
(D)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department of
education under
division (B) of section 3314.015 of the Revised Code and shall
include the following:
(1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis;
(3)
Report on an annual basis the results of the evaluation conducted
under division (D)(2) of this section to the department of
education and
to the parents of students enrolled in the community school;
(4) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract;
(5) Take steps to intervene in the school's operation to correct problems in the school's overall performance, declare the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory. Any contract that is renewed under this division remains subject to the provisions of sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code.
Sec. 3314.032. (A) On and after the effective date of this section, any new or renewed contract between the governing authority of a community school and an operator shall include at least the following:
(1) Criteria to be used for early termination of the operator contract;
(2) Required notification procedures and timeline for early termination or nonrenewal of the operator contract;
(3) A stipulation of which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. Any stipulation regarding property ownership shall comply with the requirements of section 3314.0210 of the Revised Code.
(B)(1) The operator with which the governing authority of a community school contracts for services shall not lease any parcel of real property to that community school until an independent professional in the real estate field verifies via addendum that at the time the lease was agreed to, the lease was commercially reasonable.
(2) The independent professional described in division (B)(1) of this section shall be immune from civil liability for any decision rendered pursuant to this section.
(C) Beginning with the 2016-2017 school year, the governing authority of a community school, with the assistance of the school's designated fiscal officer, shall adopt an annual budget by the thirty-first day of October of each year.
Not
later than ninety days after the effective date of this section, the
The
department
of education
and
workforce
shall
develop a format for annual budgets of community schools. The format
shall prescribe inclusion of the following information in a school's
budget:
(1) Administrative costs for the community school as a whole;
(2) Instructional services costs for each category of service provided directly to students, compiled and reported in terms of average expenditure per pupil receiving the service;
(3) The cost of instructional support services, such as services provided by a speech-language pathologist, classroom aide, multimedia aide, or librarian, provided directly to students;
(4) The cost of administrative support services, such as the cost of personnel that develop the curriculum and the cost of personnel supervising or coordinating the delivery of the instructional services;
(5) The cost of support or extracurricular services costs for services directly provided to students;
(6) The cost of services provided directly to students by a nonlicensed employee related to support or extracurricular services, such as janitorial services, cafeteria services, or services of a sports trainer;
(7) The cost of administrative services related to support or extracurricular services, such as the cost of any licensed or unlicensed employees that develop, supervise, coordinate, or otherwise are involved in administrating or aiding the delivery of services.
(D) The governing authority of a community school shall be the sole entity responsible for the adoption of the school's annual budget, but the governing authority shall adopt such budget with the assistance of the school's designated fiscal officer.
Sec. 3314.034. (A) Subject to division (B) of this section, any community school to which either of the following conditions apply shall be prohibited from entering into a contract with a new sponsor:
(1) The community school has received, on the most recent report card issued for that school under section 3302.03 of the Revised Code, either of the following:
(a)
A grade of "D" or "F" for the performance index
score, under division (C)(1)(b) of section 3302.03 of the Revised
Code, and an overall grade of "D" or "F" for the
value-added progress dimension or another measure of student academic
progress if adopted by the state
board department
of
education
and
workforce,
under division (C)(1)(e) of that section;
(b) A performance rating of less than three stars for achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and a performance rating of less than three stars for progress under division (D)(3)(c) of that section.
(2) The community school is one in which a majority of the students are enrolled in a dropout prevention and recovery program, and it has received a rating of "does not meet standards" for the annual student growth measure and combined graduation rates on the most recent report card issued for the school under section 3314.017 of the Revised Code.
(B) A community school to which division (A) of this section applies may enter into a contract with a new sponsor if all of the following conditions are satisfied:
(1) The proposed sponsor received a rating of "effective" or higher pursuant to division (B)(6) of section 3314.016 of the Revised Code on its most recent evaluation conducted according to that section, or the proposed sponsor is the office of Ohio school sponsorship established in section 3314.029 of the Revised Code.
(2) The community school submits a request to enter into a new contract with a sponsor.
(3) The community school has not submitted a prior request that was granted.
(4) The department grants the school's request pursuant to division (C) of this section.
(C)
A school shall submit a request to change sponsors under this section
not later than on the fifteenth day of February of the year in which
the school wishes to do so. The department shall grant or deny the
request not later than thirty days after the department receives it.
If the department denies the request, the community school may submit
an appeal to the state
board of education, which director
of education and workforce who shall
hold a hearing in accordance with Chapter 119. of the Revised Code.
The community school shall file its notice of appeal to the state
board director
not
later than ten days after receiving the decision from the department.
The state
board director
shall
conduct the hearing not later than thirty days after receiving the
school's notice of appeal and act upon the determination of the
hearing officer not later than the twenty-fifth day of June of the
year in which the school wishes to change sponsors.
(D) Factors to be considered during a hearing held pursuant to division (C) of this section include, but are not limited to, the following:
(1) The school's impact on the students and the community or communities it serves;
(2) The quality and quantity of academic and administrative support the school receives from its current sponsor to help the school to improve;
(3) The sponsor's annual evaluations of the community school under division (D)(2) of section 3314.03 of the Revised Code for the previous three years;
(4) The academic performance of the school, taking into account the demographic information of the students enrolled in the school;
(5) The academic performance of alternative schools that serve comparable populations of students as those served by the community school;
(6) The fiscal stability of the school;
(7) The results of any audits of the school by the auditor of state;
(8) The length of time the school has been under the oversight of its current sponsor;
(9) The number of times the school has changed sponsors prior to the current request;
(10) Parent and student satisfaction rates as demonstrated by surveys, if available.
Sec. 3314.035. Each community school shall post on the school's web site the name of each member of the school's governing authority. Each community school also shall provide, upon request, the name and address of each member of the governing authority to the sponsor of the school and the department of education and workforce.
Sec. 3314.038. Each community school shall annually submit to the department of education and workforce and auditor of state a report of each instance under which a student who is enrolled in that community school resides in a children's residential center as defined under section 5103.05 of the Revised Code.
Sec. 3314.039. The department of education and workforce shall compile and publish the following information, for each year since the 2010-2011 school year, in a simple, easily accessible location on its web site:
(A) A single document identifying each community school that has closed during each year and the reason for the closure of each school;
(B) A single document for each entity that submitted an application to sponsor schools that contains the following, where applicable:
(1) The entity's application and most recent evaluation;
(2) A designation of whether the entity's application was approved or denied;
(3) All documentation used in determining whether to approve or deny the entity's application;
(4) A short statement describing the rationale used in approving or denying the entity's application.
(C) A single document containing the following information:
(1) A list of all sponsor ratings for each school year for which ratings are available;
(2) A list of each sponsor that is prohibited, as of the thirty-first day of December of each school year, from sponsoring new schools;
(3) A list of each sponsor that sponsors or has sponsored a school that is or was subject to closure, and the reason for that closure.
(D) The department shall update the document required pursuant to division (A) of this section on an annual basis.
Sec. 3314.041. The governing authority of each community school and any operator of such school shall distribute to parents of students of the school upon their enrollment in the school the following statement in writing:
"The ______________ (here fill in name of the school) school is a community school established under Chapter 3314. of the Revised Code. The school is a public school and students enrolled in and attending the school are required to take proficiency tests and other examinations prescribed by law. In addition, there may be other requirements for students at the school that are prescribed by law. Students who have been excused from the compulsory attendance law for the purpose of home education as defined by the Administrative Code shall no longer be excused for that purpose upon their enrollment in a community school. For more information about this matter contact the school administration or the Ohio Department of Education and Workforce."
Sec. 3314.05. (A) The contract between the community school and the sponsor shall specify the facilities to be used for the community school and the method of acquisition. Except as provided in divisions (B)(3) and (4) of this section, no community school shall be established in more than one school district under the same contract.
(B) Division (B) of this section shall not apply to internet- or computer-based community schools.
(1) A community school may be located in multiple facilities under the same contract only if the limitations on availability of space prohibit serving all the grade levels specified in the contract in a single facility or division (B)(2), (3), or (4) of this section applies to the school. The school shall not offer the same grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities under the same contract and, notwithstanding division (B)(1) of this section, may assign students in the same grade level to multiple facilities, as long as all of the following apply:
(a) The governing authority has entered into and maintains a contract with an operator of the type described in division (A)(8)(b) of section 3314.02 of the Revised Code.
(b) The contract with that operator qualified the school to be established pursuant to division (A) of former section 3314.016 of the Revised Code.
(c) The school's rating under section 3302.03 of the Revised Code does not fall below a combination of any of the following for two or more consecutive years:
(i) A rating of "in need of continuous improvement" under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013;
(ii) For the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years, a rating of "C" for both the performance index score under division (A)(1)(b) or (B)(1)(b) and the value-added dimension under division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised Code; or if the building serves only grades ten through twelve, the building received a grade of "C" for the performance index score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code;
(iii) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021 school years, an overall grade of "C" under division (C)(3) of section 3302.03 of the Revised Code or an overall performance designation of "meets standards" under division (E)(3)(e) of section 3314.017 of the Revised Code;
(iv) For the 2021-2022 school year and any school year thereafter, an overall performance rating of three stars under division (D)(3) of section 3302.03 of the Revised Code or an overall performance designation of "meets standards" under division (E)(3)(e) of section 3314.017 of the Revised Code.
(3) On and after September 30, 2021, a new start-up community school may be established in two school districts under the same contract regardless of the proposed location of either district if both of the following apply:
(a) The school operates not more than one facility in each school district and, in accordance with division (B)(1) of this section, the school does not offer the same grade level classrooms in both facilities; and
(b) Transportation between the two facilities does not require more than thirty minutes of direct travel time as measured by school bus.
(4) A community school may be located in multiple facilities under the same contract and, notwithstanding division (B)(1) of this section, may assign students in the same grade level to multiple facilities, as long as both of the following apply:
(a) The facilities are all located in the same county or in any county adjacent to the county in which the community school's primary facility is located.
(b) Either of the following conditions are satisfied:
(i) The community school is sponsored by a board of education of a city, local, or exempted village school district having territory in the same county where the facilities of the community school are located or in any county adjacent to the county in which the community school's primary facility is located;
(ii) The community school is managed by an operator.
In the case of a community school to which division (B)(4) of this section applies and that maintains facilities in more than one school district, the school's governing authority shall designate one of those districts to be considered the school's primary location and the district in which the school is located for the purposes of division (A)(19) of section 3314.03 and divisions (C) and (H) of section 3314.06 of the Revised Code and for all other purposes of this chapter and shall notify the department of that designation.
(5) Any facility used for a community school shall meet all health and safety standards established by law for school buildings.
(C) In the case where a community school is proposed to be located in a facility owned by a school district or educational service center, the facility may not be used for such community school unless the district or service center board owning the facility enters into an agreement for the community school to utilize the facility. Use of the facility may be under any terms and conditions agreed to by the district or service center board and the school.
(D) Two or more separate community schools may be located in the same facility.
(E) In the case of a community school that is located in multiple facilities, beginning July 1, 2012, the department shall assign a unique identification number to the school and to each facility maintained by the school. Each number shall be used for identification purposes only. Nothing in this division shall be construed to require the department to calculate the amount of funds paid under this chapter, or to compute any data required for the report cards issued under section 3314.012 of the Revised Code, for each facility separately. The department shall make all such calculations or computations for the school as a whole.
(F)(1)
In the case of a community school that exists prior to September 30,
2021, to which division (B)(3) of this section applies, if only one
of the school districts in which the school is established was
located in a challenged school district prior to September 30, 2021,
that district continues to be considered the school's primary
location and the district in which the school is located for the
purposes of division (A)(19) of section 3314.03 and divisions (C) and
(H) of section 3314.06 of the Revised Code and for all other purposes
of this chapter unless and until the school's governing authority
designates a different school district as the school's primary
location in accordance with division (F)(2) of this section. If both
of the school districts in which the school is established were
challenged school districts on that date, and the primary location
was already designated by the school's governing authority pursuant
to the requirements of this section as it existed prior to the
September
30, 2021, that designation remains unless and until the school's
governing authority designates a different primary location.
(2)(a) On and after September 30, 2021, when a new start-up community school is established in two school districts under the same contract, the school's governing authority shall designate one of those districts to be considered the school's primary location and the district in which the school is located for the purposes of division (A)(19) of section 3314.03 and divisions (C) and (H) of section 3314.06 of the Revised Code and for all other purposes of this chapter and shall notify the department of education and workforce of that designation.
(b) A community school governing authority that elects to modify a community school's primary location, whether in accordance with division (F)(1) of this section or otherwise, shall notify the department of that modification.
Sec. 3314.06. The governing authority of each community school established under this chapter shall adopt admission procedures that specify the following:
(A) That, except as otherwise provided in this section, admission to the school shall be open to any individual age five to twenty-two entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code in a school district in the state.
Additionally, except as otherwise provided in this section, admission to the school may be open on a tuition basis to any individual age five to twenty-two who is not a resident of this state. The school shall not receive state funds under section 3317.022 of the Revised Code for any student who is not a resident of this state.
An individual younger than five years of age may be admitted to the school in accordance with division (A)(2) of section 3321.01 of the Revised Code. The school shall receive funds for an individual admitted under that division in the manner provided under section 3317.022 of the Revised Code.
If the school operates a program that uses the Montessori method endorsed by the American Montessori society, the Montessori accreditation council for teacher education, or the association Montessori internationale as its primary method of instruction, admission to the school may be open to individuals younger than five years of age but the school shall not receive funds under section 3317.022 of the Revised Code for those individuals. Notwithstanding anything to the contrary in this chapter, individuals younger than five years of age who are enrolled in a Montessori program shall be offered at least four hundred fifty-five hours of learning opportunities per school year.
If the school operates a preschool program that is licensed by the department of education and workforce under sections 3301.52 to 3301.59 of the Revised Code, admission to the school may be open to individuals who are younger than five years of age, but the school shall not receive funds under this chapter for those individuals.
(B)(1) That admission to the school may be limited to students who have attained a specific grade level or are within a specific age group; to students that meet a definition of "at-risk," as defined in the contract; to residents of a specific geographic area within the district, as defined in the contract; or to separate groups of autistic students and nondisabled students, as authorized in section 3314.061 of the Revised Code and as defined in the contract.
(2) For purposes of division (B)(1) of this section, "at-risk" students may include those students identified as gifted students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in the district in which the school is located or is open to residents of other districts, as provided in the policy adopted pursuant to the contract.
(D)(1) That there will be no discrimination in the admission of students to the school on the basis of race, creed, color, disability, or sex except that:
(a) The governing authority may do either of the following for the purpose described in division (G) of this section:
(i) Establish a single-gender school for either sex;
(ii) Establish single-gender schools for each sex under the same contract, provided substantially equal facilities and learning opportunities are offered for both boys and girls. Such facilities and opportunities may be offered for each sex at separate locations.
(b) The governing authority may establish a school that simultaneously serves a group of students identified as autistic and a group of students who are not disabled, as authorized in section 3314.061 of the Revised Code. However, unless the total capacity established for the school has been filled, no student with any disability shall be denied admission on the basis of that disability.
(2) That upon admission of any student with a disability, the community school will comply with all federal and state laws regarding the education of students with disabilities.
(E) That the school may not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, or athletic ability, except that a school may limit its enrollment to students as described in division (B) of this section.
(F) That the community school will admit the number of students that does not exceed the capacity of the school's programs, classes, grade levels, or facilities.
(G) That the purpose of single-gender schools that are established shall be to take advantage of the academic benefits some students realize from single-gender instruction and facilities and to offer students and parents residing in the district the option of a single-gender education.
(H) That, except as otherwise provided under division (B) of this section or section 3314.061 of the Revised Code, if the number of applicants exceeds the capacity restrictions of division (F) of this section, students shall be admitted by lot from all those submitting applications, except preference shall be given to students attending the school the previous year and to students who reside in the district in which the school is located. Preference may be given to siblings of students attending the school the previous year. Preference also may be given to students who are the children of full-time staff members employed by the school, provided the total number of students receiving this preference is less than five per cent of the school's total enrollment.
Notwithstanding divisions (A) to (H) of this section, in the event the racial composition of the enrollment of the community school is violative of a federal desegregation order, the community school shall take any and all corrective measures to comply with the desegregation order.
Sec. 3314.072. The provisions of this section are enacted to promote the public health, safety, and welfare by establishing procedures under which the governing authorities of community schools established under this chapter will be held accountable for their compliance with the terms of the contracts they enter into with their school's sponsors and the law relating to the school's operation. Suspension of the operation of a school imposed under this section is intended to encourage the governing authority's compliance with the terms of the school's contract and the law and is not intended to be an alteration of the terms of that contract.
(A) If a sponsor of a community school established under this chapter suspends the operation of that school pursuant to procedures set forth in this section, the governing authority shall not operate that school while the suspension is in effect. Any such suspension shall remain in effect until the sponsor notifies the governing authority that it is no longer in effect. The contract of a school of which operation is suspended under this section also may be subject to termination or nonrenewal under section 3314.07 of the Revised Code.
(B) If at any time conditions at the school do not comply with a health and safety standard established by law for school buildings, the sponsor shall immediately suspend the operation of the school pursuant to procedures set forth in division (D) of this section. If the sponsor fails to take action to suspend the operation of a school to which this division applies, the department of education and workforce may take such action.
(C)(1)
For any of the reasons prescribed in division
divisions
(B)(1)(a)
to (d) of section 3314.07 of the Revised Code, the sponsor of a
community school established under this chapter may suspend the
operation of the school only if it first issues to the governing
authority notice of the sponsor's intent to suspend the operation of
the contract. Such notice shall explain the reasons for the sponsor's
intent to suspend operation of the contract and shall provide the
school's governing authority with five business days to submit to the
sponsor a proposal to remedy the conditions cited as reasons for the
suspension.
(2) The sponsor shall promptly review any proposed remedy timely submitted by the governing authority and either approve or disapprove the remedy. If the sponsor disapproves the remedy proposed by the governing authority, if the governing authority fails to submit a proposed remedy in the manner prescribed by the sponsor, or if the governing authority fails to implement the remedy as approved by the sponsor, the sponsor may suspend operation of the school pursuant to procedures set forth in division (D) of this section.
(D)(1) If division (B) of this section applies or if the sponsor of a community school established under this chapter decides to suspend the operation of a school as permitted in division (C)(2) of this section, the sponsor shall promptly send written notice to the governing authority stating that the operation of the school is immediately suspended, and explaining the specific reasons for the suspension. The notice shall state that the governing authority has five business days to submit a proposed remedy to the conditions cited as reasons for the suspension or face potential contract termination.
(2) Upon receipt of the notice of suspension prescribed under division (D)(1) of this section, the governing authority shall immediately notify the employees of the school and the parents of the students enrolled in the school of the suspension and the reasons therefore, and shall cease all school operations on the next business day.
(E)(1) Beginning with the 2013-2014 school year, if the sponsor of a community school suspends the operation of that school pursuant to procedures set forth in this section, the school's contract with the sponsor under section 3314.03 of the Revised Code shall become void, if the governing authority of the school fails to provide a proposal to remedy the conditions cited by the sponsor as reasons for the suspension, to the satisfaction of the sponsor, by the thirtieth day of September of the school year immediately following the school year in which the operation of school was suspended.
(2)
If, prior to
the
effective date of this amendment
September
29, 2013,
the sponsor of a community school has suspended the operation of the
school, the contract with the sponsor under section 3314.03 of the
Revised Code shall become void if the governing authority of the
school fails to provide by September 30, 2014, a proposal to remedy
the conditions cited by the sponsor as reasons for the suspension, to
the satisfaction of the sponsor.
Sec. 3314.074. Divisions (A) and (B) of this section apply only to the extent permitted under Chapter 1702. of the Revised Code.
(A)
If any community school established under this chapter permanently
closes and ceases its operation as a community school, the assets of
that school shall be distributed first to the retirement funds of
employees of the school, employees of the school, and private
creditors who are owed compensation, and then any remaining funds
shall be paid to the department of education and
workforce for
redistribution to the school districts in which the students who were
enrolled in the school at the time it ceased operation were entitled
to attend school under section 3313.64 or 3313.65 of the Revised
Code. The amount distributed to each school district shall be
proportional to the district's share of the total enrollment in the
community school. For any community school that closes after fiscal
year 2021, any remaining funds shall be paid to the department of
education and
deposited into the state general revenue fund.
(B)
If a community school closes and ceases to operate as a community
school and the school has received computer hardware or software from
the former Ohio SchoolNet commission or the former eTech Ohio
commission, such hardware or software shall be turned over to the
department
of
education,
which shall redistribute the hardware and software, to the extent
such redistribution is possible, to school districts in conformance
with the provisions of the programs as they were operated and
administered by the former eTech Ohio commission.
(C) If the assets of the school are insufficient to pay all persons or entities to whom compensation is owed, the prioritization of the distribution of the assets to individual persons or entities within each class of payees may be determined by decree of a court in accordance with this section and Chapter 1702. of the Revised Code.
(D)
A community school that engages in a merger or consolidation pursuant
to division (B) of section 1702.41 of the Revised Code and becomes a
single public benefit corporation shall not be required to distribute
assets pursuant to divisions (A), (B), and (C) of this section,
provided that the governing authority of the community school created
by the merger or consolidation enters into a contract for sponsorship
under section 3314.03 of the Revised Code with an entity rated
"effective" or higher by the department of
education pursuant
to section 3314.016 of the Revised Code.
Sec. 3314.08. (A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(2) "Resident district" means the school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(B)
The state
board department
of
education
and
workforce
shall
adopt rules requiring the governing authority of each community
school established under this chapter to annually report all of the
following:
(1) The number of students enrolled in grades one through twelve and the full-time equivalent number of students enrolled in kindergarten in the school who are not receiving special education and related services pursuant to an IEP;
(2) The number of enrolled students in grades one through twelve and the full-time equivalent number of enrolled students in kindergarten, who are receiving special education and related services pursuant to an IEP;
(3) The number of students reported under division (B)(2) of this section receiving special education and related services pursuant to an IEP for a disability described in each of divisions (A) to (F) of section 3317.013 of the Revised Code;
(4) The full-time equivalent number of students reported under divisions (B)(1) and (2) of this section who are enrolled in career-technical education programs or classes described in each of divisions (A)(1) to (5) of section 3317.014 of the Revised Code that are provided by the community school;
(5) The number of students reported under divisions (B)(1) and (2) of this section who are not reported under division (B)(4) of this section but who are enrolled in career-technical education programs or classes described in each of divisions (A)(1) to (5) of section 3317.014 of the Revised Code at a joint vocational school district or another district in the career-technical planning district to which the school is assigned;
(6) The number of students reported under divisions (B)(1) and (2) of this section who are category one to three English learners described in each of divisions (A) to (C) of section 3317.016 of the Revised Code;
(7) The number of students reported under divisions (B)(1) and (2) of this section who are economically disadvantaged, as defined by the department. A student shall not be categorically excluded from the number reported under division (B)(7) of this section based on anything other than family income.
(8) For each student, the city, exempted village, or local school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(9)
The number of students enrolled in a preschool program operated by
the school that is licensed by the department
of
education
under
sections 3301.52 to 3301.59 of the Revised Code who are not receiving
special education and related services pursuant to an IEP.
A school district board and a community school governing authority shall include in their respective reports under division (B) of this section any child admitted in accordance with division (A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include in its report under divisions (B)(1) to (9) of this section any student for whom tuition is charged under division (F) of this section.
(C)(1)(a)
If a community school's costs for a fiscal year for a student
receiving special education and related services pursuant to an IEP
for a disability described in divisions (B) to (F) of section
3317.013 of the Revised Code exceed the threshold catastrophic cost
for serving the student as specified in division (B) of section
3317.0214 of the Revised Code, the school may submit to the
superintendent
of public instruction director
of education and workforce documentation,
as prescribed by the superintendentdirector,
of all its costs for that student. Upon submission of documentation
for a student of the type and in the manner prescribed, the
department shall pay to the community school an amount equal to the
school's costs for the student in excess of the threshold
catastrophic costs.
(b) The community school shall report under division (C)(1)(a) of this section, and the department shall pay for, only the costs of educational expenses and the related services provided to the student in accordance with the student's individualized education program. Any legal fees, court costs, or other costs associated with any cause of action relating to the student may not be included in the amount.
(2) In any fiscal year, a community school receiving funds under division (A)(7) of section 3317.022 of the Revised Code shall spend those funds only for the purposes that the department designates as approved for career-technical education expenses. Career-technical education expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school to report data annually so that the department may monitor the school's compliance with the requirements regarding the manner in which funding received under division (A)(7) of section 3317.022 of the Revised Code may be spent.
(3) Notwithstanding anything to the contrary in section 3313.90 of the Revised Code, except as provided in division (C)(5) of this section, all funds received under division (A)(7) of section 3317.022 of the Revised Code shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be spent on curriculum development, purchase, and implementation; instructional resources and supplies; industry-based program certification; student assessment, credentialing, and placement; curriculum specific equipment purchases and leases; career-technical student organization fees and expenses; home and agency linkages; work-based learning experiences; professional development; and other costs directly associated with career-technical education programs including development of new programs.
(b) Not more than twenty-five per cent of the funds shall be used for personnel expenditures.
(4) A community school shall spend the funds it receives under division (A)(4) of section 3317.022 of the Revised Code in accordance with section 3317.25 of the Revised Code.
(5) The department may waive the requirement in division (C)(3) of this section for any community school that exclusively provides one or more career-technical workforce development programs in arts and communications that are not equipment-intensive, as determined by the department.
(6) For fiscal years 2022 and 2023, a community school shall spend the funds it receives under division (A)(5) of section 3317.022 of the Revised Code only for services for English learners.
(D) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.
(E) A community school may not levy taxes or issue bonds secured by tax revenues.
(F) No community school shall charge tuition for the enrollment of any student who is a resident of this state. A community school may charge tuition for the enrollment of any student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to section 3317.022 of the Revised Code. The school may issue notes to evidence such borrowing. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of the Revised Code, the state is not liable for debt incurred by the governing authority of a community school.
(H)
The department of
education shall
adjust the amounts paid under section 3317.022 of the Revised Code to
reflect any enrollment of students in community schools for less than
the equivalent of a full school year. The state
board of education within ninety days after April 8, 2003, department
shall
adopt in accordance with Chapter 119. of the Revised Code rules
governing the payments to community schools under section 3317.022 of
the Revised Code including initial payments in a school year and
adjustments and reductions made in subsequent periodic payments to
community schools as provided under section 3317.022 of the Revised
Code. For purposes of this division:
(1) A student shall be considered enrolled in the community school for any portion of the school year the student is participating at a college under Chapter 3365. of the Revised Code.
(2) A student shall be considered to be enrolled in a community school for the period of time beginning on the later of the date on which the school both has received documentation of the student's enrollment from a parent and the student has commenced participation in learning opportunities as defined in the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. For purposes of applying this division and divisions (H)(3) and (4) of this section to a community school student, "learning opportunities" shall be defined in the contract, which shall describe both classroom-based and non-classroom-based learning opportunities and shall be in compliance with criteria and documentation requirements for student participation which shall be established by the department. Any student's instruction time in non-classroom-based learning opportunities shall be certified by an employee of the community school. A student's enrollment shall be considered to cease on the date on which any of the following occur:
(a) The community school receives documentation from a parent terminating enrollment of the student.
(b) The community school is provided documentation of a student's enrollment in another public or private school.
(c) The community school ceases to offer learning opportunities to the student pursuant to the terms of the contract with the sponsor or the operation of any provision of this chapter.
Except as otherwise specified in this paragraph, beginning in the 2011-2012 school year, any student who completed the prior school year in an internet- or computer-based community school shall be considered to be enrolled in the same school in the subsequent school year until the student's enrollment has ceased as specified in division (H)(2) of this section. The department shall continue paying amounts for the student under section 3317.022 of the Revised Code without interruption at the start of the subsequent school year. However, if the student without a legitimate excuse fails to participate in the first seventy-two consecutive hours of learning opportunities offered to the student in that subsequent school year, the student shall be considered not to have re-enrolled in the school for that school year and the department shall recalculate the payments to the school for that school year to account for the fact that the student is not enrolled.
(3) The department shall determine each community school student's percentage of full-time equivalency based on the percentage of learning opportunities offered by the community school to that student, reported either as number of hours or number of days, is of the total learning opportunities offered by the community school to a student who attends for the school's entire school year. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive hours. Whether it reports hours or days of learning opportunities, each community school shall offer not less than nine hundred twenty hours of learning opportunities during the school year.
(4) With respect to the calculation of full-time equivalency under division (H)(3) of this section, the department shall waive the number of hours or days of learning opportunities not offered to a student because the community school was closed during the school year due to disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school's operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use, so long as the school was actually open for instruction with students in attendance during that school year for not less than the minimum number of hours required by this chapter. The department shall treat the school as if it were open for instruction with students in attendance during the hours or days waived under this division.
(I) The department of education and workforce shall reduce the amounts paid under section 3317.022 of the Revised Code to reflect payments made to colleges under section 3365.07 of the Revised Code.
(J)(1) No student shall be considered enrolled in any internet- or computer-based community school or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless both of the following conditions are satisfied:
(a) The student possesses or has been provided with all required hardware and software materials and all such materials are operational so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section 3314.22 of the Revised Code, relative to such student.
(2)
In accordance with policies adopted by the superintendent
of public instructiondepartment
of education and workforce,
in consultation with the auditor of state, the department shall
reduce the amounts otherwise payable under section 3317.022 of the
Revised Code to any community school that includes in its program the
provision of computer hardware and software materials to any student,
if such hardware and software materials have not been delivered,
installed, and activated for each such student in a timely manner or
other educational materials or services have not been provided
according to the contract between the individual community school and
its sponsor.
The
superintendent
of public instruction director
and
the auditor of state shall jointly establish a method for auditing
any community school to which this division pertains to ensure
compliance with this section.
The
superintendentdirector,
auditor of state, and the governor shall jointly make recommendations
to the general assembly for legislative changes that may be required
to assure fiscal and academic accountability for such schools.
(K)(1) If the department determines that a review of a community school's enrollment is necessary, such review shall be completed and written notice of the findings shall be provided to the governing authority of the community school and its sponsor within ninety days of the end of the community school's fiscal year, unless extended for a period not to exceed thirty additional days for one of the following reasons:
(a) The department and the community school mutually agree to the extension.
(b) Delays in data submission caused by either a community school or its sponsor.
(2) If the review results in a finding that additional funding is owed to the school, such payment shall be made within thirty days of the written notice. If the review results in a finding that the community school owes moneys to the state, the following procedure shall apply:
(a)
Within ten business days of the receipt of the notice of findings,
the community school may appeal the department's determination to the
state
board of education or its designee
director.
(b)
The board
or its designee director
shall
conduct an informal hearing on the matter within thirty days of
receipt of such an appeal and shall issue a decision within fifteen
days of the conclusion of the hearing.
(c)
If
the board has enlisted a designee to conduct the hearing, the
designee shall certify its decision to the board. The board may
accept the decision of the designee or may reject the decision of the
designee and issue its own decision on the matter.
(d)
Any
decision made by the board
director
under
this division is final.
(3)
If it is decided that the community school owes moneys to the state,
the department shall deduct such amount from the school's future
payments in accordance with guidelines issued by the superintendent
of public instructiondirector.
(L) The department shall not pay to a community school under section 3317.022 of the Revised Code any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3)
Any student who was enrolled in the community school during the
previous school year when assessments were administered under section
3301.0711 of the Revised Code but did not take one or more of the
assessments required by that section and was not excused pursuant to
division (C)(1) or (3) of that section, unless the superintendent
of public instruction director
grants
the student a waiver from the requirement to take the assessment and
a parent is not paying tuition for the student pursuant to section
3314.26 of the Revised Code. The superintendent
director
may
grant a waiver only for good cause in accordance with rules adopted
by the
state
board of education
department.
(4) Any student who has attained the age of twenty-two years, except for veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for enrollment in a community school not later than four years after termination of war or their honorable discharge. If, however, any such veteran elects to enroll in special courses organized for veterans for whom tuition is paid under federal law, or otherwise, the department shall not pay to a community school under section 3317.022 of the Revised Code any amount for that veteran.
Sec. 3314.081. To the extent permitted by federal law, the department of education and workforce shall include community schools established under this chapter in its annual allocation of federal moneys under Title I of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6301, et seq.
Sec. 3314.083. If the department of education and workforce pays a joint vocational school district under division (C)(3) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a student with a disability who is enrolled in a community school, as calculated under division (C)(1) of that section, the department shall deduct the amount of that payment from the amount calculated for payment to the community school under section 3317.022 of the Revised Code.
Sec. 3314.087. (A) As used in this section:
(1) "Career-technical program" means career-technical programs or classes described in division (A)(1), (2), (3), (4), or (5) of section 3317.014 of the Revised Code in which a student is enrolled.
(2) "Category one through five career-technical education ADM," and "FTE basis" have the same meanings as in section 3317.02 of the Revised Code.
(3) "Resident school district" means the city, exempted village, or local school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(B) Notwithstanding anything to the contrary in this chapter or Chapter 3317. of the Revised Code, a student enrolled in a community school may simultaneously enroll in the career-technical program operated by the career-technical planning district to which the student's resident district belongs. On an FTE basis, the student's resident school district shall count the student in the category one through five career-technical education ADM for the proportion of the time the student is enrolled in a career-technical program of the career-technical planning district to which the student's resident district belongs and, accordingly, the department of education and workforce shall calculate funds under Chapter 3317. of the Revised Code for the resident district attributable to the student for the proportion of time the student attends the career-technical program. The community school shall count the student in its enrollment report under section 3314.08 of the Revised Code and shall report to the department the proportion of time that the student attends classes at the community school. The department shall pay the community school the amount computed for the student under section 3317.022 of the Revised Code in proportion to the fraction of the time on an FTE basis that the student attends classes at the community school. "Full-time equivalency" for a community school student, as defined in division (H) of section 3314.08 of the Revised Code, does not apply to the student.
Sec.
3314.091. (A)
A school district is not required to provide transportation for any
native student enrolled in a community school if the district board
of education has entered into an agreement with the community
school's governing authority that designates the community school as
responsible for providing or arranging for the transportation of the
district's native students to and from the community school. For any
such agreement to be effective, it must be certified by the
superintendent
of public instruction director
of education and workforce as
having met all of the following requirements:
(1) It is submitted to the department of education and workforce by a deadline which shall be established by the department.
(2) In accordance with divisions (C)(1) and (2) of this section, it specifies qualifications, such as residing a minimum distance from the school, for students to have their transportation provided or arranged.
(3) The transportation provided by the community school is subject to all provisions of the Revised Code and all rules adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the agreement.
(B)(1) For the school year that begins on July 1, 2007, a school district is not required to provide transportation for any native student enrolled in a community school, if the community school during the previous school year transported the students enrolled in the school or arranged for the students' transportation, even if that arrangement consisted of having parents transport their children to and from the school, but did not enter into an agreement to transport or arrange for transportation for those students under division (A) of this section, and if the governing authority of the community school by July 15, 2007, submits written notification to the district board of education stating that the governing authority is accepting responsibility for providing or arranging for the transportation of the district's native students to and from the community school.
(2) Except as provided in division (B)(4) of this section, for any school year subsequent to the school year that begins on July 1, 2007, a school district is not required to provide transportation for any native student enrolled in a community school if the governing authority of the community school, by the first day of August, submits written notification to the district board of education stating that the governing authority is accepting responsibility for providing or arranging for the transportation of the district's native students to and from the community school. If the governing authority of the community school has previously accepted responsibility for providing or arranging for the transportation of a district's native students to and from the community school, under division (B)(1) or (2) of this section, and has since relinquished that responsibility under division (B)(3) of this section, the governing authority shall not accept that responsibility again unless the district board consents to the governing authority's acceptance of that responsibility.
(3) A governing authority's acceptance of responsibility under division (B)(1) or (2) of this section shall cover an entire school year, and shall remain in effect for subsequent school years unless the governing authority submits written notification to the district board that the governing authority is relinquishing the responsibility. However, a governing authority shall not relinquish responsibility for transportation before the end of a school year, and shall submit the notice relinquishing responsibility by the thirty-first day of January, in order to allow the school district reasonable time to prepare transportation for its native students enrolled in the school.
(4)(a) For any school year that begins on or after July 1, 2014, a school district is not required to provide transportation for any native student enrolled in a community school scheduled to open for operation in the current school year, if the governing authority of the community school, by the fifteenth day of April of the previous school year, submits written notification to the district board of education stating that the governing authority is accepting responsibility for providing or arranging for the transportation of the district's native students to and from the community school.
(b) The governing authority of a community school that accepts responsibility for transporting its students under division (B)(4)(a) of this section shall comply with divisions (B)(2) and (3) of this section to renew or relinquish that authority for subsequent school years.
(C)(1)
A community school governing authority that enters into an agreement
under division (A) of this section, or that accepts responsibility
under division (B) of this section, shall provide or arrange
transportation free of any charge for each of its enrolled students
who is required to be transported under section 3327.01 of the
Revised Code. The governing authority shall report to the department
of education
and
workforce
the
number of students transported or for whom transportation is arranged
under this section in accordance with rules adopted by the
state
board of education
department.
(2) The governing authority may provide or arrange transportation for any other enrolled student who is not eligible for transportation in accordance with division (C)(1) of this section and may charge a fee for such service up to the actual cost of the service.
(3) Notwithstanding anything to the contrary in division (C)(1) or (2) of this section, a community school governing authority shall provide or arrange transportation free of any charge for any disabled student enrolled in the school for whom the student's individualized education program developed under Chapter 3323. of the Revised Code specifies transportation.
(D) A community school shall use payments received under division (H) of section 3317.0212 of the Revised Code solely to pay the costs of providing or arranging for the transportation of students who are eligible as specified in section 3327.01 of the Revised Code and division (C)(1) of this section, which may include payments to a parent, guardian, or other person in charge of a child in lieu of transportation.
(E) Except when arranged through payment to a parent, guardian, or person in charge of a child, transportation provided or arranged for by a community school pursuant to an agreement under this section is subject to all provisions of the Revised Code, and all rules adopted under the Revised Code, pertaining to the construction, design, equipment, and operation of school buses and other vehicles transporting students to and from school. The drivers and mechanics of the vehicles are subject to all provisions of the Revised Code, and all rules adopted under the Revised Code, pertaining to drivers and mechanics of such vehicles. The community school also shall comply with sections 3313.201, 3327.09, and 3327.10 of the Revised Code, division (B) of section 3327.16 of the Revised Code and, subject to division (C)(1) of this section, sections 3327.01 and 3327.02 of the Revised Code, as if it were a school district.
Sec. 3314.10. (A)(1) The governing authority of any community school established under this chapter may employ teachers and nonteaching employees necessary to carry out its mission and fulfill its contract.
(2) Except as provided under division (A)(3) of this section, employees hired under this section may organize and collectively bargain pursuant to Chapter 4117. of the Revised Code. Notwithstanding division (D)(1) of section 4117.06 of the Revised Code, a unit containing teaching and nonteaching employees employed under this section shall be considered an appropriate unit. Except as provided in divisions (B)(2)(b) and (c) of section 3307.01 of the Revised Code and in section 3309.013 of the Revised Code, employment under this section is subject to either Chapter 3307. or 3309. of the Revised Code.
(3) If a school is created by converting all or part of an existing public school rather than by establishment of a new start-up school, at the time of conversion, the employees of the community school shall remain part of any collective bargaining unit in which they were included immediately prior to the conversion and shall remain subject to any collective bargaining agreement for that unit in effect on the first day of July of the year in which the community school initially begins operation and shall be subject to any subsequent collective bargaining agreement for that unit, unless a petition is certified as sufficient under division (A)(6) of this section with regard to those employees. Any new employees of the community school shall also be included in the unit to which they would have been assigned had not the conversion taken place and shall be subject to the collective bargaining agreement for that unit unless a petition is certified as sufficient under division (A)(6) of this section with regard to those employees.
Notwithstanding division (B) of section 4117.01 of the Revised Code, the board of education of a school district and not the governing authority of a community school shall be regarded, for purposes of Chapter 4117. of the Revised Code, as the "public employer" of the employees of a conversion community school subject to a collective bargaining agreement pursuant to division (A)(3) of this section unless a petition is certified under division (A)(6) of this section with regard to those employees. Only on and after the effective date of a petition certified as sufficient under division (A)(6) of this section shall division (A)(2) of this section apply to those employees of that community school and only on and after the effective date of that petition shall Chapter 4117. of the Revised Code apply to the governing authority of that community school with regard to those employees.
(4) Notwithstanding sections 4117.03 to 4117.18 of the Revised Code and Section 4 of Amended Substitute Senate Bill No. 133 of the 115th general assembly, the employees of a conversion community school who are subject to a collective bargaining agreement pursuant to division (A)(3) of this section shall cease to be subject to that agreement and all subsequent agreements pursuant to that division and shall cease to be part of the collective bargaining unit that is subject to that and all subsequent agreements, if a majority of the employees of that community school who are subject to that collective bargaining agreement sign and submit to the state employment relations board a petition requesting all of the following:
(a) That all the employees of the community school who are subject to that agreement be removed from the bargaining unit that is subject to that agreement and be designated by the state employment relations board as a new and separate bargaining unit for purposes of Chapter 4117. of the Revised Code;
(b) That the employee organization certified as the exclusive representative of the employees of the bargaining unit from which the employees are to be removed be certified as the exclusive representative of the new and separate bargaining unit for purposes of Chapter 4117. of the Revised Code;
(c) That the governing authority of the community school be regarded as the "public employer" of these employees for purposes of Chapter 4117. of the Revised Code.
(5) Notwithstanding sections 4117.03 to 4117.18 of the Revised Code and Section 4 of Amended Substitute Senate Bill No. 133 of the 115th general assembly, the employees of a conversion community school who are subject to a collective bargaining agreement pursuant to division (A)(3) of this section shall cease to be subject to that agreement and all subsequent agreements pursuant to that division, shall cease to be part of the collective bargaining unit that is subject to that and all subsequent agreements, and shall cease to be represented by any exclusive representative of that collective bargaining unit, if a majority of the employees of the community school who are subject to that collective bargaining agreement sign and submit to the state employment relations board a petition requesting all of the following:
(a) That all the employees of the community school who are subject to that agreement be removed from the bargaining unit that is subject to that agreement;
(b) That any employee organization certified as the exclusive representative of the employees of that bargaining unit be decertified as the exclusive representative of the employees of the community school who are subject to that agreement;
(c) That the governing authority of the community school be regarded as the "public employer" of these employees for purposes of Chapter 4117. of the Revised Code.
(6) Upon receipt of a petition under division (A)(4) or (5) of this section, the state employment relations board shall check the sufficiency of the signatures on the petition. If the signatures are found sufficient, the board shall certify the sufficiency of the petition and so notify the parties involved, including the board of education, the governing authority of the community school, and any exclusive representative of the bargaining unit. The changes requested in a certified petition shall take effect on the first day of the month immediately following the date on which the sufficiency of the petition is certified under division (A)(6) of this section.
(B)(1) The board of education of each city, local, and exempted village school district sponsoring a community school and the governing board of each educational service center in which a community school is located shall adopt a policy that provides a leave of absence of at least three years to each teacher or nonteaching employee of the district or service center who is employed by a conversion or new start-up community school sponsored by the district or located in the district or center for the period during which the teacher or employee is continuously employed by the community school. The policy shall also provide that any teacher or nonteaching employee may return to employment by the district or service center if the teacher or employee leaves or is discharged from employment with the community school for any reason, unless, in the case of a teacher, the board of the district or service center determines that the teacher was discharged for a reason for which the board would have sought to discharge the teacher under section 3311.82 or 3319.16 of the Revised Code, in which case the board may proceed to discharge the teacher utilizing the procedures of that section. Upon termination of such a leave of absence, any seniority that is applicable to the person shall be calculated to include all of the following: all employment by the district or service center prior to the leave of absence; all employment by the community school during the leave of absence; and all employment by the district or service center after the leave of absence. The policy shall also provide that if any teacher holding valid certification returns to employment by the district or service center upon termination of such a leave of absence, the teacher shall be restored to the previous position and salary or to a position and salary similar thereto. If, as a result of teachers returning to employment upon termination of such leaves of absence, a school district or educational service center reduces the number of teachers it employs, it shall make such reductions in accordance with section 3319.171 of the Revised Code.
Unless a collective bargaining agreement providing otherwise is in effect for an employee of a conversion community school pursuant to division (A)(3) of this section, an employee on a leave of absence pursuant to this division shall remain eligible for any benefits that are in addition to benefits under Chapter 3307. or 3309. of the Revised Code provided by the district or service center to its employees provided the employee pays the entire cost associated with such benefits, except that personal leave and vacation leave cannot be accrued for use as an employee of a school district or service center while in the employ of a community school unless the district or service center board adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division (B)(1) of this section, a conversion community school shall permit a teacher to use sick leave accrued while in the employ of the school district from which the leave of absence was taken and prior to commencing such leave. If a teacher who is on such a leave of absence uses sick leave so accrued, the cost of any salary paid by the community school to the teacher for that time shall be reported to the department of education and workforce. The cost of employing a substitute teacher for that time shall be paid by the community school. The department of education and workforce shall add amounts to the payments made to a community school under this chapter as necessary to cover the cost of salary reported by a community school as paid to a teacher using sick leave so accrued pursuant to this section. The department shall subtract the amounts of any payments made to community schools under this division from payments made to such sponsoring school district under Chapter 3317. of the Revised Code.
A school district providing a leave of absence and employee benefits to a person pursuant to this division is not liable for any action of that person while the person is on such leave and employed by a community school.
Sec. 3314.101. (A) As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a community school established under this chapter or by an operator is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 of the Revised Code, if the person holds a license, or an offense listed in division (B)(1) of section 3319.39 of the Revised Code, if the person does not hold a license, the chief administrator of the community school in which that person works shall suspend that person from all duties that require the care, custody, or control of a child during the pendency of the criminal action against the person. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is the chief administrator of the community school, the governing authority of the school shall suspend the chief administrator from all duties that require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in accordance with this section, the chief administrator or governing authority that imposed the suspension promptly shall report the person's suspension to the department of education and workforce and state board of education. The report shall include the offense for which the person was arrested, summoned, or indicted.
Sec. 3314.11. (A) The governing authority of each community school established under this chapter monthly shall review the residency records of students enrolled in that community school. Upon the enrollment of each student and on an annual basis, the governing authority shall verify to the department of education and workforce the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
The school district may review the determination made by the community school under division (A) of this section.
(B)(1) For purposes of its initial reporting of the school districts in which its students are entitled to attend school, the governing authority of a community school shall adopt a policy that prescribes the number of documents listed in division (E) of this section required to verify a student's residency. This policy shall supersede any policy concerning the number of documents for initial residency verification adopted by the district the student is entitled to attend.
(2) For purposes of the annual reporting of the school districts in which its students are entitled to attend school, the governing authority of a community school shall adopt a policy that prescribes the information required to verify a student's residency. This information may be obtained through any type of document, including any of the documents listed in division (E) of this section, or any type of communication with a government official authorized to provide such information.
(C) For purposes of making the determinations required under this section, the school district in which a parent or child resides is the location the parent or student has established as the primary residence and where substantial family activity takes place.
(D) If a community school's determination under division (A) of this section of the school district a student is entitled to attend under section 3313.64 or 3313.65 of the Revised Code differs from a district's determination, the community school that made the determination under division (A) of this section shall provide the school district with documentation of the student's residency and shall make a good faith effort to accurately identify the correct residence of the student.
(E) For purposes of this section, the following documents may serve as evidence of primary residence:
(1) A deed, mortgage, lease, current home owner's or renter's insurance declaration page, or current real property tax bill;
(2) A utility bill or receipt of utility installation issued within ninety days of enrollment;
(3) A paycheck or paystub issued to the parent or student within ninety days of the date of enrollment that includes the address of the parent's or student's primary residence;
(4) The most current available bank statement issued to the parent or student that includes the address of the parent's or student's primary residence;
(5)
Any other official document issued to the parent or student that
includes the address of the parent's or student's primary residence.
The superintendent
of public instruction department
shall
develop guidelines for determining what qualifies as an "official
document" under this division.
(F) When a student loses permanent housing and becomes a homeless child or youth, as defined in 42 U.S.C. 11434a, or when a child who is such a homeless child or youth changes temporary living arrangements, the district in which the student is entitled to attend school shall be determined in accordance with division (F)(13) of section 3313.64 of the Revised Code and the "McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.
(G)
In the event of a disagreement as to which school district a student
is entitled to attend, the community school, after complying with
division (D) of this section, but not more than sixty days after the
monthly deadline established by the department of
education for
reporting of community school enrollment, may present the matter to
the superintendent
of public instructiondirector
of education and workforce.
Not later than thirty days after the community school presents the
matter, the state
superintendentdirector,
or the state
superintendent's director's
designee,
shall determine which district the student is entitled to attend and
shall direct any necessary adjustments to payments under section
3317.022 of the Revised Code based on that determination.
Sec. 3314.12. On or before the first day of November each year, the sponsor of each community school established under this chapter shall submit to the department of education and workforce, in accordance with guidelines adopted by the department for purposes of this section, a report that describes the special education and related services provided by that school to enrolled students during the previous fiscal year and the school's expenditures for those services.
Sec. 3314.143. (A) With the approval of its governing authority, a community school established under this chapter may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A community school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A community school;
(b) A member of a community school governing authority;
(c) A community school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine autoinjectors, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a community school or governing authority, member of a community school governing authority, community school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A community school may accept donations of epinephrine autoinjectors from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase epinephrine autoinjectors.
(D) A community school that elects to procure epinephrine autoinjectors under this section shall report to the department of education and workforce each procurement and occurrence in which an epinephrine autoinjector is used from the school's supply of epinephrine autoinjectors.
Sec. 3314.144. (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code.
(B) With the approval of its governing authority, a community school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A community school that elects to do so shall comply with all provisions of that section as if it were a school district.
(C) A community school, a member of a community school governing authority, or a community school employee or contractor is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an inhaler under this section, unless the act or omission constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other immunity or defense that a community school or governing authority, member of a community school governing authority, or community school employee or contractor may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(D) A community school may accept donations of inhalers from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase inhalers.
(E) A community school that elects to procure inhalers under this section shall report to the department of education and workforce each procurement and occurrence in which an inhaler is used from the school's supply of inhalers.
Sec. 3314.147. (A) With the approval of its governing authority, a community school established under this chapter may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A community school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using injectable or nasally administered glucagon under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A community school;
(b) A member of a community school governing authority;
(c) A community school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes injectable or nasally administered glucagon, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a community school or governing authority, member of a community school governing authority, community school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A community school may accept donations of injectable or nasally administered glucagon from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase the drug.
(D) A community school that elects to procure injectable or nasally administered glucagon under this section shall report to the department of education and workforce each procurement and each occurrence in which a dose of the drug is used from the school's supply.
Sec. 3314.17. (A) Each community school established under this chapter shall participate in the statewide education management information system established under section 3301.0714 of the Revised Code. All provisions of that section and the rules adopted under that section apply to each community school as if it were a school district, except as modified for community schools under division (B) of this section. Each community school shall comply with division (C) of section 3301.0723 of the Revised Code.
(B)
The rules adopted by the state
board department
of
education and
workforce under
section 3301.0714 of the Revised Code may distinguish methods and
timelines for community schools to annually report data, which
methods and timelines differ from those prescribed for school
districts. Any methods and timelines prescribed for community schools
shall be appropriate to the academic schedule and financing of
community schools. The guidelines, however, shall not modify the
actual data required to be reported under that section.
(C)
Each fiscal officer appointed under section 3314.011 of the Revised
Code is responsible for annually reporting the community school's
data under section 3301.0714 of the Revised Code. If the
superintendent
of public instruction director
of education and workforce determines
that a community school fiscal officer has willfully failed to report
data or has willfully reported erroneous, inaccurate, or incomplete
data in any year, or has negligently reported erroneous, inaccurate,
or incomplete data in the current and any previous year, the
superintendent
director
may
impose a civil penalty of one hundred dollars on the fiscal officer
after providing the officer with notice and an opportunity for a
hearing in accordance with Chapter 119. of the Revised Code. The
superintendent's
director's
authority
to impose civil penalties under this division does not preclude the
state board of education from suspending or revoking the license of a
community school employee under division (N) of section 3301.0714 of
the Revised Code.
(D) No community school shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
Sec. 3314.18. (A) Subject to division (C) of this section, the governing authority of each community school shall establish a breakfast program pursuant to the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, if at least one-fifth of the pupils in the school are eligible under federal requirements for free breakfasts, and shall establish a lunch program pursuant to those acts if at least one-fifth of the pupils are eligible for free lunches. The governing authority required to establish a breakfast program under this division may make a charge in accordance with federal requirements for each reduced price breakfast or paid breakfast to cover the cost incurred in providing that meal.
A breakfast program established under this section shall be operated in accordance with section 3313.818 of the Revised Code in any community school meeting the conditions prescribed by that section.
(B) Subject to division (C) of this section, the governing authority of each community school shall establish one of the following for summer intervention services described in division (D) of section 3301.0711 or provided under section 3313.608 of the Revised Code, and any other summer intervention program required by law:
(1) An extension of the school breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966";
(2) An extension of the school lunch program pursuant to those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing authority of a community school determines that, for financial reasons, it cannot comply with division (A) or (B) of this section, the governing authority may choose not to comply with either or both divisions. In that case, the governing authority shall communicate to the parents of its students, in the manner it determines appropriate, its decision not to comply.
(D)
The governing authority of each community school required to
establish a school breakfast, school lunch, or summer food service
program under this section shall apply for state and federal funds
allocated by the state
board department
of
education and
workforce under
division (B) of section 3313.813 of the Revised Code and shall comply
with the state
board's department's
standards
adopted under that division.
(E) The governing authority of any community school required to establish a breakfast program under this section or that elects to participate in a breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966" may offer breakfast to pupils in their classrooms during the school day. However, any community school that is subject to section 3313.818 of the Revised Code shall offer breakfast to pupils in accordance with that section.
(F) Notwithstanding anything in this section to the contrary, in each fiscal year in which the general assembly appropriates funds for purposes of this division, the governing authority of each community school required to establish a breakfast program under this section or that elects to participate in a breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966" shall provide a breakfast free of charge to each pupil who is eligible under federal requirements for a reduced price breakfast.
(G) This section does not apply to internet- or computer-based community schools.
Sec. 3314.19. The sponsor of each community school shall provide the following assurances in writing to the department of education and workforce not later than ten business days prior to the opening of the school's first year of operation or, if the school is not an internet- or computer-based community school and it changes the building from which it operates, the opening of the first year it operates from the new building:
(A) That a current copy of the contract between the sponsor and the governing authority of the school entered into under section 3314.03 of the Revised Code has been filed with the department and that any subsequent modifications to that contract will be filed with the department;
(B) That the school has submitted to the sponsor a plan for providing special education and related services to students with disabilities and has demonstrated the capacity to provide those services in accordance with Chapter 3323. of the Revised Code and federal law;
(C) That the school has a plan and procedures for administering the achievement and diagnostic assessments prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the Revised Code;
(D) That school personnel have the necessary training, knowledge, and resources to properly use and submit information to all databases maintained by the department for the collection of education data, including the education management information system established under section 3301.0714 of the Revised Code in accordance with methods and timelines established under section 3314.17 of the Revised Code;
(E) That all required information about the school has been submitted to the Ohio education directory system or any successor system;
(F) That the school will enroll at least the minimum number of students required by division (A)(11)(a) of section 3314.03 of the Revised Code in the school year for which the assurances are provided;
(G) That all classroom teachers are licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except for noncertificated persons engaged to teach up to twelve hours or forty hours per week pursuant to section 3319.301 of the Revised Code;
(H) That the school's fiscal officer is in compliance with section 3314.011 of the Revised Code;
(I) That the school has complied with sections 3319.39 and 3319.391 of the Revised Code with respect to all employees and that the school has conducted a criminal records check of each of its governing authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by division (A)(11)(b) of section 3314.03 of the Revised Code, that the sponsor considers sufficient to indemnify the school's facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit to the school for the school year for which the assurances are provided;
(L) That the school has designated a date it will open for the school year for which the assurances are provided that is in compliance with division (A)(25) of section 3314.03 of the Revised Code;
(M) That the school has met all of the sponsor's requirements for opening and any other requirements of the sponsor.
(N) That, for any school that operates using the blended learning model, as defined in section 3301.079 of the Revised Code, the sponsor has reviewed the following information, submitted by the school:
(1) An indication of what blended learning model or models will be used;
(2) A description of how student instructional needs will be determined and documented;
(3) The method to be used for determining competency, granting credit, and promoting students to a higher grade level;
(4) The school's attendance requirements, including how the school will document participation in learning opportunities;
(5) A statement describing how student progress will be monitored;
(6) A statement describing how private student data will be protected;
(7) A description of the professional development activities that will be offered to teachers.
Sec. 3314.191. Notwithstanding any provision to the contrary in the Revised Code, the department of education and workforce shall make no payment under section 3317.022 of the Revised Code to a community school opening for its first year of operation until the sponsor of that school confirms all of the following:
(A) The school is in compliance with the provisions described in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the Revised Code.
(B) The sponsor has approved the financial controls required by the comprehensive plan for the school under division (B)(5) of section 3314.03 of the Revised Code.
(C) The school facilities will be ready and open for use by the date prescribed in the contract entered into under section 3314.03 of the Revised Code, and the sponsor has reviewed any lease, purchase agreement, permits required by statute or contract, and construction plans.
(D) The chief administrator of the community school actively is managing daily operations at the school.
(E) The projected enrollment reported to the department is accurate.
Sec. 3314.20. (A) As used in this section:
(1) "Base enrollment" for an internet- or computer-based community school means either of the following:
(a)
If the school was open for instruction on the
effective date of this section September
29, 2013,
the number of students enrolled in the school at the end of the
2012-2013 school year;
(b)
If the school opens for instruction after the
effective date of this section September
29, 2013,
one thousand students.
(2) "Enrollment limit" for an internet- or computer-based community school means the following:
(a) For the 2014-2015 school year, the base enrollment increased by the prescribed annual rate of growth, as calculated by the department of education and workforce.
(b) For the 2015-2016 school year and each school year thereafter, the previous school year's enrollment limit increased by the prescribed annual rate of growth, as calculated by the department.
(3) "Prescribed annual rate of growth" for an internet- or computer-based community school means either of the following:
(a) For a school with an enrollment limit equal to or greater than three thousand students, fifteen per cent.
(b) For a school with an enrollment limit of less than three thousand students, twenty-five per cent.
(B) Beginning in the 2014-2015 school year, no internet- or computer-based community school shall enroll more students than the number permitted by its enrollment limit.
(C) If, in any school year, an internet- or computer-based community school enrolls more students than permitted under the enrollment limit, the department shall deduct from the community school the amount of state funds credited to the community school attributable to each student enrolled in excess of the enrollment limit, as determined by the department.
Sec. 3314.21. (A) As used in this section:
(1) "Harmful to juveniles" has the same meaning as in section 2907.01 of the Revised Code.
(2) "Obscene" has the same meaning as in division (F) of section 2907.01 of the Revised Code as that division has been construed by the supreme court of this state.
(3) "Teacher of record" means a teacher who is responsible for the overall academic development and achievement of a student and not merely the student's instruction in any single subject.
(B)(1) It is the intent of the general assembly that teachers employed by internet- or computer-based community schools conduct visits with their students in person throughout the school year.
(2) Each internet- or computer-based community school shall retain an affiliation with at least one full-time teacher of record licensed in accordance with division (A)(10) of section 3314.03 of the Revised Code.
(3) Each student enrolled in an internet- or computer-based community school shall be assigned to at least one teacher of record. No teacher of record shall be primarily responsible for the academic development and achievement of more than one hundred twenty-five students enrolled in the internet- or computer-based community school that has retained that teacher.
(C) For any internet- or computer-based community school, the contract between the sponsor and the governing authority of the school described in section 3314.03 of the Revised Code shall specify each of the following:
(1) A requirement that the school use a filtering device or install filtering software that protects against internet access to materials that are obscene or harmful to juveniles on each computer provided to students for instructional use. The school shall provide such device or software at no cost to any student who works primarily from the student's residence on a computer obtained from a source other than the school.
(2) A plan for fulfilling the intent of the general assembly specified in division (B)(1) of this section. The plan shall indicate the number of times teachers will visit each student throughout the school year and the manner in which those visits will be conducted.
(3) That the school will set up a central base of operation and the sponsor will maintain a representative within fifty miles of that base of operation to provide monitoring and assistance.
(D)(1) Annually, each internet- or computer-based community school shall prepare and submit to the department of education and workforce, in a time and manner prescribed by the department, a report that contains information about all of the following:
(a) Classroom size;
(b) The ratio of teachers to students per classroom;
(c) The number of student-teacher meetings conducted in person or by video conference;
(d) Any other information determined necessary by the department.
(2)
The department annually shall prepare and submit
to the state board of education issue
a
report that contains the information received under division (D)(1)
of this section.
Sec. 3314.22. (A)(1) Each child enrolled in an internet- or computer-based community school is entitled to a computer supplied by the school; however, the parent of any child enrolled in the school may waive this entitlement in the manner specified in division (A)(3) of this section. In no case shall an internet- or computer-based community school provide a stipend or other substitute to an enrolled child or the child's parent in lieu of supplying a computer to the child. The prohibition contained in the preceding sentence is intended to clarify the meaning of this division as it existed prior to September 29, 2005, and is not intended to change that meaning in any way.
(2) Notwithstanding division (A)(1) of this section, if more than one child living in a single residence is enrolled in an internet- or computer-based community school, at the option of the parent of those children, the school may supply less than one computer per child, as long as at least one computer is supplied to the residence. An internet- or computer-based community school may supply no computer at all only if the parent has waived the entitlement prescribed in division (A)(1) of this section in the manner specified in division (A)(3) of this section. The parent may amend the decision to accept less than one computer per child anytime during the school year, and, in such case, within thirty days after the parent notifies the school of such amendment, the school shall provide any additiona1 computers requested by the parent up to the number necessary to comply with division (A)(1) of this section.
(3) The parent of any child enrolled in an internet- or computer-based community school may waive the entitlement to one computer per child, and have no computer at all supplied by the school, if the school and parent set forth that waiver in writing with both parties attesting that there is a computer available to the child in the child's residence with sufficient hardware, software, programming, and connectivity so that the child may fully participate in all of the learning opportunities offered to the child by the school. The parent may amend the decision to waive the entitlement at any time during the school year and, in such case, within thirty days after the parent notifies the school of that decision, the school shall provide any additional computers requested by the parent up to the number necessary to comply with division (A)(1) of this section, regardless of whether there is any change in the conditions attested to in the waiver.
(4) A copy of a waiver executed under division (A)(3) of this section shall be retained by the internet- or computer-based community school and the parent who attested to the conditions prescribed in that division. The school shall submit a copy of the waiver to the department of education and workforce immediately upon execution of the waiver.
(5)
The school shall notify the department
of
education,
in the manner specified by the department, of any parent's decision
under division (A)(2) of this section to accept less than one
computer per child or the parent's amendment to that decision, and of
any parent's decision to amend the waiver executed under division
(A)(3) of this section.
(B) Each internet- or computer-based community school shall provide to each parent who is considering enrolling the parent's child in the school and to the parent of each child already enrolled in the school a written notice of the provisions prescribed in division (A) of this section.
(C) If a community school that is not an internet- or computer-based community school provides any of its enrolled students with nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method and requires such students to participate in any of those learning opportunities from their residences, the school shall be subject to this section and division (C)(1) of section 3314.21 of the Revised Code relative to each such student in the same manner as an internet- or computer-based community school, unless both of the following conditions apply to the student:
(1) The nonclassroom-based learning opportunities in which the student is required to participate from the student's residence are supplemental in nature or do not constitute a significant portion of the total classroom-based and nonclassroom-based learning opportunities provided to the student by the school;
(2) The student's residence is equipped with a computer available for the student's use.
Sec.
3314.232. The
superintendent
of public instruction department
of education and workforce shall
establish by rule adopted in accordance with Chapter 119. of the
Revised Code standards for learning management software to be used by
internet- and computer-based community schools.
Sec. 3314.24. (A) On or after July 1, 2004, no internet- or computer-based community school shall enter into a contract with a nonpublic school to use or rent any facility space at the nonpublic school for the provision of instructional services to students enrolled in the internet- or computer-based community school.
(B) If an internet- or computer-based community school has a contract with a nonpublic school as described in division (A) of this section, the department of education and workforce shall not make any payments under section 3317.022 of the Revised Code to the internet- or computer-based community school for any student who is enrolled in the internet- or computer-based community school and receives any instructional services from the internet- or computer-based community school at the nonpublic school.
Sec. 3314.26. (A) Each internet- or computer-based community school shall withdraw from the school any student who, for two consecutive school years of enrollment in the school, has failed to participate in the spring administration of any assessment prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the assessment pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code, regardless of whether a waiver was granted for the student under division (L)(3) of section 3314.08 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education and workforce. The department shall maintain a list of all data verification codes reported under this division and section 3313.6410 of the Revised Code and provide that list to each internet- or computer-based community school and to each school to which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall receive any state funds under this chapter for any enrolled student whose data verification code appears on the list maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revised Code to the contrary, the parent of any such student shall pay tuition to the internet- or computer-based community school in an amount equal to the state funds the school otherwise would receive for that student, as determined by the department. An internet- or computer-based community school may withdraw any student for whom the parent does not pay tuition as required by this division.
Sec. 3314.27. No student enrolled in an internet- or computer-based community school may participate in more than ten hours of learning opportunities in any period of twenty-four consecutive hours. Any time such a student participates in learning opportunities beyond the limit prescribed in this section shall not count toward the annual minimum number of hours required to be provided to that student as prescribed in division (A)(11)(a) of section 3314.03 of the Revised Code. If any internet- or computer-based community school requires its students to participate in learning opportunities on the basis of days rather than hours, one day shall consist of a minimum of five hours of such participation.
Each internet- or computer-based community school shall keep an accurate record of each individual student's participation in learning opportunities each day. The record shall be kept in such a manner that the information contained within it easily can be submitted to the department of education and workforce, upon request by the department or the auditor of state.
Sec. 3314.271. (A) Each internet- or computer-based community school shall offer a student orientation course and shall notify each student who enrolls in that school of that student's opportunity to participate in the student orientation course.
(B) The department of education and workforce shall provide guidance to internet- or computer-based community schools for developing and delivering the orientation course.
(C) Each internet- or computer-based community school may, at the time of a particular student's enrollment in that school, ask the student's parent or guardian to estimate the length of time the student will attend the school. Any information collected pursuant to this division shall be included in an aggregated format in the school's annual report required by division (A)(11)(g) of section 3314.03 of the Revised Code.
(D) Each internet- or computer-based community school, on a periodic basis throughout each school year, shall communicate with each student's parent, guardian, or custodian regarding the performance and progress of that student. Each internet- or computer-based community school also shall provide opportunities for parent-teacher conferences, shall document the school's requests for such conferences, and may permit students to participate in the conferences. Parent-teacher conferences may be conducted through electronic means.
Sec. 3314.28. (A) Each internet- or computer-based community school established under this chapter shall submit to the school's sponsor a plan for providing special education and related services to disabled students enrolled in the school in accordance with division (A)(1) or (2) of this section.
(1)
If the school was established prior to the
effective date of this section
June
30, 2005,
the plan shall be submitted to the sponsor on or before September 1,
2005, and on or before the first day of September in each year
thereafter that the school is in operation.
(2)
If the school is established after the
effective date of this section
June
30, 2005,
the plan shall be submitted to the sponsor prior to the school's
receipt of its first payment under this chapter and on or before the
first day of September in each year thereafter that the school is in
operation.
(B) Within thirty days after receiving the plan prescribed in division (A) of this section, the sponsor of each internet- or computer-based community school shall certify all of the following to the department of education and workforce:
(1) A statement of whether the plan received is satisfactory to the sponsor;
(2) If the plan received is not satisfactory to the sponsor, the sponsor's assurance that it will promptly assist the school in developing a plan that is satisfactory to the sponsor;
(3) The sponsor's assurance that it will monitor the implementation of the plan;
(4) The sponsor's assurance that it will take any necessary corrective action to ensure that the school's plan is properly and fully implemented.
(C) The department shall develop guidelines for the content and format of the plan required under this section.
Sec. 3314.29. (A) This section applies to any internet- or computer-based community school that meets all of the following conditions:
(1) Serves all of grades kindergarten through twelve;
(2) Has an enrollment of at least two thousand students;
(3) Has a sponsor that was not rated ineffective or poor on its most recent evaluation under section 3314.016 of the Revised Code.
(B) Beginning with the 2018-2019 school year, the governing authority of a community school to which this section applies may adopt a resolution to divide the school into two or three separate schools as follows:
(1) If the school is divided into two schools, one school shall serve grades kindergarten through eight and one school shall serve grades nine through twelve.
(2) If the school is divided into three schools, one school shall serve grades kindergarten through five, one school shall serve grades six through eight, and one school shall serve grades nine through twelve.
(C) The resolution adopted by the governing authority shall not be effective unless approved by the school's sponsor. Following approval of the resolution by the sponsor, and by the fifteenth day of March prior to the school year in which it will take effect, the governing authority shall file the resolution with the department of education and workforce. The division of the schools shall be effective on the first day of July succeeding the date the resolution is filed with the department.
(D) All of the following shall apply to each new school created as a result of the resolution authorized by this section and to the school that is divided as a result of the resolution:
(1) Each school shall have the same governing authority.
(2) The sponsor and governing authority shall enter into a separate contract under section 3314.03 of the Revised Code for each school.
(3) No school shall primarily serve students enrolled in a dropout prevention and recovery program operated by the school.
(4) No school shall be permitted to divide again under this section.
(5) Notwithstanding anything to the contrary in division (B)(2) of section 3314.016 of the Revised Code, each school shall be included in the calculation of the academic performance component for purposes of rating the schools' sponsor under the evaluation system prescribed by that section.
(6) Each school shall be subject to the laws contained in Chapter 3314. of the Revised Code, except as otherwise specified in this section.
(E) The department shall issue a report card under section 3314.012 of the Revised Code for each new school created as a result of the resolution authorized by this section and for the school that is divided as a result of the resolution. For purposes of the report cards and other reporting requirements under this chapter, the department shall assign the school that serves the highest grades the same internal retrieval number previously used by the school that is divided under this section. The department shall assign a new internal retrieval number to each other school resulting from the division.
Notwithstanding division (B) of section 3314.012 of the Revised Code, the ratings a school receives on its report card for the first two full school years after the division under this section shall count toward closure of the school under section 3314.35 of the Revised Code and any other matter that is based on report card ratings or measures.
Sec. 3314.35. (A)(1) Except as provided in division (A)(4) of this section, this section applies to any community school that meets one of the following criteria after July 1, 2009, but before July 1, 2011:
(a) The school does not offer a grade level higher than three and has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for three of the four most recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for two of the three most recent school years.
(iii) In at least two of the three most recent school years, the school showed less than one standard year of academic growth in either reading or mathematics, as determined by the department of education and workforce in accordance with rules adopted under division (A) of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for three of the four most recent school years.
(2) Except as provided in division (A)(4) of this section, this section applies to any community school that meets one of the following criteria after July 1, 2011, but before July 1, 2013:
(a) The school does not offer a grade level higher than three and has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for two of the three most recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for two of the three most recent school years.
(iii) In at least two of the three most recent school years, the school showed less than one standard year of academic growth in either reading or mathematics, as determined by the department in accordance with rules adopted under division (A) of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code for two of the three most recent school years.
(3) Except as provided in division (A)(4) of this section, this section applies to any community school that meets one of the following criteria on or after July 1, 2013:
(a) The school does not offer a grade level higher than three and, for the three most recent school years, satisfies any of the following criteria:
(i) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code, as it existed prior to March 22, 2013;
(ii) The school has received a grade of "F" in improving literacy in grades kindergarten through three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;
(iii) The school has received a performance rating of one star for early literacy under division (D)(3)(e) of section 3302.03 of the Revised Code;
(iv) The school has received an overall performance rating of less than two stars under division (D)(3) of section 3302.03 of the Revised Code;
(v) The school has received an overall grade of "F" under division (C) of section 3302.03 of the Revised Code.
(b) The school offers any of grade levels four to eight but does not offer a grade level higher than nine and, for the three most recent school years, satisfies any of the following criteria:
(i) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code, as it existed prior to March 22, 2013, and the school showed less than one standard year of academic growth in either reading or mathematics, as determined by the department in accordance with rules adopted under division (A) of section 3302.021 of the Revised Code;
(ii) The school has received a grade of "F" for the performance index score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and a grade of "F" for the value-added progress dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code;
(iii) The school has received a performance rating of one star for both achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and progress under division (D)(3)(c) of that section;
(iv) The school has received an overall grade of "F" under division (C) and a grade of "F" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code;
(v) The school has received an overall performance rating of less than two stars under division (D) of section 3302.03 of the Revised Code and a performance rating of one star for progress under division (D)(3)(c) of that section.
(c) The school offers any of grade levels ten to twelve and, for the three most recent school years, satisfies any of the following criteria:
(i) The school has been declared to be in a state of academic emergency under section 3302.03 of the Revised Code, as it existed prior to March 22, 2013;
(ii) The school has received a grade of "F" for the performance index score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and has not met annual measurable objectives under division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of the Revised Code;
(iii) The school has received a performance rating of "one star" for achievement under division (D)(3)(b) of section 3302.03 of the Revised Code and has not met annual measurable objectives for gap closing under division (D)(3)(a) of that section, as determined by the department;
(iv) The school has received an overall grade of "F" under division (C) and a grade of "F" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code;
(v) The school has received an overall performance rating of less than two stars under division (D) of section 3302.03 of the Revised Code and a performance rating of one star for progress under division (D)(1)(b) of that section.
For
purposes of division (A)(3) of this section only, the department of
education shall
calculate the value-added progress dimension for a community school
using assessment scores for only those students to whom the school
has administered the achievement assessments prescribed by section
3301.0710 of the Revised Code for at least the two most recent school
years but using value-added data from only the most recent school
year.
(4) This section does not apply to either of the following:
(a) Any community school in which a majority of the students are enrolled in a dropout prevention and recovery program that is operated by the school. Rather, such schools shall be subject to closure only as provided in section 3314.351 of the Revised Code. However, prior to July 1, 2014, a community school in which a majority of the students are enrolled in a dropout prevention and recovery program shall be exempt from this section only if it has been granted a waiver under section 3314.36 of the Revised Code.
(b) Any community school in which a majority of the enrolled students are children with disabilities receiving special education and related services in accordance with Chapter 3323. of the Revised Code.
(B) Any community school to which this section applies shall permanently close at the conclusion of the school year in which the school first becomes subject to this section. The sponsor and governing authority of the school shall comply with all procedures for closing a community school adopted by the department under division (E) of section 3314.015 of the Revised Code. The governing authority of the school shall not enter into a contract with any other sponsor under section 3314.03 of the Revised Code after the school closes.
(C) In accordance with division (B) of section 3314.012 of the Revised Code, the department shall not consider the performance ratings assigned to a community school for its first two years of operation when determining whether the school meets the criteria prescribed by division (A)(1) or (2) of this section.
(D) Nothing in this section or in any other provision of the Revised Code prohibits the sponsor of a community school from exercising its option not to renew a contract for any reason or from terminating a contract prior to its expiration for any of the reasons set forth in section 3314.07 of the Revised Code.
Sec. 3314.351. (A) This section applies to any community school in which a majority of the students are enrolled in a dropout prevention and recovery program. Except as provided in division (F) of this section, any such community school that has received a designation of "does not meet standards," as described in division (D)(1) of section 3314.017 of the Revised Code on the report card issued under that section, for the three most recent school years shall be subject to closure in accordance with this section.
(B) Not later than the first day of September in each school year, the department of education and workforce shall notify each school subject to closure under this section that the school must close not later than the thirtieth day of the following June.
A school so notified shall close as required.
(C) A school that opens on or after July 1, 2014, shall not be subject to closure under this section for its first two years of operation. A school that is in operation prior to July 1, 2014, shall not be subject to closure under this section until after August 31, 2016.
(D) The sponsor and governing authority of the school shall comply with all procedures for closing a community school adopted by the department under division (E) of section 3314.015 of the Revised Code. The governing authority of the school shall not enter into a contract with any other sponsor under section 3314.03 of the Revised Code after the school closes.
(E) Nothing in this section or in any other provision of the Revised Code prohibits the sponsor of a community school from exercising its option not to renew a contract for any reason or from terminating a contract prior to its expiration for any of the reasons set forth in section 3314.07 of the Revised Code.
(F) Beginning in the 2019-2020 school year, no school shall be subject to closure under this section based on the report card issued for that school for the 2017-2018 or 2018-2019 school year if the school received an overall rating of "meets standards" or "exceeds standards" for the 2017-2018 or 2018-2019 school year pursuant to division (I) of section 3314.017 of the Revised Code. However, no school permanently closed under this section prior to the 2019-2020 school year shall be eligible to reopen based on the calculated or recalculated ratings under division (I) of section 3314.017 of the Revised Code.
Sec. 3314.353. Each year, the department of education and workforce shall publish separate lists of the following:
(A) Community schools that have become subject to permanent closure under section 3314.35 or 3314.351 of the Revised Code;
(B) Community schools that are at risk of becoming subject to permanent closure under section 3314.35 or 3314.351 of the Revised Code if their academic performance, as prescribed in those sections, does not improve on the next state report cards issued under section 3302.03 or 3314.017 of the Revised Code.
On
and after the effective date of this amendment, the The
department
of education
and
workforce
shall
not adopt any rules, enforce any procedures or policies, or otherwise
restrict the establishment or sponsorship of a new start-up community
school based upon whether the school's proposed location is in a
challenged school district.
Sec. 3314.354. Not later than the thirty-first day of July of each year, the department of education and workforce shall submit preliminary data on community schools at risk of becoming subject to permanent closure under section 3314.35 or 3314.351 of the Revised Code.
Sec.
3314.36. (A)
Section 3314.35 of the Revised Code does not apply to any community
school in which a majority of the students are enrolled in a dropout
prevention and recovery program that is operated by the school and
that has been granted a waiver by the former
department
of education
prior
to July 1, 2014.
Until
June 30, 2014, the department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the program
applies for the waiver, if the program meets all of the following
conditions:
(1)
The program serves only students not younger than sixteen years of
age and not older than twenty-one years of age.
(2)
The program enrolls students who, at the time of their initial
enrollment, either, or both, are at least one grade level behind
their cohort age groups or experience crises that significantly
interfere with their academic progress such that they are prevented
from continuing their traditional programs.
(3)
The program requires students to attain at least the applicable score
designated for each of the assessments prescribed under division
(B)(1) of section 3301.0710 of the Revised Code or, to the extent
prescribed by rule of the state board of education under division
(D)(5) of section 3301.0712 of the Revised Code, division (B)(2) of
that section.
(4)
The program develops an individual career plan for the student that
specifies the student's matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(5)
The program provides counseling and support for the student related
to the plan developed under division (A)(4) of this section during
the remainder of the student's high school experience.
(6)
Prior to receiving the waiver, the program has submitted to the
department an instructional plan that demonstrates how the academic
content standards adopted by the state board of education under
section 3301.079 of the Revised Code will be taught and assessed.
If
the department does not act either to grant the waiver or to reject
the program application for the waiver within sixty days as required
under this section, the waiver shall be considered to be granted.
(B)
Notwithstanding
division (A) of this section, the department shall not grant a waiver
to any community school that did not qualify for a waiver under this
section when it initially began operations, unless the state board of
education approves the waiver.
(C)
Beginning on July 1, 2014, all All
community
schools in which a majority of the students are enrolled in a dropout
prevention and recovery program are subject to the provisions of
section 3314.351 of the Revised Code, regardless of whether a waiver
has been granted under this section
prior
to July 1, 2014.
Thereafter, no waivers shall be granted under this section.
Sec. 3314.38. (A) An individual who is at least twenty-two years of age and who is an eligible individual as defined in section 3317.23 of the Revised Code may enroll for up to two consecutive school years in a dropout prevention and recovery program operated by a community school that is designed to allow enrollees to earn a high school diploma. An individual enrolled under this division may elect to satisfy the requirements to earn a high school diploma by successfully completing a competency-based educational program, as defined in section 3317.23 of the Revised Code, that complies with the standards adopted by the department of education and workforce under section 3317.231 of the Revised Code. The community school shall report that individual's enrollment on a full-time equivalency basis to the department. This report shall be in addition to the report required under division (B) of section 3314.08 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(B)(1) For each community school that enrolls individuals under division (A) of this section, the department annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the school under that division.
(2) For each individual enrolled in a community school under division (A) of this section, the department annually shall pay the community school up to $5,000, as determined by the department based on the extent of the individual's successful completion of the graduation requirements prescribed under division (A)(11)(f) of section 3314.03 of the Revised Code.
(C) A community school that enrolls individuals under division (A) of this section shall be subject to the program administration standards adopted by the department under section 3317.231 of the Revised Code, as applicable.
Sec. 3314.50. No community school shall initiate operation, on or after the effective date of this amendment, unless the governing authority of the school has posted a bond in the amount of fifty thousand dollars with the auditor of state. The bond shall be used, in the event the school closes, to pay the auditor of state any moneys owed or that become owed by the school for the costs of audits conducted by the auditor of state or a public accountant under Chapter 117. of the Revised Code.
The department of education and workforce shall notify the auditor of state of the proposed initiation of operations of any community school and shall provide the auditor of state with the certification of the sponsor of the community school of the compliance by the community school with all legal preconditions to the initiation of its operations, including compliance with this section.
In lieu of the bond, the governing authority of the school, the school's sponsor, or an operator that has a contract with the school may deposit with the auditor of state cash in the amount of fifty thousand dollars as guarantee of payment under the provisions of this section. In lieu of a bond or a cash deposit, the school's sponsor or an operator that has a contract with the school may provide a written guarantee of payment, which shall obligate the school's sponsor or the operator that provides the written guarantee to pay the cost of audits of the school under this section up to the amount of fifty thousand dollars. Any such written guarantee shall be binding upon any successor entity that enters into a contract to sponsor or to operate the school, and any such entity, as a condition of its undertaking shall acknowledge and accept such obligation.
In the event that a sponsor or operator has provided a written guarantee under this section, and, subsequent to the provision of the guarantee, the governing authority of the school posts a bond under this section, or the governing authority of the school, a sponsor, or an operator provides a cash deposit of fifty thousand dollars as required, the written guarantee shall cease to be of further effect.
As
soon as it is practicable to do so after the filing of a bond or the
deposit of cash, the auditor of state shall deliver the bond or cash
to the treasurer of state, who shall hold it in trust for the
purposes prescribed in this section. The treasurer of state shall be
responsible for the safekeeping of all bonds filed or cash deposited
under this section. The auditor of state shall notify the department
of
education
when
the school's governing authority has filed the bond, deposited the
cash guarantee, or submitted a written guarantee of payment.
When the auditor of state conducts an audit of a community school that has closed and is subject to the requirements of this section, the auditor of state shall certify the amount of forfeiture to the treasurer of state, who shall assess the bond for the costs of the audit or shall pay money from the named insurer or from the school's cash deposit for the costs of the audit to reimburse the auditor of state or public accountant for costs incurred in conducting audits of the school.
To the extent that the amount of the bond or the cash deposit is not needed to cover audit costs, the bond shall be of no further effect, and any cash balance shall be refunded by the treasurer of state to the entity which provided the bond. When the auditor of state conducts an audit of a community school that has closed and is subject to the requirements of this section, and, as to which, a written guarantee has been given under this section, the entity that provided the guarantee shall be solely and fully liable for any such audit costs, and shall promptly pay the costs of the audit up to fifty thousand dollars.
No community school that is subject to the provisions of this section shall maintain or continue its operations absent the ongoing provision of a bond, a cash deposit, or a written guarantee as required by this section.
Sec. 3314.51. (A) If the auditor of state or a public accountant, under section 117.41 of the Revised Code, declares a community school to be unauditable, the auditor of state shall provide written notification of that declaration to the school, the school's sponsor, and the department of education and workforce. The auditor of state also shall post the notification on the auditor of state's web site.
(B)
If the community school's current fiscal officer held that position
during the period for which the school is unauditable, upon receipt
of the notification under division (A) of this section, the governing
authority of the school shall suspend the fiscal officer until the
auditor of state or a public accountant has completed an audit of the
school, except that if the school has an operator and the operator
employs the fiscal officer, the operator shall suspend the fiscal
officer for that period. Suspension of the fiscal officer may be with
or without pay, as determined by the entity imposing the suspension
based on the circumstances that prompted the auditor of state's
declaration. The entity imposing the suspension shall appoint a
person to assume the duties of the fiscal officer during the period
of the suspension. If the appointee is not licensed as a treasurer
under section 3301.074 of the Revised Code, the appointee shall be
approved by the superintendent
of public instruction director
of education and workforce before
assuming the duties of the fiscal officer. The state board of
education may take action under section 3319.31 of the Revised Code
to suspend, revoke, or limit the license of a fiscal officer who has
been suspended under this division.
(C) Notwithstanding any provision to the contrary in this chapter or in any other provision of law, the sponsor of the community school shall not enter into contracts with any additional community schools under section 3314.03 of the Revised Code between ninety days after the date of the declaration under division (A) of this section and the date the auditor of state or a public accountant has completed a financial audit of the school.
(D) Not later than forty-five days after receiving the notification under division (A) of this section, the sponsor of the community school shall provide a written response to the auditor of state. The sponsor shall provide a copy of the response to the community school. The response shall include the following:
(1) An overview of the process the sponsor will use to review and understand the circumstances that led to the community school becoming unauditable;
(2) A plan for providing the auditor of state with the documentation necessary to complete an audit of the community school and for ensuring that all financial documents are available in the future;
(3) The actions the sponsor will take to ensure that the plan described in division (D)(2) of this section is implemented.
(E) If the community school fails to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition within ninety days after being declared unauditable, the auditor of state, in addition to requesting legal action under sections 117.41 and 117.42 of the Revised Code, shall notify the school's sponsor and the department of the school's failure. If the auditor of state or a public accountant subsequently is able to complete a financial audit of the school, the auditor of state shall notify the school's sponsor and the department that the audit has been completed.
(F) Notwithstanding any provision to the contrary in this chapter or in any other provision of law, upon notification by the auditor of state under division (E) of this section that the community school has failed to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition, the department shall immediately cease all payments to the school under this chapter and any other provision of law. Upon subsequent notification from the auditor of state under that division that the auditor of state or a public accountant was able to complete a financial audit of the community school, the department shall release all funds withheld from the school under this section.
Sec. 3315.18. (A) The board of education of each city, exempted village, local, and joint vocational school district shall establish a capital and maintenance fund. Each board annually shall deposit into that fund an amount derived from revenues received by the district that would otherwise have been deposited in the general fund that is equal to three per cent of the statewide average base cost per pupil for the preceding fiscal year, as defined in section 3317.02 of the Revised Code, or another percentage if established by the auditor of state under division (B) of this section, multiplied by the district's student population for the preceding fiscal year, except that money received from a permanent improvement levy authorized by section 5705.21 of the Revised Code may replace general revenue moneys in meeting the requirements of this section. Money in the fund shall be used solely for acquisition, replacement, enhancement, maintenance, or repair of permanent improvements, as that term is defined in section 5705.01 of the Revised Code. Any money in the fund that is not used in any fiscal year shall carry forward to the next fiscal year.
(B)
The state
superintendent of public instruction director
of education and workforce and
the auditor of state jointly shall adopt rules in accordance with
Chapter 119. of the Revised Code defining what constitutes
expenditures permitted by division (A) of this section. The auditor
of state may designate a percentage, other than three per cent, of
the statewide average base cost per pupil multiplied by the
district's student population that must be deposited into the fund.
(C) Within its capital and maintenance fund, a school district board of education may establish a separate account solely for the purpose of depositing funds transferred from the district's reserve balance account established under former division (H) of section 5705.29 of the Revised Code. After April 10, 2001, a board may deposit all or part of the funds formerly included in such reserve balance account in the separate account established under this section. Funds deposited in this separate account and interest on such funds shall be utilized solely for the purpose of providing the district's portion of the basic project costs of any project undertaken in accordance with Chapter 3318. of the Revised Code.
(D)(1) Notwithstanding division (A) of this section, in any year a district is in fiscal emergency status as declared pursuant to section 3316.03 of the Revised Code, the district may deposit an amount less than required by division (A) of this section, or make no deposit, into the district capital and maintenance fund for that year.
(2)
Notwithstanding division (A) of this section, in any fiscal year that
a school district is either in fiscal watch status, as declared
pursuant to section 3316.03 of the Revised Code, or in fiscal caution
status, as declared pursuant to section 3316.031 of the Revised Code,
the district may apply to the superintendent
of public instruction director
of education and workforce for
a waiver from the requirements of division (A) of this section, under
which the district may be permitted to deposit an amount less than
required by that division or permitted to make no deposit into the
district capital and maintenance fund for that year. The
superintendent
director
may
grant a waiver under division (D)(2) of this section if the district
demonstrates to the satisfaction of the superintendent
director
that
compliance with division (A) of this section that year will create an
undue financial hardship on the district.
(3)
Notwithstanding division (A) of this section, not more often than one
fiscal year in every three consecutive fiscal years, any school
district that does not satisfy the conditions for the exemption
described in division (D)(1) of this section or the conditions to
apply for the waiver described in division (D)(2) of this section may
apply to the superintendent
of public instruction director
for
a waiver from the requirements of division (A) of this section, under
which the district may be permitted to deposit an amount less than
required by that division or permitted to make no deposit into the
district capital and maintenance fund for that year. The
superintendent
director
may
grant a waiver under division (D)(3) of this section if the district
demonstrates to the satisfaction of the superintendent
director
that
compliance with division (A) of this section that year will
necessitate the reduction or elimination of a program currently
offered by the district that is critical to the academic success of
students of the district and that no reasonable alternatives exist
for spending reductions in other areas of operation within the
district that negate the necessity of the reduction or elimination of
that program.
(E) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of agreements between employee organizations and public employers entered into after November 21, 1997.
(F) As used in this section, "student population" means the average, daily, full-time equivalent number of students in kindergarten through twelfth grade receiving any educational services from the school district during the first full school week in October, excluding students enrolled in adult education classes, but including all of the following:
(1) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(2) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in another district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(3) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.
The department of education and workforce shall determine a district's student population using data reported to it under section 3317.03 of the Revised Code for the applicable fiscal year.
Sec. 3315.181. As used in this section, "securities" has the same meaning as in section 133.01 of the Revised Code.
Notwithstanding division (A) of section 3315.18 of the Revised Code, the board of education of a city, exempted village, local, or joint vocational school district, in meeting the amount required by that division to be deposited in the district's capital and maintenance fund, may replace general fund revenues with proceeds received from a permanent improvement levy authorized by section 5705.21 of the Revised Code only to the extent the proceeds are available to be used for the acquisition, replacement, enhancement, maintenance, or repair of permanent improvements as defined in section 5705.01 of the Revised Code. In addition, the board may replace general fund revenues with proceeds received from any of the following sources in meeting the amount required by that division to be deposited in the fund:
(A) Proceeds received from any securities whose use is limited to the acquisition, replacement, enhancement, maintenance, or repair of permanent improvements;
(B) Insurance proceeds received as a result of the damage to or theft or destruction of a permanent improvement to the extent a board of education places the proceeds in a separate fund for the acquisition, replacement, enhancement, maintenance, or repair of permanent improvements;
(C) Proceeds received from the sale of a permanent improvement to the extent the proceeds are paid into a separate fund for the construction or acquisition of permanent improvements;
(D) Proceeds received from a tax levy authorized by section 3318.06 of the Revised Code to the extent the proceeds are available to be used for the maintenance of capital facilities;
(E) Proceeds of certificates of participation issued as part of a lease-purchase agreement entered into under section 3313.375 of the Revised Code;
(F) Proceeds of any school district income tax levied under Chapter 5748. of the Revised Code for permanent improvements, to the extent the proceeds are available for the acquisition, replacement, enhancement, maintenance, or repair of permanent improvements;
(G) Any other revenue source identified by the auditor of state, in consultation with the department of education and workforce, in rules adopted by the auditor of state.
Sec. 3315.33. There is hereby established a fund to be known as the Ohio scholarship fund for teacher trainees for the public purpose of relieving the existing teacher shortage in public schools, to be administered and expended as prescribed in sections 3315.33 to 3315.35 of the Revised Code. Appropriations by the general assembly for the purpose of scholarships for teacher trainees shall be paid into this fund.
Each scholarship for a teacher trainee shall have a maximum value of five hundred dollars annually and shall be awarded as follows:
(A)
The state
board department
of
education
and
workforce
shall
prescribe standards and requirements which shall be met by persons
who are eligible for such scholarships. Scholarships shall be
allocated among the counties of the state on an equitable basis by
the
state
board of education
department,
provided that not less than three such scholarships shall be
available annually to residents of each county of the state. If, on
the first day of September in each year, the state
board of education department
finds
that the number of eligible persons recommended from any county is
less than the number of scholarships allocated to that county, it may
reallocate the remaining scholarships among the counties in which the
number of eligible persons exceeds the number of scholarships
allocated. Such reallocation as may affect a county in one year shall
not prejudice in any way the allocation to it in succeeding years.
(B)
In accordance with the requirements of sections 3315.33, 3315.34, and
3315.35 of the Revised Code, the educational service center
superintendent in each educational service center as committee
chairperson shall appoint a committee consisting of one high school
principal, one elementary school principal, and one classroom
teacher. This committee shall select and recommend, on the basis of
merit, a number of high school graduates, not to exceed the number
allocated to each county by the
state
board of education
department,
who are interested in teaching and whose work and qualifications are
such as to indicate that they possess the qualities which should be
possessed by a successful teacher. Such persons shall not have
previously been enrolled in any college of education or have majored
in education in any college or university. Such other college
training shall be considered in determining such person's
qualifications to become a successful teacher.
(C)
The scholarship fund for teacher trainees shall be disbursed to
scholarship holders upon their application as approved by the state
board of education department
upon
vouchers for that purpose. Such scholarships shall be paid in equal
installments at the beginning of each quarter or semester while
college is in session to each person who has been awarded such a
scholarship when the following requirements are met:
(1) Such person shall be a bona fide student in the college of education or department of teacher training in an Ohio institution of higher learning.
(2)
Such person shall pursue a course of study in elementary education in
said college of education or department of teacher training approved
by the
state
board of education
department
of education and workforce.
Sec.
3315.34. Each
person who receives a scholarship shall execute a promissory note
which shall be endorsed by some responsible citizen, and shall
deliver said note to the state
board department
of
education and
workforce or
to its representative. Each such note shall be made payable to the
treasurer of state for the amount of the quarterly or semi-annual
payment, and shall bear interest at the rate of five per cent per
annum from the date of the note. The state
board of education department
shall
hold said note until it has been paid or cancelled as prescribed in
section 3315.35 of the Revised Code.
Each
person awarded a scholarship under the terms of sections 3315.33 to
3315.35 of the Revised Code shall be eligible upon the completion of
satisfactory work during the first year, under rules and regulations
promulgated by the
state
board of education
department,
to have the scholarship renewed for a period not to exceed one
additional year.
Sec.
3315.35. At
the expiration of each school year of service as a teacher in the
public schools of Ohio by a person who has benefited from a
scholarship granted under sections 3315.33 to 3315.35 of the Revised
Code, such person shall submit to the state
board department
of
education and
workforce a
statement of service on a form provided for that purpose and
certified by the superintendent of the school district in which the
person has taught. Upon receipt of such statement in proper form, the
board shall cancel the oldest notes given by such person covering the
scholarship for one year and the interest accrued thereon. If for any
reason a recipient of a scholarship ceases or, after licensure, fails
to teach in the public schools of Ohio, except for death or total
disability, or fails to file with the board by July first of each
year a statement concerning the recipient's previous year's
employment and address for the ensuing year, any and all unpaid or
uncancelled notes and interest thereon shall become due and payable
and the board shall transmit all such notes promptly to the treasurer
of state and the treasurer of state shall enforce collection of the
principal amount of any uncancelled or unpaid notes held by the
treasurer of state and the interest thereon and shall deposit said
sums so collected in the general revenue fund.
Sec.
3316.03. (A)
The existence of a fiscal watch shall be declared by the auditor of
state. The auditor of state may make a determination on the auditor
of state's initiative, or upon receipt of a written request for such
a determination, which may be filed by the governor, the
superintendent
of public instructiondirector
of education and workforce,
or a majority of the members of the board of education of the school
district.
(1) The auditor of state shall declare a school district to be in a state of fiscal watch if the auditor of state determines that both of the following conditions are satisfied with respect to the school district:
(a) An operating deficit has been certified for the current fiscal year by the auditor of state, and the certified operating deficit exceeds eight per cent of the school district's general fund revenue for the preceding fiscal year;
(b) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that division (A)(1)(a) of this section will not apply to the district in such next succeeding fiscal year.
(2) The auditor of state shall declare a school district to be in a state of fiscal watch if the auditor of state determines that the school district has outstanding securities issued under division (A)(4) of section 3316.06 of the Revised Code, and its financial planning and supervision commission has been terminated under section 3316.16 of the Revised Code.
(3) The auditor of state shall declare a school district to be in a state of fiscal watch if both of the following conditions are satisfied:
(a)
The superintendent
of public instruction director
has
reported to the auditor of state that the superintendent
director
has
declared the district under section 3316.031 of the Revised Code to
be under a fiscal caution, has found that the district has not acted
reasonably to eliminate or correct practices or conditions that
prompted the declaration, and has determined the declaration of a
state of fiscal watch necessary to prevent further fiscal decline;
(b)
The auditor of state determines that the decision of the
superintendent
director
is
reasonable.
If
the auditor of state determines that the decision of the
superintendent
director
is
not reasonable, the auditor of state shall provide the superintendent
director
with
a written explanation of that determination.
(4) The auditor of state may declare a school district to be in a state of fiscal watch if all of the following conditions are satisfied:
(a) An operating deficit has been certified for the current fiscal year by the auditor of state, and the certified operating deficit exceeds two per cent, but does not exceed eight per cent, of the school district's general fund revenue for the preceding fiscal year;
(b) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that division (A)(4)(a) of this section will not apply to the district in the next succeeding fiscal year;
(c) The auditor of state determines that there is no reasonable cause for the deficit or that the declaration of fiscal watch is necessary to prevent further fiscal decline in the district.
(B)(1) The auditor of state shall issue an order declaring a school district to be in a state of fiscal emergency if the auditor of state determines that both of the following conditions are satisfied with respect to the school district:
(a) An operating deficit has been certified for the current fiscal year by the auditor of state, and the certified operating deficit exceeds fifteen per cent of the school district's general fund revenue for the preceding fiscal year.
(b) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that division (B)(1)(a) of this section will not apply to the district in such next succeeding fiscal year.
(2)
The auditor of state shall issue an order declaring a school district
to be in a state of fiscal emergency if the school district board
fails, pursuant to section 3316.04 of the Revised Code, to submit a
plan acceptable to the state
superintendent of public instruction director
of education and workforce within
one hundred twenty days of the auditor of state's declaration under
division (A) of this section or an updated plan when one is required
by division (C) of section 3316.04 of the Revised Code;
(3) The auditor of state shall issue an order declaring a school district to be in a state of fiscal emergency if both of the following conditions are satisfied:
(a)
The superintendent
of public instruction director
has
reported to the auditor of state that the district is not materially
complying with the provisions of an original or updated plan as
approved by the state
superintendent director
under
section 3316.04 of the Revised Code, and that the state
superintendent director
has
determined the declaration of a state of fiscal emergency necessary
to prevent further fiscal decline;
(b)
The auditor of state finds that the determination of the
superintendent
director
is
reasonable.
If
the auditor of state determines that the decision of the
superintendent
director
is
not reasonable, the auditor of state shall provide the superintendent
director
a
written explanation of that determination.
(4) The auditor of state shall issue an order declaring a school district to be in a state of fiscal emergency if a declaration of fiscal emergency is required by division (D) of section 3316.04 of the Revised Code.
(5) The auditor of state may issue an order declaring a school district to be in a state of fiscal emergency if all of the following conditions are satisfied:
(a) An operating deficit has been certified for the current fiscal year by the auditor of state, and the certified operating deficit exceeds ten per cent, but does not exceed fifteen per cent, of the school district's general fund revenue for the preceding fiscal year;
(b) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194, 5705.199, or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that division (B)(5)(a) of this section will not apply to the district in the next succeeding fiscal year;
(c) The auditor of state determines that a declaration of fiscal emergency is necessary to correct the district's fiscal problems and to prevent further fiscal decline.
(C) In making the determinations under this section, the auditor of state may use financial reports required under section 117.43 of the Revised Code; tax budgets, certificates of estimated resources and amendments thereof, annual appropriating measures and spending plans, and any other documents or information prepared pursuant to Chapter 5705. of the Revised Code; and any other documents, records, or information available to the auditor of state that indicate the conditions described in divisions (A) and (B) of this section.
(D)
The auditor of state shall certify the action taken under division
(A) or (B) of this section to the board of education of the school
district, the director of budget and management, the mayor or county
auditor who could be required to act pursuant to division (B)(1) of
section 3316.05 of the Revised Code, and to the superintendent
of public instructiondirector
of education and workforce.
(E) A determination by the auditor of state under this section that a fiscal emergency condition does not exist is final and conclusive and not appealable. A determination by the auditor of state under this section that a fiscal emergency exists is final, except that the board of education of the school district affected by such a determination may appeal the determination of the existence of a fiscal emergency condition to the court of appeals having territorial jurisdiction over the school district. The appeal shall be heard expeditiously by the court of appeals and for good cause shown shall take precedence over all other civil matters except earlier matters of the same character. Notice of such appeal must be filed with the auditor of state and such court within thirty days after certification by the auditor of state to the board of education of the school district provided for in division (D) of this section. In such appeal, determinations of the auditor of state shall be presumed to be valid and the board of education shall have the burden of proving, by clear and convincing evidence, that each of the determinations made by the auditor of state as to the existence of a fiscal emergency condition under this section was in error. If the board of education fails, upon presentation of its case, to prove by clear and convincing evidence that each such determination by the auditor of state was in error, the court shall dismiss the appeal. The board of education and the auditor of state may introduce any evidence relevant to the existence or nonexistence of such fiscal emergency conditions. The pendency of any such appeal shall not affect or impede the operations of this chapter; no restraining order, temporary injunction, or other similar restraint upon actions consistent with this chapter shall be imposed by the court or any court pending determination of such appeal; and all things may be done under this chapter that may be done regardless of the pendency of any such appeal. Any action taken or contract executed pursuant to this chapter during the pendency of such appeal is valid and enforceable among all parties, notwithstanding the decision in such appeal. If the court of appeals reverses the determination of the existence of a fiscal emergency condition by the auditor of state, the determination no longer has any effect, and any procedures undertaken as a result of the determination shall be terminated.
Sec.
3316.031. (A)
The state
superintendent of public instructiondirector
of education and workforce,
in consultation with the auditor of state, shall develop guidelines
for identifying fiscal practices and budgetary conditions that, if
uncorrected, could result in a future declaration of a fiscal watch
or fiscal emergency within a school district.
The guidelines shall not include a requirement that a school district submit financial statements according to generally accepted accounting principles.
(B)(1)
If the state
superintendent director
determines
from a school district's five-year forecast submitted under section
5705.391 of the Revised Code that a district is engaging in any of
those practices or that any of those conditions exist within the
district, after consulting with the district board of education
concerning the practices or conditions, the state
superintendent director
may
declare the district to be under a fiscal caution.
(2)
If the auditor of state finds that a district is engaging in any of
those practices or that any of those conditions exist within the
district, the auditor of state shall report that finding to the state
superintendent director
and,
after consulting with the district board of education concerning the
practices or conditions, the state
superintendent director
may
declare the district to be under a fiscal caution.
(3)
Unless the auditor of state has elected to declare a state of fiscal
watch under division (A)(4) of section 3316.03 of the Revised Code,
the state
superintendent director
shall
declare a school district to be under a fiscal caution if the
conditions described in divisions (A)(4)(a) and (b) of that section
are both satisfied with respect to the school district.
(C)
When the state
superintendent director
declares
a district to be under fiscal caution, the state
superintendent director
shall
promptly notify the district board of education of that declaration
and shall request the board to provide written proposals for
discontinuing or correcting the fiscal practices or budgetary
conditions that prompted the declaration and for preventing the
district from experiencing further fiscal difficulties that could
result in the district being declared to be in a state of fiscal
watch or fiscal emergency.
(D)
The state
superintendentdirector,
or a designee, may visit and inspect any district that is declared to
be under a fiscal caution. The department of education
and
workforce
shall
provide technical assistance to the district board in implementing
proposals to eliminate the practices or budgetary conditions that
prompted the declaration of fiscal caution and may make
recommendations concerning the board's proposals.
(E)
If the state
superintendent director
finds
that a school district declared to be under a fiscal caution has not
made reasonable proposals or otherwise taken action to discontinue or
correct the fiscal practices or budgetary conditions that prompted
the declaration of fiscal caution, and if the state
superintendent director
considers
it necessary to prevent further fiscal decline, the state
superintendent director
may
determine that the district should be in a state of fiscal watch. As
provided in division (A)(3) of section 3316.03 of the Revised Code,
the auditor of state shall declare the district to be in a state of
fiscal watch if the auditor of state finds the superintendent's
director's
determination
to be reasonable.
Sec.
3316.04. (A)
Within sixty days of the auditor's declaration under division (A) of
section 3316.03 of the Revised Code, the board of education of the
school district shall prepare and submit to the superintendent
of public instruction director
of education and workforce a
financial plan delineating the steps the board will take to eliminate
the district's current operating deficit and avoid incurring
operating deficits in ensuing years, including the implementation of
spending reductions. The financial plan also shall evaluate the
feasibility of entering into shared services agreements with other
political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if so
authorized by statute. The superintendent
of public instruction director
shall
evaluate the initial financial plan, and either approve or disapprove
it within thirty calendar days from the date of its submission. If
the initial financial plan is disapproved, the state
superintendent director
shall
recommend modifications that will render the financial plan
acceptable. No school district board shall implement a financial plan
submitted to the superintendent
of public instruction director
under
this section unless the superintendent
director
has
approved the plan.
(B)
Upon request of the board of education of a school district declared
to be in a state of fiscal watch, the auditor of state and
superintendent
of public instruction director
shall
provide technical assistance to the board in resolving the fiscal
problems that gave rise to the declaration, including assistance in
drafting the board's financial plan.
(C)
A financial plan adopted under this section may be amended at any
time with the approval of the superintendentdirector.
The board of education of the school district shall submit an updated
financial plan to the superintendentdirector,
for the superintendent's
director's
approval,
every year that the district is in a state of fiscal watch. The
updated plan shall be submitted in a form acceptable to the
superintendentdirector.
The superintendent
director
shall
approve or disapprove each updated plan no later than the anniversary
of the date on which the first such plan was approved.
(D) A school district that has restructured or refinanced a loan under section 3316.041 of the Revised Code shall be declared to be in a state of fiscal emergency if any of the following occurs:
(1) An operating deficit is certified for the district under section 3313.483 of the Revised Code for any year prior to the repayment of the restructured or refinanced loan;
(2)
The superintendent
director
determines,
in consultation with the auditor of state, that the school district
is not satisfactorily complying with the terms of the financial plan
required by this section;
(3)
The board of education of the school district fails to submit an
updated plan that is acceptable to the superintendent
director
under
division (C) of this section.
Sec.
3316.041. (A)
Notwithstanding any provision of Chapter 133. or sections 3313.483 to
3313.4810 of the Revised Code, and subject to the approval of the
superintendent
of public instructiondirector
of education and workforce,
a school district that is in a state of fiscal watch declared under
section 3316.03 of the Revised Code may restructure or refinance
loans obtained or in the process of being obtained under section
3313.483 of the Revised Code if all of the following requirements are
met:
(1) The operating deficit certified for the school district for the current or preceding fiscal year under section 3313.483 of the Revised Code exceeds fifteen per cent of the district's general revenue fund for the fiscal year preceding the year for which the certification of the operating deficit is made.
(2) The school district voters have, during the period of the fiscal watch, approved the levy of a tax under section 718.09, 718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code that is not a renewal or replacement levy, or a levy under section 5705.199 of the Revised Code, and that will provide new operating revenue.
(3) The board of education of the school district has adopted or amended the financial plan required by section 3316.04 of the Revised Code to reflect the restructured or refinanced loans, and sets forth the means by which the district will bring projected operating revenues and expenditures, and projected debt service obligations, into balance for the life of any such loan.
(B)
Subject to the approval of the superintendent
of public instructiondirector,
the school district may issue securities to evidence the
restructuring or refinancing authorized by this section. Such
securities may extend the original period for repayment not to exceed
ten years, and may alter the frequency and amount of repayments,
interest or other financing charges, and other terms or agreements
under which the loans were originally contracted, provided the loans
received under sections 3313.483 of the Revised Code are repaid from
funds the district would otherwise receive under Chapter 3317. of the
Revised Code, as required under division (E)(3) of section 3313.483
of the Revised Code. Securities issued for the purpose of
restructuring or refinancing under this section shall be repaid in
equal payments and at equal intervals over the term of the debt and
are not eligible to be included in any subsequent proposal to
restructure or refinance.
(C) Unless the district is declared to be in a state of fiscal emergency under division (D) of section 3316.04 of the Revised Code, a school district shall remain in a state of fiscal watch for the duration of the repayment period of any loan restructured or refinanced under this section.
Sec. 3316.042. The auditor of state, on the auditor of state's initiative, may conduct a performance audit of a school district that is under a fiscal caution under section 3316.031 of the Revised Code, in a state of fiscal watch, or in a state of fiscal emergency, in which the auditor of state reviews any programs or areas of operation in which the auditor of state believes that greater operational efficiencies or enhanced program results can be achieved.
The auditor of state, in consultation with the department of education and workforce and the office of budget and management, shall determine for which school districts to conduct performance audits under this section. Priority shall be given to districts in fiscal distress, including districts employing fiscal practices or experiencing budgetary conditions that could produce a state of fiscal watch or fiscal emergency, as determined by the auditor of state, in consultation with the department and the office of budget and management.
The cost of a performance audit conducted under this section shall be paid by the auditor of state.
A performance audit under this section shall not include review or evaluation of school district academic performance.
Sec. 3316.05. (A) Pursuant to the powers of the general assembly and for the purposes of this chapter, upon the declaration of a fiscal emergency in any school district pursuant to division (B) of section 3316.03 of the Revised Code, there is established, with respect to that school district, a body both corporate and politic constituting an agency and instrumentality of the state and performing essential governmental functions of the state to be known as the "financial planning and supervision commission for ________ (name of school district)," which, in that name, may exercise all authority vested in such a commission by this chapter. A separate commission is established with respect to each school district as to which there is a fiscal emergency as determined under this chapter.
(B) A commission appointed after July 1, 1999, shall consist of five voting members, including women and at least one Hispanic or African American if Hispanic and African Americans together constitute at least twenty per cent of the student population of the district, as follows:
(1)
Two ex officio members: the director of budget and management, or a
designee of the director, and the superintendent
of public instructiondirector
of education and workforce,
or a designee of the superintendent
thedirector.
A designee, when present, shall be counted in determining whether a
quorum is present at any meeting of the commission and may vote and
participate in all proceedings and actions of the commission. The
designations shall be in writing, executed by the member making the
designation, and filed with the secretary of the commission. The
designations may be changed from time to time in like manner, but due
regard shall be given to the need for continuity.
(2)
Three appointed members, who shall be appointed within fifteen days
after the declaration of the fiscal emergency, one by the governor,
one by the superintendent
of public instructiondirector
of education and workforce,
and one by the mayor of the municipal corporation with the largest
number of residents living within the school district, except that if
more than fifty per cent of the residents of the district reside
outside the municipal corporation containing the greatest number of
district residents or if there is no municipal corporation located in
the school district, the county auditor of the county with the
largest number of residents living within the school district shall
make the appointment in lieu of a mayor. All of the appointed members
shall serve at the pleasure of the appointing authority during the
life of the commission. In the event of the death, resignation,
incapacity, removal, or ineligibility to serve of an appointed
member, the appointing authority shall appoint a successor within
fifteen days after the vacancy occurs.
(a) The member appointed by the governor and the member appointed by the mayor or county auditor shall be an individual:
(i) Who has knowledge and experience in financial matters, financial management, or business organization or operations, including at least five years of experience in the public or private sector in the management of business or financial enterprise, or in management consulting, public accounting, or other similar professional activity;
(ii) Whose residency, office, or principal place of professional or business activity is situated within the school district.
(b)
The member appointed by the superintendent
of public instruction director
shall
be a parent of a child currently enrolled in a public school within
the district.
(C)
Immediately after appointment of the initial appointed members of the
commission, the superintendent
of public instruction director
of education and workforce shall
call the first meeting of the commission and shall cause written
notice of the time, date, and place of the first meeting to be given
to each member of the commission at least forty-eight hours in
advance of the meeting.
(D)
The superintendent
of public instruction director
of education and workforce shall
serve as the commission's chairperson and the commission shall elect
one of its members as vice-chairperson and may appoint a secretary
and any other officers, who need not be members of the commission, as
it considers necessary.
(E) The commission may adopt and alter bylaws and rules, which shall not be subject to section 111.15 or Chapter 119. of the Revised Code, for the conduct of its affairs and for the manner, subject to this chapter, in which its powers and functions shall be exercised and embodied.
(F) Three members of the commission constitute a quorum of the commission. The affirmative vote of three members of the commission is necessary for any action taken by vote of the commission. No vacancy in the membership of the commission shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the commission. Members of the commission, and their designees, are not disqualified from voting by reason of the functions of the other office they hold and are not disqualified from exercising the functions of the other office with respect to the school district, its officers, or the commission.
(G) The auditor of state shall act as the financial supervisor for the school district under contract with the commission unless the auditor of state elects to contract for that service. At the request of the commission the auditor of state shall designate employees of the auditor of state's office to assist the commission and to coordinate the work of the auditor of state's office. Upon the declaration of a fiscal emergency in any school district, the school district shall provide the commission with such reasonable office space in the principal building housing the administrative offices of the school district, where feasible, as the commission determines is necessary to carry out its duties under this chapter.
The attorney general shall serve as the legal counsel for the commission.
(H)
The members of the commission, the superintendent
of public instructiondirector
of education and workforce,
the auditor of state, and any person authorized to act on behalf of
or assist them shall not be personally liable or subject to any suit,
judgment, or claim for damages resulting from the exercise of or
failure to exercise the powers, duties, and functions granted to them
in regard to their functioning under this chapter, but the
commission, the superintendent
of public instructiondirector,
the auditor of state, and such other persons shall be subject to
mandamus proceedings to compel performance of their duties under this
chapter.
(I) At the request of the commission the administrative head of any state agency shall temporarily assign personnel skilled in accounting and budgeting procedures to assist the commission in its duties.
(J) The appointed members of the commission are not subject to section 102.02 of the Revised Code, each appointed member of the commission shall file with the commission a signed written statement setting forth the general nature of sales of goods, property, or services or of loans to the school district with respect to which that commission is established, in which the appointed member has a pecuniary interest or in which any member of the appointed member's immediate family, as defined in section 102.01 of the Revised Code, or any corporation, partnership, or enterprise of which the appointed member is an officer, director, or partner, or of which the appointed member or a member of the appointed member's immediate family, as so defined, owns more than a five per cent interest, has a pecuniary interest, and of which sale, loan, or interest such member has knowledge. The statement shall be supplemented from time to time to reflect changes in the general nature of any such sales or loans.
(K) Meetings of the commission shall be subject to section 121.22 of the Revised Code except that division (C) of such section requiring members to be physically present to be part of a quorum or vote does not apply if the commission holds a meeting by teleconference and if provisions are made for public attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within one hundred twenty days after the first meeting of a school district financial planning and supervision commission, the commission shall adopt a financial recovery plan regarding the school district for which the commission was created. During the formulation of the plan, the commission shall seek appropriate input from the school district board and from the community. This plan shall contain the following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared to exist pursuant to division (B) of section 3316.03 of the Revised Code;
(b) Satisfy any judgments, past-due accounts payable, and all past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that any prior year deficits in the capital and maintenance fund established pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d) Restore to special funds any moneys from such funds that were used for purposes not within the purposes of such funds, or borrowed from such funds by the purchase of debt obligations of the school district with the moneys of such funds, or missing from the special funds and not accounted for, if any;
(e) Balance the budget, avoid future deficits in any funds, and maintain on a current basis payments of payroll, fringe benefits, and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market long-term general obligation bonds under provisions of law applicable to school districts generally.
(2) The management structure that will enable the school district to take the actions enumerated in division (A)(1) of this section. The plan shall specify the level of fiscal and management control that the commission will exercise within the school district during the period of fiscal emergency, and shall enumerate respectively, the powers and duties of the commission and the powers and duties of the school board during that period. The commission may elect to assume any of the powers and duties of the school board it considers necessary, including all powers related to personnel, curriculum, and legal issues in order to successfully implement the actions described in division (A)(1) of this section.
(3) The target dates for the commencement, progress upon, and completion of the actions enumerated in division (A)(1) of this section and a reasonable period of time expected to be required to implement the plan. The commission shall prepare a reasonable time schedule for progress toward and achievement of the requirements for the plan, and the plan shall be consistent with that time schedule.
(4) The amount and purpose of any issue of debt obligations that will be issued, together with assurances that any such debt obligations that will be issued will not exceed debt limits supported by appropriate certifications by the fiscal officer of the school district and the county auditor. If the commission considers it necessary in order to maintain or improve educational opportunities of pupils in the school district, the plan may include a proposal to restructure or refinance outstanding debt obligations incurred by the board under section 3313.483 of the Revised Code contingent upon the approval, during the period of the fiscal emergency, by district voters of a tax levied under section 718.09, 718.10, 5705.194, 5705.21, 5748.02, 5748.08, or 5748.09 of the Revised Code that is not a renewal or replacement levy, or a levy under section 5705.199 of the Revised Code, and that will provide new operating revenue. Notwithstanding any provision of Chapter 133. or sections 3313.483 to 3313.4810 of the Revised Code, following the required approval of the district voters and with the approval of the commission, the school district may issue securities to evidence the restructuring or refinancing. Those securities may extend the original period for repayment, not to exceed ten years, and may alter the frequency and amount of repayments, interest or other financing charges, and other terms of agreements under which the debt originally was contracted, at the discretion of the commission, provided that any loans received pursuant to section 3313.483 of the Revised Code shall be paid from funds the district would otherwise receive under Chapter 3317. of the Revised Code, as required under division (E)(3) of section 3313.483 of the Revised Code. The securities issued for the purpose of restructuring or refinancing the debt shall be repaid in equal payments and at equal intervals over the term of the debt and are not eligible to be included in any subsequent proposal for the purpose of restructuring or refinancing debt under this section.
(5) An evaluation of the feasibility of entering into shared services agreements with other political subdivisions for the joint exercise of any power, performance of any function, or rendering of any service, if so authorized by statute.
(B) Any financial recovery plan may be amended subsequent to its adoption. Each financial recovery plan shall be updated annually.
(C)
Each school district financial planning and supervision commission
shall submit the financial recovery plan it adopts or updates under
this section to the state
superintendent of public instruction director
of education and workforce for
approval immediately following its adoption or updating. The state
superintendent director
shall
evaluate the plan and either approve or disapprove it within thirty
calendar days from the date of its submission. If the plan is
disapproved, the state
superintendent director
shall
recommend modifications that will render it acceptable. No financial
planning and supervision commission shall implement a financial
recovery plan that is adopted or updated on or after April 10, 2001,
unless the state
superintendent director
has
approved it.
Sec.
3316.08. During
a school district's fiscal emergency period, the auditor of state
shall determine annually, or at any other time upon request of the
financial planning and supervision commission, whether the school
district will incur an operating deficit. If the auditor of state
determines that a school district will incur an operating deficit,
the auditor of state shall certify that determination to the
superintendent
of public instructiondirector
of education and workforce,
the financial planning and supervision commission, and the board of
education of the school district. Upon receiving the auditor of
state's certification, the commission shall adopt a resolution
requesting that the board of education work with the county auditor
or tax commissioner to estimate the amount and rate of a tax levy
that is needed under section 5705.194, 5709.199
5705.199,
or 5705.21 or Chapter 5748. of the Revised Code to produce a positive
fund balance not later than the fifth year of the five-year forecast
submitted under section 5705.391 of the Revised Code.
The
board of education shall recommend to the commission whether the
board supports or opposes a tax levy under section 5705.194, 5709.199
5705.199,
or 5705.21 or Chapter 5748. of the Revised Code and shall provide
supporting documentation to the commission of its recommendation.
After considering the board of education's recommendation and supporting documentation, the commission shall adopt a resolution to either submit a ballot question proposing a tax levy or not to submit such a question.
Except
as otherwise provided in this division, the tax shall be levied in
the manner prescribed for a tax levied under section 5705.194,
5709.199
5705.199,
or 5705.21 or under Chapter 5748. of the Revised Code. If the
commission decides that a tax should be levied, the tax shall be
levied for the purpose of paying current operating expenses of the
school district. The rate of a property tax levied under section
5705.194, 5709.199
5705.199,
5705.21, or 5748.09 of the Revised Code shall be determined by the
county auditor, and the rate of an income tax levied under section
5748.02, 5748.08, or 5748.09 of the Revised Code shall be determined
by the tax commissioner, upon the request of the commission. The
commission, in consultation with the board of education, shall
determine the election at which the question of the tax shall appear
on the ballot, and the commission shall submit a copy of its
resolution to the board of elections not later than ninety days prior
to the day of that election. The board of elections conducting the
election shall certify the results of the election to the board of
education and to the financial planning and supervision commission.
Sec. 3316.20. (A)(1) The school district solvency assistance fund is hereby created in the state treasury, to consist of such amounts designated for the purposes of the fund by the general assembly. The fund shall be used to provide assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that they are unable to pay from existing resources.
(2) There is hereby created within the fund an account known as the school district shared resource account, which shall consist of money appropriated to it by the general assembly. The money in the account shall be used solely for solvency assistance to school districts that have been declared under division (B) of section 3316.03 of the Revised Code to be in a state of fiscal emergency.
(3) There is hereby created within the fund an account known as the catastrophic expenditures account, which shall consist of money appropriated to the account by the general assembly plus all investment earnings of the fund. Money in the account shall be used solely for the following:
(a) Solvency assistance to school districts that have been declared under division (B) of section 3316.03 of the Revised Code to be in a state of fiscal emergency, in the event that all money in the shared resource account is utilized for solvency assistance;
(b) Grants to school districts under division (C) of this section.
(B)
Solvency assistance payments under division (A)(2) or (3)(a) of this
section shall be made from the fund by the superintendent
of public instruction director
of education and workforce in
accordance with rules adopted by the director of budget and
management, after consulting with the superintendentdirector,
specifying approval criteria and procedures necessary for
administering the fund.
The
fund shall be reimbursed for any solvency assistance amounts paid
under division (A)(2) or (3)(a) of this section not later than the
end of the second fiscal year following the fiscal year in which the
solvency assistance payment was made, except that, upon the approval
of the director of budget and management and the superintendent
of public instructiondirector
of education and workforce,
the fund may be reimbursed in another fiscal year designated by the
director
of
budget and management
and
superintendent
director
of education and workforce that
is not later than the end of the tenth fiscal year following the
fiscal year in which the solvency assistance payment was made. If not
made directly by the school district, such reimbursement shall be
made by the director of budget and management from the amounts the
school district would otherwise receive pursuant to Chapter 3317. of
the Revised Code, or from any other funds appropriated for the
district by the general assembly. Reimbursements shall be credited to
the respective account from which the solvency assistance paid to the
district was deducted.
(C)
The superintendent
of public instruction director
of education and workforce may
make recommendations, and the controlling board may grant money from
the catastrophic expenditures account to any school district that
suffers an unforeseen catastrophic event that severely depletes the
district's financial resources. The superintendent
director
of education and workforce shall
make recommendations for the grants in accordance with rules adopted
by the director of budget and management, after consulting with the
superintendentdirector
of education and workforce.
A school district shall not be required to repay any grant awarded to
the district under this division, unless the district receives money
from this state or a third party, including an agency of the
government of the United States, specifically for the purpose of
compensating the district for revenue lost or expenses incurred as a
result of the unforeseen catastrophic event. If a school district
receives a grant from the catastrophic expenditures account on the
basis of the same circumstances for which an adjustment or
recomputation is authorized under section 3317.025, 3317.028,
3317.0210, or 3317.0211 of the Revised Code, the department of
education
and
workforce
shall
reduce the adjustment or recomputation by an amount not to exceed the
total amount of the grant, and an amount equal to the reduction shall
be transferred, from the funding source from which the adjustment or
recomputation would be paid, to the catastrophic expenditures
account. Any adjustment or recomputation under such sections that is
in excess of the total amount of the grant shall be paid to the
school district.
Sec. 3317.01. As used in this section, "school district," unless otherwise specified, means any city, local, exempted village, joint vocational, or cooperative education school district and any educational service center.
This
chapter shall be administered by the state
board department
of
education
and
workforce.
The superintendent
of public instruction department
of education and workforce shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. Certification
of moneys pursuant to this section shall include the amounts payable
to each school building, at a frequency determined by the
superintendentdepartment,
for each subgroup of students, as defined in section 3317.40 of the
Revised Code, receiving services, provided for by state funding, from
the district or school. No moneys shall be distributed pursuant to
this chapter without the approval of the controlling board.
The
state
board of education department
shall,
in accordance with appropriations made by the general assembly, meet
the financial obligations of this chapter.
Moneys
distributed to school districts pursuant to this chapter shall be
calculated based on the annual enrollment calculated from the three
reports required under sections 3317.03 and 3317.036 of the Revised
Code and paid on a fiscal year basis, beginning with the first day of
July and extending through the thirtieth day of June. In any given
fiscal year, prior to school districts submitting the first report
required under section 3317.03 of the Revised Code, enrollment for
the districts shall be calculated based on the third report submitted
by the districts for the previous fiscal year. The moneys
appropriated for each fiscal year shall be distributed periodically
to each school district unless otherwise provided for. The
state
board
department,
in June of each year, shall submit to the controlling board the state
board's department's
year-end
distributions pursuant to this chapter.
Except as otherwise provided, payments under this chapter shall be made only to those school districts in which:
(A) The school district, except for any educational service center and any joint vocational or cooperative education school district, levies for current operating expenses at least twenty mills. Levies for joint vocational or cooperative education school districts or county school financing districts, limited to or to the extent apportioned to current expenses, shall be included in this qualification requirement. School district income tax levies under Chapter 5748. of the Revised Code, limited to or to the extent apportioned to current operating expenses, shall be included in this qualification requirement to the extent determined by the tax commissioner under division (C) of section 3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for which such payments are authorized meets the requirement of section 3313.48 of the Revised Code, with regard to the minimum number of hours school must be open for instruction with pupils in attendance, for individualized parent-teacher conference and reporting periods, and for professional meetings of teachers.
A school district shall not be considered to have failed to comply with this division because schools were open for instruction but either twelfth grade students were excused from attendance for up to the equivalent of three school days or only a portion of the kindergarten students were in attendance for up to the equivalent of three school days in order to allow for the gradual orientation to school of such students.
A
board of education or governing board of an educational service
center which has not conformed with other law and the rules pursuant
thereto, shall not participate in the distribution of funds
authorized by this chapter, except for good and sufficient reason
established to the satisfaction of the state
board of education department
and
the state controlling board.
All funds allocated to school districts under this chapter, except those specifically allocated for other purposes, shall be used to pay current operating expenses only.
Sec. 3317.011. This section shall apply only for fiscal years 2022 and 2023.
(A) As used in this section:
(1) "Average administrative assistant salary" means the average salary of administrative assistants employed by city, local, and exempted village school districts in this state with salaries greater than $20,000 but less than $65,000, using fiscal year 2018 data, as determined by the department of education and workforce.
(2) "Average bookkeeping and accounting employee salary" means the average salary of bookkeeping employees and accounting employees employed by city, local, and exempted village school districts in this state with salaries greater than $20,000 but less than $80,000, using fiscal year 2018 data, as determined by the department.
(3) "Average clerical staff salary" means the average salary of clerical staff employed by city, local, and exempted village school districts in this state with salaries greater than $15,000 but less than $50,000, using fiscal year 2018 data, as determined by the department.
(4) "Average counselor salary" means the average salary of counselors employed by city, local, and exempted village school districts in this state with salaries greater than $30,000 but less than $95,000, using fiscal year 2018 data, as determined by the department.
(5) "Average education management information system support employee salary" means the average salary of accounting employees employed by city, local, and exempted village school districts in this state with salaries greater than $30,000 but less than $90,000, using fiscal year 2018 data, as determined by the department.
(6) "Average librarian and media staff salary" means the average salary of librarians and media staff employed by city, local, and exempted village school districts in this state with salaries greater than $30,000 but less than $95,000, using fiscal year 2018 data, as determined by the department.
(7) "Average other district administrator salary" means the average salary of all assistant superintendents and directors employed by city, local, and exempted village school districts in this state with salaries greater than $50,000 but less than $135,000, using fiscal year 2018 data, as determined by the department.
(8) "Average principal salary" means the average salary of all principals employed by city, local, and exempted village school districts in this state with salaries greater than $50,000 but less than $120,000, using fiscal year 2018 data, as determined by the department.
(9) "Average superintendent salary" means the average salary of all superintendents employed by city, local, and exempted village school districts in this state with salaries greater than $60,000 but less than $180,000, using fiscal year 2018 data, as determined by the department.
(10) "Average teacher cost" for a fiscal year is equal to the sum of the following:
(a) The average salary of teachers employed by city, local, and exempted village school districts in this state with salaries greater than $30,000 but less than $95,000, using fiscal year 2018 data, as determined by the department;
(b) An amount for teacher benefits equal to 0.16 times the average salary calculated under division (A)(10)(a) of this section;
(c) An amount for district-paid insurance costs equal to the following product:
The statewide weighted average employer-paid monthly premium based on data reported by city, local, and exempted village school districts to the state employment relations board for the health insurance survey conducted in accordance with divisions (K)(5) and (6) of section 4117.02 of the Revised Code using fiscal year 2018 data X 12
(11) "Eligible school district" means a city, local, or exempted village school district that satisfies one of the following:
(a) The district is a member of an organization that regulates interscholastic athletics.
(b) The district has teams in at least three different sports that participate in an interscholastic league.
(B) When calculating a district's aggregate base cost under this section, the department shall use data from fiscal year 2018 for all of the following:
(1) The average salaries determined under divisions (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10)(a) of this section;
(2) The amount for teacher benefits determined under division (A)(10)(b) of this section;
(3) The district-paid insurance costs determined under division (A)(10)(c) of this section;
(4) The spending determined under divisions (E)(4)(a), (E)(5)(a), (E)(6)(a), and (H)(1) of this section and the corresponding student counts determined under divisions (E)(4)(b), (E)(5)(b), (E)(6)(b), and (H)(2) of this section;
(5) The information determined under division (G)(3) of this section.
(C) A city, local, or exempted village school district's aggregate base cost for a fiscal year shall be equal to the following sum:
(The district's teacher base cost for that fiscal year computed under division (D) of this section) + (the district's student support base cost for that fiscal year computed under division (E) of this section) + (the district's leadership and accountability base cost for that fiscal year computed under division (F) of this section) + (the district's building leadership and operations base cost for that fiscal year computed under division (G) of this section) + (the athletic co-curricular activities base cost for that fiscal year computed under division (H) of this section, if the district is an eligible school district)
(D)
The department of
education shall
compute a district's teacher base cost for a fiscal year as follows:
(1) Calculate the district's classroom teacher cost for that fiscal year as follows:
(a) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in kindergarten and divide that number by 20;
(b) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades one through three and divide that number by 23;
(c) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades four through eight but are not enrolled in a career-technical education program or class described under section 3317.014 of the Revised Code and divide that number by 25;
(d) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades nine through twelve but are not enrolled in a career-technical education program or class described under section 3317.014 of the Revised Code and divide that number by 27;
(e) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in a career-technical education program or class, as certified under divisions (B)(11), (12), (13), (14), and (15) of section 3317.03 of the Revised Code, and divide that number by 18;
(f) Compute the sum of the quotients obtained under divisions (D)(1)(a), (b), (c), (d), and (e) of this section;
(g) Compute the classroom teacher cost by multiplying the average teacher cost for that fiscal year by the sum computed under division (D)(1)(f) of this section.
(2) Calculate the district's special teacher cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 150;
(b) If the quotient obtained under division (D)(2)(a) of this section is greater than 6, the special teacher cost shall be equal to that quotient multiplied by the average teacher cost for that fiscal year.
(c) If the quotient obtained under division (D)(2)(a) of this section is less than or equal to 6, the special teacher cost shall be equal to 6 multiplied by the average teacher cost for that fiscal year.
(3) Calculate the district's substitute teacher cost for that fiscal year in accordance with the following formula:
(a) Compute the substitute teacher daily rate with benefits by multiplying the substitute teacher daily rate of $90 by 1.16;
(b) Compute the substitute teacher cost in accordance with the following formula:
[The sum computed under division (D)(1)(f) of this section + (the greater of the quotient obtained under division (D)(2)(a) of this section and 6)] X the amount computed under division (D)(3)(a) of this section X 5
(4) Calculate the district's professional development cost for that fiscal year in accordance with the following formula:
[The sum computed under division (D)(1)(f) of this section + (the greater of the quotient obtained under division (D)(2)(a) of this section and 6)] X [(the sum of divisions (A)(10)(a) and (b) of this section for that fiscal year)/180] X 4
(5) Calculate the district's teacher base cost for that fiscal year, which equals the sum of divisions (D)(1), (2), (3), and (4) of this section.
(E) The department shall compute a district's student support base cost for a fiscal year as follows:
(1) Calculate the district's guidance counselor cost for that fiscal year as follows:
(a) Determine the number of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades nine through twelve and divide that number by 360;
(b) Compute the counselor cost in accordance with the following formula:
(The greater of the quotient obtained under division (E)(1)(a) of this section and 1) X [(the average counselor salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(2) Calculate the district's librarian and media staff cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 1,000;
(b) Compute the librarian and media staff cost in accordance with the following formula:
The quotient obtained under division (E)(2)(a) of this section X [(the average librarian and media staff salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(3) Calculate the district's staffing cost for student wellness and success for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 250;
(b) Compute the staffing cost for student wellness and success in accordance with the following formula:
(The greater of the quotient obtained under division (E)(3)(a) of this section and 5) X [(the average counselor salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(4) Calculate the district's academic co-curricular activities cost for that fiscal year as follows:
(a) Determine the total amount of spending for academic co-curricular activities reported by city, local, and exempted village school districts to the department using fiscal year 2018 data;
(b) Determine the sum of the enrolled ADM of every school district in the state using fiscal year 2018 data as specified under division (E)(4)(a) of this section;
(c) Compute the academic co-curricular activities cost in accordance with the following formula:
(The amount determined under division (E)(4)(a) of this section / the sum determined under division (E)(4)(b) of this section) X the district's base cost enrolled ADM for the fiscal year for which the academic co-curricular activities cost is computed
(5) Calculate the district's building safety and security cost for that fiscal year as follows:
(a) Determine the total amount of spending for building safety and security reported by city, local, and exempted village school districts to the department using fiscal year 2018 data;
(b) Determine the sum of the enrolled ADM of every school district in the state that reported the data specified under division (E)(5)(a) of this section using fiscal year 2018 data;
(c) Compute the building safety and security cost in accordance with the following formula:
(The amount determined under division (E)(5)(a) of this section / the sum determined under division (E)(5)(a) of this section) X the district's base cost enrolled ADM for the fiscal year for which the building safety and security cost is computed
(6) Calculate the district's supplies and academic content cost for that fiscal year as follows:
(a) Determine the total amount of spending for supplies and academic content, excluding supplies for transportation and maintenance, reported by city, local, and exempted village school districts to the department using fiscal year 2018 data;
(b) Determine the sum of the enrolled ADM of every school district in the state using fiscal year 2018 data as specified under division (E)(6)(a) of this section;
(c) Compute the supplies and academic content cost in accordance with the following formula:
(The amount determined under division (E)(6)(a) of this section / the sum determined under division (E)(6)(b) of this section) X the district's base cost enrolled ADM for the fiscal year for which the supplies and academic content cost is computed
(7) Calculate the district's technology cost for that fiscal year in accordance with the following formula:
$37.50 X the district's base cost enrolled ADM for that fiscal year
(8) Calculate the district's student support base cost for that fiscal year, which equals the sum of divisions (E)(1), (2), (3), (4), (5), (6), and (7) of this section.
(F) The department shall compute a district's leadership and accountability base cost for a fiscal year as follows:
(1) Calculate the district's superintendent cost for that fiscal year as follows:
(a) If the district's base cost enrolled ADM for that fiscal year is greater than 4,000, then the district's superintendent cost shall be equal to [($160,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year].
(b) If the district's base cost enrolled ADM for that fiscal year is less than or equal to 4,000 but greater than or equal to 500, the district's superintendent cost shall be equal to the sum of the following:
(i) (The district's base cost enrolled ADM for that fiscal year - 500) X {[($160,000 X 1.16) - ($80,000 X 1.16)]/3500};
(ii) ($80,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year.
(c) If the district's base cost enrolled ADM is less than 500, then the district's superintendent cost shall be equal to [($80,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year].
(2) Calculate the district's treasurer cost for that fiscal year as follows:
(a) If the district's base cost enrolled ADM for that fiscal year is greater than 4,000, then the district's treasurer cost shall be equal to [($130,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year].
(b) If the district's base cost enrolled ADM for that fiscal year is less than or equal to 4,000 but greater than or equal to 500, the district's treasurer cost shall be equal to the sum of the following:
(i) (The district's base cost enrolled ADM for that fiscal year - 500) X {[($130,000 X 1.16) - ($60,000 X 1.16)]/3500};
(ii) ($60,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year.
(c) If the district's base cost enrolled ADM is less than 500, then the district's treasurer cost shall be equal to [($60,000 X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year].
(3) Calculate the district's other district administrator cost for that fiscal year as follows:
(a) Divide the average other district administrator salary for that fiscal year by the average superintendent salary for that fiscal year;
(b) Divide the district's base cost enrolled ADM for that fiscal year by 750;
(c) Compute the other district administrator cost in accordance with the following formula:
{[(The district's superintendent cost for that fiscal year calculated under division (F)(1) of this section - the amount specified under division (A)(10)(c) of this section for that fiscal year) X the quotient obtained under division (F)(3)(a) of this section] + the amount specified under division (A)(10)(c) of this section} X (the greater of the quotient obtained under division (F)(3)(b) of this section and 2)
(4) Calculate the district's fiscal support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 850;
(b) Determine the lesser of the following:
(i) The maximum of the quotient obtained under division (F)(4)(a) of this section and 2;
(ii) 35.
(c) Compute the fiscal support cost in accordance with the following formula:
The number obtained under division (F)(4)(b) of this section X [(the average bookkeeping and accounting employee salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(5) Calculate the district's education management information system support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 5,000;
(b) Compute the education management information system support cost in accordance with the following formula:
(The greater of the quotient obtained under division (F)(5)(a) of this section and 1) X [(the average education management information system support employee salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(6) Calculate the district's leadership support cost for that fiscal year as follows:
(a) Determine the greater of the quotient obtained under division (F)(3)(b) of this section and 2, and add 1 to that number;
(b) Divide the number obtained under division (F)(6)(a) of this section by 3;
(c) Compute the leadership support cost in accordance with the following formula:
(The greater of the quotient obtained under division (F)(6)(b) of this section and 1) X [(the average administrative assistant salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]
(7) Calculate the district's information technology center support cost for that fiscal year in accordance with the following formula:
$31 X the district's base cost enrolled ADM for that fiscal year
(8) Calculate the district's district leadership and accountability base cost for that fiscal year, which equals the sum of divisions (F)(1), (2), (3), (4), (5), (6), and (7) of this section.
(G) The department shall compute a district's building leadership and operations base cost for a fiscal year as follows:
(1) Calculate the district's building leadership cost for that fiscal year as follows:
(a) Divide the average principal salary for that fiscal year by the average superintendent salary for that fiscal year;
(b) Divide the district's base cost enrolled ADM for that fiscal year by 450;
(c) Compute the building leadership cost in accordance with the following formula:
{[(The district's superintendent cost for that fiscal year calculated under division (F)(1) of this section - the amount specified under division (A)(10)(c) of this section for that fiscal year) X the quotient obtained under division (G)(1)(a) of this section] + the amount specified under division (A)(10)(c) of this section for that fiscal year} X the quotient obtained under division (G)(1)(b) of this section
(2) Calculate the district's building leadership support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 400;
(b) Determine the number of school buildings in the district for that fiscal year;
(c) Compute the building leadership support cost in accordance with the following formula:
(i) If the quotient obtained under division (G)(2)(a) of this section is less than the number obtained under division (G)(2)(b) of this section, then the district's building leadership support cost shall be equal to {the number obtained under division (G)(2)(b) of this section for that fiscal year X [(the average clerical staff salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]}.
(ii) If the quotient obtained under division (G)(2)(a) of this section is greater than or equal to the number obtained under division (G)(2)(b) of this section, then the district's building leadership support cost shall be equal to {[the lesser of (the number obtained under division (G)(2)(b) of this section X 3) and the quotient obtained under division (G)(2)(a) of this section] X [(the average clerical staff salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of this section for that fiscal year]}.
(3) Calculate the district's building operations cost for that fiscal year as follows:
(a) Using data for the six most recent fiscal years for which data is available, determine both of the following:
(i) The six-year average of the average building square feet per pupil for all city, local, and exempted village school district buildings in the state;
(ii) The six-year average cost per square foot for all city, local, and exempted village school district buildings in the state.
(b) Compute the building operations cost in accordance with the following formula:
The district's base cost enrolled ADM for that fiscal year X [(the number determined under division (G)(3)(a)(i) of this section X the number determined under division (G)(3)(a)(ii) of this section) - (the amount determined under division (E)(5)(a) of this section for that fiscal year/ the sum determined under division (E)(5)(b) of this section for that fiscal year)]
(4) Calculate the district's building leadership and operations base cost for that fiscal year, which equals the sum of divisions (G)(1), (2), and (3) of this section.
(H) If a district is an eligible school district, the department shall compute the district's athletic co-curricular activities base cost for a fiscal year as follows:
(1) Determine the total amount of spending for athletic co-curricular activities reported by city, local, and exempted village school districts to the department for that fiscal year;
(2) Determine the sum of the enrolled ADM of every school district in the state for that fiscal year;
(3) Compute the district's athletic co-curricular activities base cost in accordance with the following formula:
(The amount determined under division (H)(1) of this section / the sum determined under division (H)(2) of this section) X the district's base cost enrolled ADM for the fiscal year for which the funds for athletic co-curricular activities are computed
Sec. 3317.012. This section shall apply only for fiscal years 2022 and 2023.
(A) As used in this section, "average administrative assistant salary," "average bookkeeping and accounting employee salary," "average clerical staff salary," "average counselor salary," "average education management information system support employee salary," "average librarian and media staff salary," "average other district administrator salary," "average principal salary," "average superintendent salary," and "average teacher cost" have the same meanings as in section 3317.011 of the Revised Code.
(B) When calculating a district's aggregate base cost under this section, the department shall use data from fiscal year 2018 for all of the following:
(1) The average salaries determined under divisions (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10)(a) of section 3317.011 of the Revised Code;
(2) The amount for teacher benefits determined under division (A)(10)(b) of section 3317.011 of the Revised Code;
(3) The district-paid insurance costs determined under division (A)(10)(c) of section 3317.011 of the Revised Code;
(4) Spending determined under divisions (E)(4)(a), (E)(5)(a), and (H)(1) of section 3317.011 of the Revised Code and the corresponding student counts determined under divisions (E)(4)(b), (E)(5)(b), and (H)(2) of that section;
(5) The information determined under division (G)(3) of section 3317.011 of the Revised Code.
(C) A joint vocational school district's aggregate base cost for a fiscal year shall be equal to the following sum:
The district's teacher base cost for that fiscal year computed under division (D) of this section + the district's student support base cost for that fiscal year computed under division (E) of this section + the district's leadership and accountability base cost for that fiscal year computed under division (F) of this section + the district's building leadership and operations base cost for that fiscal year computed under division (G) of this section
(D) The department of education and workforce shall compute a district's teacher base cost for a fiscal year as follows:
(1) Calculate the district's classroom teacher cost for that fiscal year as follows:
(a) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in a career-technical education program or class, as certified under divisions (D)(2)(h), (i), (j), (k), and (l) of section 3317.03 of the Revised Code, and divide that number by 18;
(b) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades six through eight but are not enrolled in a career-technical education program or class described under section 3317.014 of the Revised Code and divide that number by 25;
(c) Determine the full-time equivalency of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades nine through twelve but are not enrolled in a career-technical education program or class described under section 3317.014 of the Revised Code and divide that number by 27;
(d) Compute the sum of the quotients obtained under divisions (D)(1)(a), (b), and (c) of this section;
(e) Compute the classroom teacher base cost by multiplying the average teacher cost for that fiscal year by the sum computed under division (D)(1)(d) of this section.
(2) Calculate the district's cost for that fiscal year for teachers providing health and physical education, instruction regarding employability and soft skills, development and coordination of internships and job placements, career-technical student organization activities, pre-apprenticeship and apprenticeship coordination, and any assessment related to career-technical education, including any nationally recognized job skills or end-of-course assessment, as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 150;
(b) If the quotient obtained under division (D)(2)(a) of this section is greater than 6, the teacher cost shall be equal to that quotient multiplied by the average teacher cost for that fiscal year.
(c) If the quotient obtained under division (D)(2)(a) of this section is less than or equal to 6, the teacher cost shall be equal to 6 multiplied by the average teacher cost for that fiscal year.
(3) Calculate the district's substitute teacher cost for that fiscal year in accordance with the following formula:
(a) Compute the substitute teacher daily rate with benefits by multiplying the substitute teacher daily rate of $90 by 1.16;
(b) Compute the substitute teacher cost in accordance with the following formula:
[The sum computed under division (D)(1)(d) of this section + (the greater of the quotient obtained under division (D)(2)(a) of this section and 6)] X the amount computed under division (D)(3)(a) of this section X 5
(4) Calculate the district's professional development cost for that fiscal year in accordance with the following formula:
[The sum computed under division (D)(1)(d) of this section + (the greater of the quotient obtained under division (D)(2)(a) of this section and 6)] X [(the sum of divisions (A)(10)(a) and (b) of section 3317.011 of the Revised Code for that fiscal year)/180] X 4
(5) Calculate the district's teacher base cost for that fiscal year, which equals the sum of divisions (D)(1), (2), (3), and (4) of this section.
(E) The department shall compute a district's student support base cost for a fiscal year as follows:
(1) Calculate the district's guidance counselor cost for that fiscal year as follows:
(a) Determine the number of students in the district's base cost enrolled ADM for that fiscal year that are enrolled in grades nine through twelve and divide that number by 360;
(b) Compute the counselor cost in accordance with the following formula:
(The greater of the quotient obtained under division (E)(1)(a) of this section and 1) X [(the average counselor salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(2) Calculate the district's librarian and media staff cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 1,000;
(b) Compute the librarian and media staff cost in accordance with the following formula:
The quotient obtained under division (E)(2)(a) of this section X [(the average librarian and media staff salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(3) Calculate the district's staffing cost for student wellness and success for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 250;
(b) Compute the staffing cost for student wellness and success in accordance with the following formula:
The quotient obtained under division (E)(3)(a) of this section X [(the average counselor salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(4) Calculate the district's cost for that fiscal year for career-technical curriculum specialists and coordinators, career assessment and program placement, recruitment and orientation, student success coordination, analysis of test results, development of intervention and remediation plans and monitoring of those plans, and satellite program coordination in accordance with the following formula:
[(The amount determined under division (E)(4)(a) of section 3317.011 of the Revised Code for that fiscal year / the sum determined under division (E)(4)(b) of section 3317.011 of the Revised Code) + (the amount determined under division (H)(1) of section 3317.011 of the Revised Code for that fiscal year / the sum determined under division (H)(2) of section 3317.011 of the Revised Code)] X the district's base cost enrolled ADM for the fiscal year for which the district's cost under this division is computed
(5) Compute the district's building safety and security cost for that fiscal year in accordance with the following formula:
(The amount determined under division (E)(5)(a) of section 3317.011 of the Revised Code for that fiscal year / the sum determined under division (E)(5)(b) of section 3317.011 of the Revised Code) X the district's base cost enrolled ADM for the fiscal year for which the building safety and security cost is computed
(6) Compute the district's supplies and academic content cost for that fiscal year in accordance with the following formula:
(The amount determined under division (E)(6)(a) of section 3317.011 of the Revised Code for that fiscal year / the sum determined under division (E)(6)(b) of section 3317.011 of the Revised Code) X the district's base cost enrolled ADM for the fiscal year for which the supplies and academic content cost is computed
(7) Calculate the district's technology cost for that fiscal year in accordance with the following formula:
$37.50 X the district's base cost enrolled ADM for that fiscal year
(8) Calculate the district's student support base cost for that fiscal year, which equals the sum of divisions (E)(1), (2), (3), (4), (5), (6), and (7) of this section.
(F) The department shall compute a district's leadership and accountability base cost for a fiscal year as follows:
(1) Calculate the district's superintendent cost for that fiscal year as follows:
(a) If the district's base cost enrolled ADM for that fiscal year is greater than 4,000, then the district's superintendent cost shall be equal to [($160,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year].
(b) If the district's base cost enrolled ADM for that fiscal year is less than or equal to 4,000 but greater than or equal to 500, the district's superintendent cost shall be equal to the sum of the following:
(i) (The district's base cost enrolled ADM for that fiscal year - 500) X {[($160,000 X 1.16) - ($80,000 X 1.16)]/3500};
(ii) ($80,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year.
(c) If the district's base cost enrolled ADM is less than 500, then the district's superintendent cost shall be equal to [($80,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year].
(2) Calculate the district's treasurer cost for that fiscal year as follows:
(a) If the district's base cost enrolled ADM for that fiscal year is greater than 4,000, then the district's treasurer cost shall be equal to [($130,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year].
(b) If the district's base cost enrolled ADM for that fiscal year is less than or equal to 4,000 but greater than or equal to 500, the district's treasurer cost shall be equal to the sum of the following:
(i) (The district's base cost enrolled ADM for that fiscal year - 500) X {[($130,000 X 1.16) - ($60,000 X 1.16)]/3500};
(ii) ($60,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year.
(c) If the district's base cost enrolled ADM is less than 500, then the district's treasurer cost shall be equal to [($60,000 X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year].
(3) Calculate the district's other district administrator cost for that fiscal year as follows:
(a) Divide the average other district administrator salary for that fiscal year by the average superintendent salary for that fiscal year;
(b) Divide the district's base cost enrolled ADM for that fiscal year by 750;
(c) Compute the other district administrator cost in accordance with the following formula:
{[(The district's superintendent cost for that fiscal year calculated under division (F)(1) of this section - the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year) X the quotient obtained under division (F)(3)(a) of this section] + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code} X (the greater of the quotient obtained under division (F)(3)(b) of this section and 2)
(4) Calculate the district's fiscal support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 850;
(b) Determine the lesser of the following:
(i) The maximum of the quotient obtained under division (F)(4)(a) of this section and 2;
(ii) 35.
(c) Compute the fiscal support cost in accordance with the following formula:
The number obtained under division (F)(4)(b) of this section X [(the average bookkeeping and accounting employee salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(5) Calculate the district's education management information system support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 5,000;
(b) Compute the education management information system support cost in accordance with the following formula:
(The greater of the quotient obtained under division (F)(5)(a) of this section and 1) X [(the average education management information system support employee salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(6) Calculate the district's leadership support cost for that fiscal year as follows:
(a) Determine the greater of the quotient obtained under division (F)(3)(b) of this section and 2 and add 1 to that number;
(b) Divide the number obtained under division (F)(6)(a) of this section by 3;
(c) Compute the leadership support cost in accordance with the following formula:
(The greater of the quotient obtained under division (F)(6)(b) of this section and 1) X [(the average administrative assistant salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]
(7) Calculate the district's information technology center support cost for that fiscal year in accordance with the following formula:
$31 X the district's base cost enrolled ADM for that fiscal year
(8) Calculate the district's district leadership and accountability base cost for that fiscal year, which equals the sum of divisions (F)(1), (2), (3), (4), (5), (6), and (7) of this section;
(G) The department shall compute a district's building leadership and operations base cost for a fiscal year as follows:
(1) Calculate the district's building leadership cost for that fiscal year as follows:
(a) Divide the average principal salary for that fiscal year by the average superintendent salary for that fiscal year;
(b) Divide the district's base cost enrolled ADM for that fiscal year by 450;
(c) Compute the building leadership cost in accordance with the following formula:
{[(The district's superintendent cost for that fiscal year calculated under division (F)(1) of this section - the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year) X the quotient obtained under division (G)(1)(a) of this section] + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year} X the quotient obtained under division (G)(1)(b) of this section
(2) Calculate the district's building leadership support cost for that fiscal year as follows:
(a) Divide the district's base cost enrolled ADM for that fiscal year by 400;
(b) Determine the number of school buildings in the district for that fiscal year;
(c) Compute the building leadership support cost in accordance with the following formula:
(i) If the quotient obtained under division (G)(2)(a) of this section is less than the number obtained under division (G)(2)(b) of this section, then the district's building leadership support cost shall be equal to {the number obtained under division (G)(2)(b) of this section X [(the average clerical staff salary X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]}.
(ii) If the quotient obtained under division (G)(2)(a) of this section is greater than or equal to the number obtained under division (G)(2)(b) of this section, then the district's building leadership support cost shall be equal to {[the lesser of (the number obtained under division (G)(2)(b) of this section X 3) and the quotient obtained under division (G)(2)(a) of this section] X [(the average clerical staff salary for that fiscal year X 1.16) + the amount specified under division (A)(10)(c) of section 3317.011 of the Revised Code for that fiscal year]}.
(3) Compute the district's building operations cost for that fiscal year in accordance with the following formula:
The district's base cost enrolled ADM for that fiscal year X [(the number determined under division (G)(3)(a)(i) of section 3317.011 of the Revised Code X the number determined under division (G)(3)(a)(ii) of section 3317.011 of the Revised Code) - (the amount determined under division (E)(5)(a) of section 3317.011 of the Revised Code for that fiscal year / the sum determined under division (E)(5)(b) of section 3317.011 of the Revised Code for that fiscal year)]
(4) Calculate the district's building leadership and operations base cost for that fiscal year, which equals the sum of divisions (G)(1), (2), and (3) of this section.
Sec. 3317.014. (A) The multiples for the following categories of career-technical education programs approved by the department of education and workforce under section 3317.161 of the Revised Code shall be as follows:
(1) A multiple of 0.6230 for students enrolled in career-technical education workforce development programs in agricultural and environmental systems, construction technologies, engineering and science technologies, finance, health science, information technology, and manufacturing technologies, each of which shall be defined by the department in consultation with the governor's office of workforce transformation;
(2) A multiple of 0.5905 for students enrolled in workforce development programs in business and administration, hospitality and tourism, human services, law and public safety, transportation systems, and arts and communications, each of which shall be defined by the department in consultation with the governor's office of workforce transformation;
(3) A multiple of 0.2154 for students enrolled in career-based intervention programs, which shall be defined by the department in consultation with the governor's office of workforce transformation;
(4)
A multiple of 0.1830 for students enrolled in workforce development
programs in education and training, marketing, workforce development
academics, public administration, and career development, each of
which shall be defined by the department of
education in
consultation with the governor's office of workforce transformation;
(5)
A multiple of 0.1570 for students enrolled in family and consumer
science programs, which shall be defined by the department of
education in
consultation with the governor's office of workforce transformation.
(B) The multiple for career-technical education associated services, as defined by the department, shall be 0.0294.
(C)
The department of
education shall
calculate career-technical education funds for each funding unit that
is a city, local, exempted village, or joint vocational school
district or the community and STEM school unit as follows:
(1) For fiscal years 2022 and 2023, the sum of the following:
(a) The funding unit's category one career-technical education ADM X the multiple specified in division (A)(1) of this section X the statewide average career-technical base cost per pupil for that fiscal year X if the funding unit is a city, local, exempted village, or joint vocational school district, the district's state share percentage;
(b) The funding unit's category two career-technical education ADM X the multiple specified in division (A)(2) of this section X the statewide average career-technical base cost per pupil for that fiscal year X if the funding unit is a city, local, exempted village, or joint vocational school district, the district's state share percentage;
(c) The funding unit's category three career-technical education ADM X the multiple specified in division (A)(3) of this section X the statewide average career-technical base cost per pupil for that fiscal year X if the funding unit is a city, local, exempted village, or joint vocational school district, the district's state share percentage;
(d) The funding unit's category four career-technical education ADM X the multiple specified in division (A)(4) of this section X the statewide average career-technical base cost per pupil for that fiscal year X if the funding unit is a city, local, exempted village, or joint vocational school district, the district's state share percentage;
(e) The funding unit's category five career-technical education ADM X the multiple specified in division (A)(5) of this section X the statewide average career-technical base cost per pupil for that fiscal year X if the funding unit is a city, local, exempted village, or joint vocational school district, the district's state share percentage.
(2) For fiscal year 2024 and each fiscal year thereafter, the sum of the following:
(a) An amount calculated in a manner determined by the general assembly times the funding unit's category one career-technical education ADM;
(b) An amount calculated in a manner determined by the general assembly times the funding unit's category two career-technical education ADM;
(c) An amount calculated in a manner determined by the general assembly times the funding unit's category three career-technical education ADM;
(d) An amount calculated in a manner determined by the general assembly times the funding unit's category four career-technical education ADM;
(e) An amount calculated in a manner determined by the general assembly times the funding unit's category five career-technical education ADM.
(3) Payment of funds calculated under division (C) of this section is subject to approval under section 3317.161 of the Revised Code.
(D) Subject to division (I) of section 3317.023 of the Revised Code, the department shall calculate career-technical associated services funds for each funding unit that is a city, local, exempted village, or joint vocational school district or the community and STEM school unit as follows:
(1) For fiscal years 2022 and 2023, the following product:
(If the funding unit is a city, local, exempted village, or joint vocational school district, the funding unit's state share percentage) X the multiple for career-technical education associated services specified under division (B) of this section X the statewide average career-technical base cost per pupil for that fiscal year X the sum of the funding unit's categories one through five career-technical education ADM
(2) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly times the funding unit's categories one through five career-technical education ADM.
(E)(1) In accordance with division (I) of section 3317.023 of the Revised Code, the department shall compute career awareness and exploration funds for each city, local, exempted village, and joint vocational school district, community school established under Chapter 3314. of the Revised Code, and STEM school established under Chapter 3326. of the Revised Code that is part of a career technical planning district. The department shall pay the lead district in each career technical planning district as follows:
(a) For fiscal years 2022 and 2023, an amount equal to the following product:
The sum of enrolled ADM for all districts and schools within the career technical planning district X $2.50, for fiscal year 2022, or $5, for fiscal year 2023
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly, if the general assembly authorizes such a payment to city, local, exempted village, and joint vocational school districts, community schools, and STEM schools.
(2) The lead district of a career technical planning district shall use career awareness and exploration funds in accordance with division (H) of this section.
(F)(1) In any fiscal year, a school district receiving funds calculated under division (C) of this section shall spend those funds only for the purposes that the department designates as approved for career-technical education expenses. Career-technical education expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding calculated under division (C) of this section may be spent.
(2) All funds received under division (C) of this section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be spent on curriculum development, purchase, and implementation; instructional resources and supplies; industry-based program certification; student assessment, credentialing, and placement; curriculum specific equipment purchases and leases; career-technical student organization fees and expenses; home and agency linkages; work-based learning experiences; professional development; and other costs directly associated with career-technical education programs including development of new programs.
(b) Not more than twenty-five per cent of the funds shall be used for personnel expenditures.
(G) In any fiscal year, a school district receiving funds calculated under division (D) of this section, or through a transfer of funds pursuant to division (I) of section 3317.023 of the Revised Code, shall spend those funds only for the purposes that the department designates as approved for career-technical education associated services expenses, which may include such purposes as apprenticeship coordinators, coordinators for other career-technical education services, career-technical evaluation, and other purposes designated by the department. The department may deny payment of funds calculated under division (D) of this section to any district that the department determines is not operating those services or is using funds calculated under division (D) of this section, or through a transfer of funds pursuant to division (I) of section 3317.023 of the Revised Code, for other purposes.
(H)
In any fiscal year, a lead district of a career-technical planning
district receiving funds under division (E) of this section, shall
utilize those funds to deliver relevant career awareness and
exploration programs to all students within its career technical
planning district in a manner that is consistent with the
career-technical planning district's plan that is on file with the
department
of
education.
The lead district that receives funds under this division shall spend
those funds only for the following purposes:
(1) Delivery of career awareness programs to students enrolled in grades kindergarten through twelve;
(2) Provision of a common, consistent curriculum to students throughout their primary and secondary education;
(3) Assistance to teachers in providing a career development curriculum to students;
(4) Development of a career development plan for each student that stays with that student for the duration of the student's primary and secondary education;
(5) Provision of opportunities for students to engage in activities, such as career fairs, hands-on experiences, and job shadowing, across all career pathways at each grade level.
The department may deny payment under this division to any district or school that the department determines is using funds paid under this division for other purposes.
Sec. 3317.015. (A) In addition to the information certified to the department of education and workforce and the office of budget and management under division (A) of section 3317.021 of the Revised Code, the tax commissioner shall, at the same time, certify the following information to the department and the office of budget and management for each city, exempted village, and local school district to be used for the same purposes as described under that division:
(1) The taxable value of the school district's carryover property, as defined in section 319.301 of the Revised Code, for the preceding tax year;
(2) The increase in such carryover value, if any, between the second preceding tax year and the preceding tax year as used in calculating the percentage reduction under section 319.301 of the Revised Code.
(B) For each fiscal year the department of education and workforce shall calculate each school district's recognized valuation in the following manner:
(1) For a school district located in a county in which a reappraisal or triennial update occurred in the preceding tax year, the recognized valuation equals the district's total taxable value for the preceding tax year minus two-thirds times the increase in the carryover value from the second preceding tax year to the preceding tax year.
(2) For a school district located in a county in which a reappraisal or triennial update occurred in the second preceding tax year, the recognized valuation equals the district's total taxable value for the preceding tax year minus one-third times the increase in the carryover value from the third preceding tax year to the second preceding tax year.
(3) For a school district located in a county in which a reappraisal or triennial update occurred in the third preceding tax year, the recognized valuation equals the district's total taxable value for the preceding tax year.
Sec. 3317.017. This section shall apply only for fiscal years 2022 and 2023.
(A) The department of education and workforce shall compute a city, local, or exempted village school district's per-pupil local capacity amount for a fiscal year as follows:
(1) Calculate the district's valuation per pupil for that fiscal year as follows:
(a) Determine the minimum of the district's three-year average valuation for the fiscal year for which the calculation is made and the district's taxable value for the most recent tax year for which data is available;
(b) Divide the amount determined under division (A)(1)(a) of this section by the district's base cost enrolled ADM for the fiscal year for which the calculation is made.
(2) Calculate the district's local share federal adjusted gross income per pupil for that fiscal year as follows:
(a) Determine the minimum of the following:
(i) The average of the total federal adjusted gross income of the district's residents for the three most recent tax years for which data is available, as certified under section 3317.021 of the Revised Code;
(ii) The total federal adjusted gross income of the district's residents for the most recent tax year for which data is available, as certified under section 3317.021 of the Revised Code.
(b) Divide the amount determined under division (A)(2)(a) of this section by the district's base cost enrolled ADM for the fiscal year for which the calculation is made.
(3) Calculate the district's adjusted local share federal adjusted gross income per pupil for that fiscal year as follows:
(a) Determine both of the following:
(i) The median federal adjusted gross income of the district's residents for the most recent tax year for which data is available, as certified under section 3317.021 of the Revised Code;
(ii) The number of state tax returns filed by taxpayers residing in the district for the most recent tax year for which data is available, as certified under section 3317.021 of the Revised Code.
(b) Compute the product of divisions (A)(3)(a)(i) and (ii) of this section;
(c) Divide the amount determined under division (A)(3)(b) of this section by the district's base cost enrolled ADM for the fiscal year for which the calculation is made.
(4) Calculate the district's per-pupil local capacity percentage as follows:
(a) Determine the median of the median federal adjusted gross incomes determined for all districts statewide under division (A)(3)(a)(i) of this section for that fiscal year;
(b) Divide the district's median federal adjusted gross income for that fiscal year determined under division (A)(3)(a)(i) of this section by the median federal adjusted gross income for all districts statewide determined under division (A)(4)(a) of this section;
(c) Rank all school districts in order of the ratios calculated under division (A)(4)(b) of this section, from the district with the highest ratio calculated under division (A)(4)(b) of this section to the district with the lowest ratio calculated under division (A)(4)(b) of this section;
(d) Determine the district's per-pupil local capacity percentage as follows:
(i) If the ratio calculated for the district under division (A)(4)(b) of this section is greater than or equal to the ratio calculated under division (A)(4)(b) of this section for the district with the fortieth highest ratio as determined under division (A)(4)(c) of this section, the district's per-pupil local capacity percentage shall be equal to 0.025.
(ii) If the ratio calculated for the district under division (A)(4)(b) of this section is less than the ratio calculated under division (A)(4)(b) of this section for the district with the fortieth highest ratio as determined under division (A)(4)(c) of this section but greater than 1.0, the district's per-pupil local capacity percentage shall be equal to an amount calculated as follows:
{[(The ratio calculated for the district under division (A)(4)(b) of this section - 1) X 0.0025]/ (the ratio calculated under division (A)(4)(b) of this section for the district with the fortieth highest ratio as determined under division (A)(4)(c) of this section – 1)} + 0.0225
(iii) If the ratio calculated for the district under division (A)(4)(b) of this section is less than or equal to 1.0, the district's per-pupil local capacity percentage shall be equal to the amount calculated under division (A)(4)(b) of this section times 0.0225.
(5) Calculate the district's per-pupil local capacity amount for that fiscal year as follows:
(The district's valuation per pupil calculated under division (A)(1) of this section for that fiscal year X the district's per-pupil local capacity percentage calculated under division (A)(4) of this section X 0.60) + (the district's local share adjusted federal gross income per pupil calculated under division (A)(2) of this section for that fiscal year X the district's per-pupil local capacity percentage calculated under division (A)(4) of this section X 0.20) + (the district's adjusted local share federal adjusted gross income per pupil calculated under division (A)(3) of this section for that fiscal year X the district's per-pupil local capacity percentage calculated under division (A)(4) of this section X 0.20)
(B) The department shall compute a city, local, or exempted village school district's state share for a fiscal year as follows:
(1) If the district's per-pupil local capacity amount for that fiscal year divided by the district's base cost per pupil for that fiscal year is greater than 0.95, then the district's state share shall be equal to (the district's base cost per pupil for that fiscal year X 0.05 X the district's enrolled ADM for that fiscal year).
(2) If the district's per-pupil local capacity amount for that fiscal year divided by the district's base cost per pupil for that fiscal year is less than or equal to 0.95, then the district's state share for that fiscal year shall be equal to [(the district's base cost per pupil for that fiscal year - the district's per-pupil local capacity amount for that fiscal year) X the district's enrolled ADM for that fiscal year].
(C) The department shall compute a city, local, or exempted village school district's state share percentage for a fiscal year as follows:
(the district's base cost per pupil amount for that fiscal year - the district's per pupil local capacity amount for that fiscal year)/(the district's base cost per pupil amount for that fiscal year).
If the result is less than 0.05, the state share percentage shall be 0.05.
Sec. 3317.019. (A)(1) Subject to division (C) of this section, for fiscal years 2022 and 2023, the department of education and workforce shall pay temporary transitional aid to each city, local, and exempted village school district according to the following formula:
(The district's funding base, as that term is defined in section 3317.02 of the Revised Code) – (the district's payment under section 3317.022 of the Revised Code - the district's payment for supplemental targeted assistance under section 3317.0218 of the Revised Code for the fiscal year for which each payment is computed)
If the computation made under division (A)(1) of this section results in a negative number, the district's funding under division (A)(1) of this section shall be zero.
(2) For fiscal years 2022 and 2023, the department shall pay temporary transitional transportation aid to that district according to the following formula:
(The amount calculated for the district for fiscal year 2020 under division (A)(2) of Section 265.220 of H.B. 166 of the 133rd general assembly, prior to any funding reductions authorized by Executive Order 2020-19D, "Implementing Additional Spending Controls to Balance the State Budget" issued on May 7, 2020) – (the district's payment for fiscal year 2019 under division (D)(2) of section 3314.091 of the Revised Code as that division existed prior to September 30, 2021) - (the district's payment under section 3317.0212 of the Revised Code for the fiscal year for which the payment is computed)
If the computation made under division (A)(2) of this section results in a negative number, the district's funding under division (A)(2) of this section shall be zero.
(B) If a local school district participates in the establishment of a joint vocational school district that begins receiving payments under section 3317.16 of the Revised Code for fiscal year 2022 or fiscal year 2023, but does not receive payments for the fiscal year immediately preceding that fiscal year, the department shall adjust, as necessary, the district's funding base, as that term is defined in section 3317.02 of the Revised Code, according to the amounts received by the district in the immediately preceding fiscal year for career-technical education students who attend the newly established joint vocational school district.
(C)(1) For purposes of division (C) of this section, a district's "decrease threshold" for a fiscal year is the greater of the following:
(a) Twenty;
(b) Ten per cent of the number of the district's students counted under division (A)(1)(b) of section 3317.03 of the Revised Code for the previous fiscal year.
(2) For fiscal years 2022 and 2023, if a district has fewer students counted under division (A)(1)(b) of section 3317.03 of the Revised Code for that fiscal year than for the previous fiscal year and the positive difference between those two student counts is greater than or equal to the district's decrease threshold for that fiscal year, the amount paid to the district under division (A) of this section shall be reduced by the following amount:
The statewide average base cost per pupil X [(the positive difference between the number of the district's students counted under division (A)(1)(b) of section 3317.03 of the Revised Code for that fiscal year and the number of the district's students counted under that division for the previous fiscal year) - the district's decrease threshold for that fiscal year]
At no time, however, shall the amount paid to a district under division (A) of this section be less than zero.
Sec. 3317.02. As used in this chapter:
(A) "Alternative school" has the same meaning as in section 3313.974 of the Revised Code.
(B) "Autism scholarship unit" means a unit that consists of all of the students for whom autism scholarships are awarded under section 3310.41 of the Revised Code.
(C) For fiscal years 2022 and 2023, a district's "base cost enrolled ADM" for a fiscal year means the greater of the following:
(1) The district's enrolled ADM for the previous fiscal year;
(2) The average of the district's enrolled ADM for the previous three fiscal years.
(D)(1) "Base cost per pupil" means the following for a city, local, or exempted village school district:
(a) For fiscal years 2022 and 2023, the aggregate base cost calculated for that district for that fiscal year under section 3317.011 of the Revised Code divided by the district's base cost enrolled ADM for that fiscal year;
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(2) "Base cost per pupil" means the following for a joint vocational school district:
(a) For fiscal years 2022 and 2023, the aggregate base cost calculated for that district for that fiscal year under section 3317.012 of the Revised Code divided by the district's base cost enrolled ADM for that fiscal year;
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(E)(1) "Category one career-technical education ADM" means the enrollment of students during the school year on a full-time equivalency basis in career-technical education programs described in division (A)(1) of section 3317.014 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under divisions (B)(4) and (5) of section 3314.08 of the Revised Code and division (D) of section 3326.32 of the Revised Code.
(2) "Category two career-technical education ADM" means the enrollment of students during the school year on a full-time equivalency basis in career-technical education programs described in division (A)(2) of section 3317.014 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(12) or (D)(2)(i) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under divisions (B)(4) and (5) of section 3314.08 of the Revised Code and division (D) of section 3326.32 of the Revised Code.
(3) "Category three career-technical education ADM" means the enrollment of students during the school year on a full-time equivalency basis in career-technical education programs described in division (A)(3) of section 3317.014 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(13) or (D)(2)(j) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under divisions (B)(4) and (5) of section 3314.08 of the Revised Code and division (D) of section 3326.32 of the Revised Code.
(4) "Category four career-technical education ADM" means the enrollment of students during the school year on a full-time equivalency basis in career-technical education programs described in division (A)(4) of section 3317.014 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(14) or (D)(2)(k) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under divisions (B)(4) and (5) of section 3314.08 of the Revised Code and division (D) of section 3326.32 of the Revised Code.
(5) "Category five career-technical education ADM" means the enrollment of students during the school year on a full-time equivalency basis in career-technical education programs described in division (A)(5) of section 3317.014 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(15) or (D)(2)(l) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under divisions (B)(4) and (5) of section 3314.08 of the Revised Code and division (D) of section 3326.32 of the Revised Code.
(F)(1) "Category one English learner ADM" means the full-time equivalent number of English learners described in division (A) of section 3317.016 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(16) or (D)(2)(m) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(6) of section 3314.08 of the Revised Code and division (E) of section 3326.32 of the Revised Code.
(2) "Category two English learner ADM" means the full-time equivalent number of English learners described in division (B) of section 3317.016 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(17) or (D)(2)(n) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(6) of section 3314.08 of the Revised Code and division (E) of section 3326.32 of the Revised Code.
(3) "Category three English learner ADM" means the full-time equivalent number of English learners described in division (C) of section 3317.016 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(18) or (D)(2)(o) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(6) of section 3314.08 of the Revised Code and division (E) of section 3326.32 of the Revised Code.
(G)(1) "Category one special education ADM" means the full-time equivalent number of children with disabilities receiving special education services for the disability specified in division (A) of section 3317.013 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(2) "Category two special education ADM" means the full-time equivalent number of children with disabilities receiving special education services for those disabilities specified in division (B) of section 3317.013 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(3) "Category three special education ADM" means the full-time equivalent number of students receiving special education services for those disabilities specified in division (C) of section 3317.013 of the Revised Code, and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(4) "Category four special education ADM" means the full-time equivalent number of students receiving special education services for those disabilities specified in division (D) of section 3317.013 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(5) "Category five special education ADM" means the full-time equivalent number of students receiving special education services for the disabilities specified in division (E) of section 3317.013 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district, certified under division (B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(6) "Category six special education ADM" means the full-time equivalent number of students receiving special education services for the disabilities specified in division (F) of section 3317.013 of the Revised Code and, in the case of a funding unit that is a city, local, exempted village, or joint vocational school district certified under division (B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code or, in the case of the community and STEM school unit, reported by all community and STEM schools statewide under division (B)(3) of section 3314.08 of the Revised Code and division (C) of section 3326.32 of the Revised Code.
(H) "Community and STEM school unit" means a unit that consists of all of the students enrolled in community schools established under Chapter 3314. of the Revised Code and science, technology, engineering, and mathematics schools established under Chapter 3326. of the Revised Code.
(I)(1) "Economically disadvantaged index for a school district" means the following:
(a) For fiscal years 2022 and 2023, the square of the quotient of that district's percentage of students in its enrolled ADM who are identified as economically disadvantaged as defined by the department of education and workforce, divided by the percentage of students in the statewide ADM identified as economically disadvantaged. For purposes of this calculation:
(i) For a city, local, or exempted village school district, the "statewide ADM" equals the sum of the following:
(I) The enrolled ADM for all city, local, and exempted village school districts combined;
(II) The statewide enrollment of students in community schools established under Chapter 3314. of the Revised Code;
(III) The statewide enrollment of students in science, technology, engineering, and mathematics schools established under Chapter 3326. of the Revised Code.
(ii) For a joint vocational school district, the "statewide ADM" equals the sum of the enrolled ADM for all joint vocational school districts combined.
(b) For fiscal year 2024 and each fiscal year thereafter, an index calculated in a manner determined by the general assembly.
(2) "Economically disadvantaged index for a community or STEM school" means the following:
(a)
For fiscal years 2022 and 2023, the square of the quotient of the
percentage of students enrolled in the school who are identified as
economically disadvantaged as defined by the department
of
education,
divided by the percentage of students in the statewide ADM identified
as economically disadvantaged. For purposes of this calculation, the
"statewide ADM" equals the "statewide ADM" for
city, local, and exempted village school districts described in
division (I)(1)(a)(i) of this section.
(b) For fiscal year 2024 and each fiscal year thereafter, an index calculated in a manner determined by the general assembly.
(J) "Educational choice scholarship unit" means a unit that consists of all of the students for whom educational choice scholarships are awarded under sections 3310.03 and 3310.032 of the Revised Code.
(K) "Enrolled ADM" means the following:
(1)
For a city, local, or exempted village school district, the
enrollment reported under division (A) of section 3317.03 of the
Revised Code, as verified by the superintendent
of public instruction department
and
adjusted if so ordered under division (K) of that section, and as
further adjusted by the department
of
education,
as follows:
(a) Add the students described in division (A)(1)(b) of section 3317.03 of the Revised Code;
(b) Subtract the students counted under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of section 3317.03 of the Revised Code;
(c) Count only twenty per cent of the number of joint vocational school district students counted under division (A)(3) of section 3317.03 of the Revised Code;
(d) Add twenty per cent of the number of students who are entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code and are enrolled in another school district under a career-technical education compact;
(e) Add twenty per cent of the number of students described in division (A)(1)(b) of section 3317.03 of the Revised Code who enroll in a joint vocational school district or under a career-technical education compact.
(2)
For a joint vocational school district, the final number verified by
the
superintendent
of public instruction
department,
based on the enrollment reported and certified under division (D) of
section 3317.03 of the Revised Code, as adjusted, if so ordered,
under division (K) of that section, and as further adjusted by the
department of
education by
adding the students described in division (D)(1)(b) of section
3317.03 of the Revised Code;
(3) For the community and STEM school unit, the sum of the number of students reported as enrolled in community schools under divisions (B)(1) and (2) of section 3314.08 of the Revised Code and the number of students reported as enrolled in STEM schools under division (A) of section 3326.32 of the Revised Code;
(4) For the educational choice scholarship unit, the number of students for whom educational choice scholarships are awarded under sections 3310.03 and 3310.032 of the Revised Code as reported under division (A)(2)(g) of section 3317.03 of the Revised Code;
(5) For the pilot project scholarship unit, the number of students for whom pilot project scholarships are awarded under sections 3313.974 to 3313.979 of the Revised Code as reported under division (A)(2)(b) of section 3317.03 of the Revised Code;
(6) For the autism scholarship unit, the number of students for whom autism scholarships are awarded under section 3310.41 of the Revised Code as reported under division (A)(2)(h) of section 3317.03 of the Revised Code;
(7) For the Jon Peterson special needs scholarship unit, the number of students for whom Jon Peterson special needs scholarships are awarded under sections 3310.51 to 3310.64 of the Revised Code as reported under division (A)(2)(h) of section 3317.03 of the Revised Code.
(L)(1)
"Formula ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code, as verified by the
superintendent
of public instruction department
and
adjusted if so ordered under division (K) of that section, and as
further adjusted by the department
of
education,
as follows:
(a) Count only twenty per cent of the number of joint vocational school district students counted under division (A)(3) of section 3317.03 of the Revised Code;
(b) Add twenty per cent of the number of students who are entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code and are enrolled in another school district under a career-technical education compact.
(2)
"Formula ADM" means, for a joint vocational school
district, the final number verified by the
superintendent
of public instruction
department,
based on the enrollment reported and certified under division (D) of
section 3317.03 of the Revised Code, as adjusted, if so ordered,
under division (K) of that section.
(M)
"FTE basis" means a count of students based on full-time
equivalency, in accordance with rules adopted by the department of
education pursuant
to section 3317.03 of the Revised Code. In adopting its rules under
this division, the department shall provide for counting any student
in category one, two, three, four, five, or six special education ADM
or in category one, two, three, four, or five career-technical
education ADM in the same proportion the student is counted in
enrolled ADM and formula ADM.
(N) For fiscal years 2022 and 2023, "funding base" means, for a city, local, or exempted village school district, the sum of the following as calculated by the department:
(1) The district's "general funding base," which equals the amount calculated as follows:
(a) Compute the sum of the following:
(i) The amount calculated for the district for fiscal year 2020 under division (A)(1) of Section 265.220 of H.B. 166 of the 133rd general assembly after any adjustments required under Section 265.227 of H.B. 166 of the 133rd general assembly and prior to any funding reductions authorized by Executive Order 2020-19D, "Implementing Additional Spending Controls to Balance the State Budget" issued on May 7, 2020;
(ii) Either of the following:
(I) For fiscal year 2022, the district's payments for fiscal year 2020 under divisions (C)(1), (2), (3), and (4) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021;
(II) For fiscal year 2023, the district's payments for fiscal year 2020 under divisions (C)(1), (3), and (4) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021.
(b) Subtract from the amount calculated in division (N)(1)(a) of this section the sum of the following:
(i) The following difference:
(The amount paid to the district under division (A)(5) of section 3317.022 of the Revised Code, as that division existed prior to September 30, 2021, for fiscal year 2019) - (the amounts deducted from the district and paid to a community school under division (C)(1)(e) of section 3314.08 of the Revised Code or a science, technology, engineering, and mathematics school under division (E) of section 3326.33 of the Revised Code as those divisions existed prior to September 30, 2021, for fiscal year 2020 in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly)
(ii) The payments deducted from the district and paid to a community school for fiscal year 2020 under divisions (C)(1)(a), (b), (c), (d), (e), (f), and (g) of section 3314.08 of the Revised Code as those divisions existed prior to September 30, 2021, in accordance with division (A) of Section 265.230 of H.B. 166 of the 133rd general assembly;
(iii) The payments deducted from the district and paid to a science, technology, engineering, and mathematics school for fiscal year 2020 under divisions (A), (B), (C), (D), (E), (F), and (G) of section 3326.33 of the Revised Code as those divisions existed prior to September 30, 2021, in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly;
(iv) The payments deducted from the district under division (C) of section 3310.08 of the Revised Code as that division existed prior to September 30, 2021, division (C)(2) of section 3310.41 of the Revised Code as that division existed prior to September 30, 2021, and former section 3310.55 of the Revised Code for fiscal year 2020 and, in the case of a pilot project school district as defined in section 3313.975 of the Revised Code, the funds deducted from the district under Section 265.210 of H.B. 166 of the 133rd general assembly to operate the pilot project scholarship program for fiscal year 2020 under sections 3313.974 to 3313.979 of the Revised Code;
(v) Either of the following:
(I) For fiscal year 2022, the payments subtracted from the district for fiscal year 2020 under divisions (B)(1), (2), and (3) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021;
(II) For fiscal year 2023, the payments subtracted from the district for fiscal year 2020 under divisions (B)(1) and (3) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021.
(2) The district's "disadvantaged pupil impact aid funding base," which equals the following difference:
(The amount paid to the district under division (A)(5) of section 3317.022 of the Revised Code, as that division existed prior to September 30, 2021, for fiscal year 2019) - (the amounts deducted from the district and paid to a community school under division (C)(1)(e) of section 3314.08 of the Revised Code or a science, technology, engineering, and mathematics school under division (E) of section 3326.33 of the Revised Code as those divisions existed prior to September 30, 2021, for fiscal year 2020 in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly)
(O) For fiscal years 2022 and 2023, "funding base" means, for a joint vocational school district, the sum of the following as calculated by the department:
(1) The district's "general funding base," which equals the amount calculated as follows:
(a) Compute the sum of the following:
(i) The district's payments for fiscal year 2020 under Section 265.225 of H.B. 166 of the 133rd general assembly after any adjustments required under Section 265.227 of H.B. 166 of the 133rd general assembly;
(ii) Either of the following:
(I) For fiscal year 2022, the district's payments for fiscal year 2020 under divisions (D)(1), (2), and (E)(3) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021;
(II) For fiscal year 2023, the district's payments for fiscal year 2020 under divisions (D)(1) and (2) of section 3313.981 of the Revised Code as those divisions existed prior to September 30, 2021.
(b) Subtract from the amount paid to the district under division (A)(3) of section 3317.16 of the Revised Code, as that division existed prior to September 30, 2021, for fiscal year 2019.
(2) The district's "disadvantaged pupil impact aid funding base," which equals the amount paid to the district under division (A)(3) of section 3317.16 of the Revised Code, as that division existed prior to September 30, 2021, for fiscal year 2019.
(P) For fiscal years 2022 and 2023, "funding base" for a community school means the following:
(1) For a community school that was in operation for the entirety of fiscal year 2020, the amount paid to the school for that fiscal year under division (C)(1) of section 3314.08 of the Revised Code as that division existed prior to September 30, 2021, in accordance with division (A) of Section 265.230 of H.B. 166 of the 133rd general assembly and the amount, if any, paid to the school for that fiscal year under section 3314.085 of the Revised Code in accordance with division (B) of Section 265.230 of H.B. 166 of the 133rd general assembly;
(2) For a community school that was in operation for part of fiscal year 2020, the amount that would have been paid to the school for that fiscal year under division (C)(1) of section 3314.08 of the Revised Code as that division existed prior to September 30, 2021, in accordance with division (A) of Section 265.230 of H.B. 166 of the 133rd general assembly if the school had been in operation for the entirety of that fiscal year, as calculated by the department, and the amount that would have been paid to the school for that fiscal year under section 3314.085 of the Revised Code in accordance with division (B) of Section 265.230 of H.B. 166 of the 133rd general assembly, if any, if the school had been in operation for the entirety of that fiscal year, as calculated by the department;
(3) For a community school that was not in operation for fiscal year 2020, the amount that would have been paid to the school if it was in operation for that school year under division (C)(1) of section 3314.08 of the Revised Code as that division existed prior to September 30, 2021, in accordance with division (A) of Section 265.230 of H.B. 166 of the 133rd general assembly if the school had been in operation for the entirety of that fiscal year, as calculated by the department, and the amount that would have been paid to the school for that fiscal year under section 3314.085 of the Revised Code in accordance with division (B) of Section 265.230 of H.B. 166 of the 133rd general assembly, if any, if the school had been in operation for the entirety of that fiscal year, as calculated by the department.
(Q) For fiscal years 2022 and 2023, "funding base" for a STEM school means the following:
(1) For a science, technology, engineering, and mathematics school that was in operation for the entirety of fiscal year 2020, the amount paid to the school for that fiscal year under section 3326.33 of the Revised Code as that section existed prior to September 30, 2021, in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly and the amount, if any, paid to the school for that fiscal year under section 3326.41 of the Revised Code in accordance with division (B) of Section 265.235 of H.B. 166 of the 133rd general assembly;
(2) For a science, technology, engineering, and mathematics school that was in operation for part of fiscal year 2020, the amount that would have been paid to the school for that fiscal year under section 3326.33 of the Revised Code as that section existed prior to September 30, 2021, in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly if the school had been in operation for the entirety of that fiscal year, as calculated by the department, and the amount that would have been paid to the school for that fiscal year under section 3326.41 of the Revised Code in accordance with division (B) of Section 265.235 of H.B. 166 of the 133rd general assembly, if any, if the school had been in operation for the entirety of that fiscal year, as calculated by the department;
(3) For a science, technology, engineering, and mathematics school that was not in operation for fiscal year 2020, the amount that would have been paid to the school if it was in operation for that school year under section 3326.33 of the Revised Code as that section existed prior to September 30, 2021, in accordance with division (A) of Section 265.235 of H.B. 166 of the 133rd general assembly if the school had been in operation for the entirety of that fiscal year, as calculated by the department, and the amount that would have been paid to the school for that fiscal year under section 3326.41 of the Revised Code in accordance with division (B) of Section 265.235 of H.B. 166 of the 133rd general assembly, if any, if the school had been in operation for the entirety of that fiscal year, as calculated by the department.
(R) "Funding unit" means any of the following:
(1) A city, local, exempted village, or joint vocational school district;
(2) The community and STEM school unit;
(3) The educational choice scholarship unit;
(4) The pilot project scholarship unit;
(5) The autism scholarship unit;
(6) The Jon Peterson special needs scholarship unit.
(S) "Jon Peterson special needs scholarship unit" means a unit that consists of all of the students for whom Jon Peterson scholarships are awarded under sections 3310.51 to 3310.64 of the Revised Code.
(T) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
(U) "LRE student with a disability" means a child with a disability who has an individualized education program providing for the student to spend more than half of each school day in a regular school setting with nondisabled students. For purposes of this division, "individualized education program" and "child with a disability" have the same meanings as in section 3323.01 of the Revised Code, and "LRE" is an abbreviation for "least restrictive environment."
(V) "Medically fragile child" means a child to whom all of the following apply:
(1) The child requires the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of the child's medical condition.
(2) The child requires the services of a registered nurse on a daily basis.
(3) The child is at risk of institutionalization in a hospital, skilled nursing facility, or intermediate care facility for individuals with intellectual disabilities.
(W)(1)
A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the state
board of education department
and
if either of the following apply:
(a)
The child is identified as having a medical condition that is among
those listed by the superintendent
of public instruction department
as
conditions where a substantial majority of cases fall within the
definition of "medically fragile child."
(b)
The child is determined by the superintendent
of public instruction department
to
be a medically fragile child. A school district superintendent may
petition the superintendent
of public instruction department
for
a determination that a child is a medically fragile child.
(2)
A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the state
board of education department
but
the child's condition does not meet either of the conditions
specified in division (W)(1)(a) or (b) of this section.
(X)(1) For fiscal years 2022 and 2023, a city, local, exempted village, or joint vocational school district's, community school's, or STEM school's "general phase-in percentage" is equal to the percentage for that fiscal year that is determined by the general assembly.
(2) For fiscal years 2022 and 2023, a city, local, exempted village, or joint vocational school district's "phase-in percentage for disadvantaged pupil impact aid" is equal to the percentage for that fiscal year that is determined by the general assembly.
(Y) "Pilot project scholarship unit" means a unit that consists of all of the students for whom pilot project scholarships are awarded under sections 3313.974 to 3313.979 of the Revised Code.
(Z) "Preschool child with a disability" means a child with a disability, as defined in section 3323.01 of the Revised Code, who is at least age three but is not of compulsory school age, as defined in section 3321.01 of the Revised Code, and who is not currently enrolled in kindergarten.
(AA) "Related services" includes:
(1) Child study, special education supervisors and coordinators, speech and hearing services, adaptive physical development services, occupational or physical therapy, teacher assistants for children with disabilities whose disabilities are described in division (B) of section 3317.013 or division (G)(3) of this section, behavioral intervention, interpreter services, work study, nursing services, and specialized integrative services as those terms are defined by the department;
(2) Speech and language services provided to any student with a disability, including any student whose primary or only disability is a speech and language disability;
(3) Any related service not specifically covered by other state funds but specified in federal law, including but not limited to, audiology and school psychological services;
(4) Any service included in units funded under former division (O)(1) of section 3317.024 of the Revised Code;
(5) Any other related service needed by children with disabilities in accordance with their individualized education programs.
(BB) "School district," unless otherwise specified, means city, local, and exempted village school districts.
(CC) "Separately educated student with a disability" has the same meaning as in section 3313.974 of the Revised Code.
(DD) "State education aid" has the same meaning as in section 5751.20 of the Revised Code.
(EE)(1) "State share percentage" means the following for a city, local, or exempted village school district:
(a) For fiscal years 2022 and 2023, the state share percentage calculated under section 3317.017 of the Revised Code;
(b) For fiscal year 2024 and each fiscal year thereafter, a percentage calculated in a manner determined by the general assembly.
(2) "State share percentage" means the following for a joint vocational school district:
(a) For fiscal years 2022 and 2023, the percentage calculated in accordance with the following formula:
The amount computed for the district under division (A)(1) of section 3317.16 of the Revised Code for that fiscal year / the aggregate base cost calculated for the district for that fiscal year under section 3317.012 of the Revised Code
(b) For fiscal year 2024 and each fiscal year thereafter, a percentage calculated in a manner determined by the general assembly.
(FF) "Statewide average base cost per pupil" means the following:
(1) For fiscal years 2022 and 2023, the statewide average base cost per pupil calculated under division (A) of section 3317.018 of the Revised Code;
(2) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(GG) "Statewide average career-technical base cost per pupil" means the following:
(1) For fiscal years 2022 and 2023, the statewide average career-technical base cost per pupil calculated under division (B) of section 3317.018 of the Revised Code;
(2) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(HH) "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(II) "Taxes charged and payable" means the taxes charged and payable against real and public utility property after making the reduction required by section 319.301 of the Revised Code, plus the taxes levied against tangible personal property.
(JJ) For purposes of sections 3317.017 and 3317.16 of the Revised Code, "three-year average valuation" for a fiscal year means the average of total taxable value for the three most recent tax years for which data is available, as certified under section 3317.021 of the Revised Code.
(KK)
"Total ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code minus the enrollment reported
under divisions (A)(2)(a), (b), (g), (h), and (i) of that section, as
verified by the superintendent
of public instruction department
and
adjusted if so ordered under division (K) of that section.
(LL) "Total special education ADM" means the sum of categories one through six special education ADM.
(MM) "Total taxable value" means the sum of the amounts certified for a city, local, exempted village, or joint vocational school district under divisions (A)(1) and (2) of section 3317.021 of the Revised Code.
(NN) "Tuition discount" means any deduction from the base tuition amount per student charged by a chartered nonpublic school, to which the student's family is entitled due to one or more of the following conditions:
(1) The student's family has multiple children enrolled in the same school.
(2) The student's family is a member of or affiliated with a religious or secular organization that provides oversight of the school or from which the school has agreed to enroll students.
(3) The student's parent is an employee of the school.
(4) Some other qualification not based on the income of the student's family or the student's athletic or academic ability and for which all students in the school may qualify.
Sec. 3317.021. (A) On or before the first day of June of each year, the tax commissioner shall certify to the department of education and workforce and the office of budget and management the information described in divisions (A)(1) to (5) of this section for each city, exempted village, and local school district, and the information required by divisions (A)(1) and (2) of this section for each joint vocational school district, and it shall be used, along with the information certified under division (B) of this section, in making the computations for the district under this chapter.
(1) The taxable value of real and public utility real property in the school district subject to taxation in the preceding tax year, by class and by county of location.
(2) The taxable value of tangible personal property, including public utility personal property, subject to taxation by the district for the preceding tax year.
(3)(a) The total property tax rate and total taxes charged and payable for the current expenses for the preceding tax year and the total property tax rate and the total taxes charged and payable to a joint vocational district for the preceding tax year that are limited to or to the extent apportioned to current expenses.
(b) The portion of the amount of taxes charged and payable reported for each city, local, and exempted village school district under division (A)(3)(a) of this section attributable to a joint vocational school district.
(4) The value of all real and public utility real property in the school district exempted from taxation minus both of the following:
(a) The value of real and public utility real property in the district owned by the United States government and used exclusively for a public purpose;
(b) The value of real and public utility real property in the district exempted from taxation under Chapter 725. or 1728. or section 3735.67, 5709.40, 5709.41, 5709.45, 5709.57, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the Revised Code.
(5) The total federal adjusted gross income of the residents of the school district, based on tax returns filed by the residents of the district, for the most recent year for which this information is available, and the median Ohio adjusted gross income of the residents of the school district determined on the basis of tax returns filed for the second preceding tax year by the residents of the district.
(6) For fiscal years 2022 and 2023, the number of state tax returns filed by the residents of the district for the most recent year for which this information is available.
(B) On or before the first day of May each year, the tax commissioner shall certify to the department of education and workforce and the office of budget and management the total taxable real property value of railroads and, separately, the total taxable tangible personal property value of all public utilities for the preceding tax year, by school district and by county of location.
(C) If on the basis of the information certified under division (A) of this section, the department determines that any district fails in any year to meet the qualification requirement specified in division (A) of section 3317.01 of the Revised Code, the department shall immediately request the tax commissioner to determine the extent to which any school district income tax levied by the district under Chapter 5748. of the Revised Code shall be included in meeting that requirement. Within five days of receiving such a request from the department, the tax commissioner shall make the determination required by this division and report the quotient obtained under division (C)(3) of this section to the department and the office of budget and management. This quotient represents the number of mills that the department shall include in determining whether the district meets the qualification requirement of division (A) of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required by this division as follows:
(1) Multiply one mill times the total taxable value of the district as determined in divisions (A)(1) and (2) of this section;
(2) Estimate the total amount of tax liability for the current tax year under taxes levied by Chapter 5748. of the Revised Code that are apportioned to current operating expenses of the district, excluding any income tax receipts allocated for the project cost, debt service, or maintenance set-aside associated with a state-assisted classroom facilities project as authorized by section 3318.052 of the Revised Code;
(3) Divide the amount estimated under division (C)(2) of this section by the product obtained under division (C)(1) of this section.
Sec. 3317.022. The department of education and workforce shall compute and distribute state core foundation funding to each eligible funding unit that is a city, local, or exempted village school district, the community and STEM school unit, the educational choice scholarship unit, the pilot project scholarship unit, the autism scholarship unit, and the Jon Peterson special needs scholarship unit for the fiscal year, using the information obtained under section 3317.021 of the Revised Code in the calendar year in which the fiscal year begins in accordance with the following:
For fiscal years 2022 and 2023, for a funding unit that is a city, local, or exempted village school district:
The district's funding base + [(the district's state core foundation funding components for that fiscal year calculated under divisions (A)(1), (2), (3), (5), (6), (7), and (8) of this section - the district's general funding base calculated in accordance with division (N)(1) of section 3317.02 of the Revised Code) X the district's general phase-in percentage for that fiscal year] + [(the district's disadvantaged pupil impact aid for that fiscal year calculated under division (A)(4) of this section – the district's disadvantaged pupil impact aid funding base calculated in accordance with division (N)(2) of section 3317.02 of the Revised Code) X the district's phase-in percentage for disadvantaged pupil impact aid for that fiscal year] + the district's supplemental targeted assistance funds calculated under section 3317.0218 of the Revised Code
For fiscal year 2024 and each fiscal year thereafter, for a funding unit that is a city, local, or exempted village school district, the sum of the district's state core foundation funding components for that fiscal year calculated under divisions (A)(1), (2), (3), (4), (5), (6), (7), and (8) of this section and the district's supplemental targeted assistance funds calculated under section 3317.0218 of the Revised Code, if the general assembly authorizes such payments to these funding units.
For fiscal years 2022 and 2023, for the community and STEM school unit, an amount calculated in accordance with section 3317.026 of the Revised Code.
For fiscal years 2024 and each fiscal year thereafter, for the community and STEM school unit, an amount calculated in accordance with divisions (A)(1), (3), (4), (5), (7), (8), and (9) of this section, if the general assembly authorizes such payments to these funding units.
For the educational choice scholarship unit, the amount calculated under division (A)(10) of this section.
For the pilot project scholarship unit, the amount calculated under division (A)(11) of this section.
For the autism scholarship unit, the amount calculated under division (A)(12) of this section.
For the Jon Peterson special needs scholarship unit, the amount calculated under division (A)(13) of this section.
(A) A funding unit's state core foundation funding components shall be the following:
(1)(a) If the funding unit is a city, local, or exempted village school district, the district's state share, which is equal to the following:
(i) For fiscal years 2022 and 2023, the amount calculated under division (B) of section 3317.017 of the Revised Code;
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(b) If the funding unit is the community and STEM school unit, the aggregate base cost for all schools in that unit, which is equal to the following:
(i) For fiscal years 2022 and 2023, the amount calculated under section 3317.0110 of the Revised Code;
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(2) If the funding unit is a city, local, or exempted village school district, targeted assistance funds equal to the following:
(a) For fiscal years 2022 and 2023, an amount calculated under section 3317.0217 of the Revised Code;
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(3) If the funding unit is a city, local, or exempted village school district or the community and STEM school unit, additional state aid for special education and related services provided under Chapter 3323. of the Revised Code calculated as follows:
(a) For fiscal years 2022 and 2023, the sum of the following:
(i) The funding unit's category one special education ADM X the multiple specified in division (A) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(ii) The funding unit's category two special education ADM X the multiple specified in division (B) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(iii) The funding unit's category three special education ADM X the multiple specified in division (C) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(iv) The funding unit's category four special education ADM X the multiple specified in division (D) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(v) The funding unit's category five special education ADM X the multiple specified in division (E) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(vi) The funding unit's category six special education ADM X the multiple specified in division (F) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage.
(b) For fiscal year 2024 and each fiscal year thereafter, the sum of the following:
(i) An amount calculated in a manner determined by the general assembly times the funding unit's category one special education ADM;
(ii) An amount calculated in a manner determined by the general assembly times the funding unit's category two special education ADM;
(iii) An amount calculated in a manner determined by the general assembly times the funding unit's category three special education ADM;
(iv) An amount calculated in a manner determined by the general assembly times the funding unit's category four special education ADM;
(v) An amount calculated in a manner determined by the general assembly times the funding unit's category five special education ADM;
(vi) An amount calculated in a manner determined by the general assembly times the funding unit's category six special education ADM.
(4) If the funding unit is a city, local, or exempted village school district or the community and STEM school unit, disadvantaged pupil impact aid calculated according to the following formula:
(a) If the funding unit is a city, local, or exempted village school district, an amount equal to the following:
(i) For fiscal years 2022 and 2023, the following product:
$422 X (the district's economically disadvantaged index) X the number of students who are economically disadvantaged as certified under division (B)(21) of section 3317.03 of the Revised Code
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(b) If the funding unit is the community and STEM school unit, an amount equal to the following:
(i) For fiscal years 2022 and 2023, an amount calculated as follows:
(I) For each student in the funding unit's enrolled ADM who is economically disadvantaged and is not enrolled in an internet- or computer-based community school, multiply $422 by the economically disadvantaged index of the school in which the student is enrolled;
(II) Compute the funding unit's disadvantaged pupil impact aid by calculating the sum of the amounts determined under division (A)(4)(b)(i)(I) of this section.
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated as follows:
(I) For each student in the funding unit's enrolled ADM who is economically disadvantaged and is not enrolled in an internet- or computer-based community school, calculate an amount in the manner determined by the general assembly;
(II) Compute the funding unit's disadvantaged pupil impact aid by calculating the sum of the amounts determined under division (A)(4)(b)(ii)(I) of this section.
(5) If the funding unit is a city, local, or exempted village school district or the community and STEM school unit, English learner funds calculated as follows:
(a) For fiscal years 2022 and 2023, the sum of the following:
(i) The funding unit's category one English learner ADM X the multiple specified in division (A) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(ii) The funding unit's category two English learner ADM X the multiple specified in division (B) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage;
(iii) The funding unit's category three English learner ADM X the multiple specified in division (C) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X if the funding unit is a city, local, or exempted village school district, the district's state share percentage.
(b) For fiscal year 2024 and each fiscal year thereafter, the sum of the following:
(i) An amount calculated in a manner determined by the general assembly times the funding unit's category one English learner ADM;
(ii) An amount calculated in a manner determined by the general assembly times the funding unit's category two English learner ADM;
(iii) An amount calculated in a manner determined by the general assembly times the funding unit's category three English learner ADM.
(6)(a) For fiscal years 2022 and 2023, if the funding unit is a city, local, or exempted village school district, all of the following:
(i) Gifted identification funds calculated according to the following formula:
$24 X the district's enrolled ADM for grades kindergarten through six X the district's state share percentage
(ii) Gifted referral funds calculated according to the following formula:
$2.50 X the district's enrolled ADM X the district's state share percentage
(iii) Gifted professional development funds calculated according to the following formula:
(The greater of the number of gifted students enrolled in the district as certified under division (B)(22) of section 3317.03 of the Revised Code and ten per cent of the district's enrolled ADM) X the district's state share percentage X $7, for fiscal year 2022, or $14, for fiscal year 2023
(iv) Gifted unit funding calculated under section 3317.051 of the Revised Code.
(b) For fiscal year 2024 and each fiscal year thereafter, all of the following:
(i) Gifted identification funds calculated in a manner determined by the general assembly;
(ii) Gifted referral funds calculated in a manner determined by the general assembly, if the general assembly authorizes such a payment;
(iii) Gifted professional development funds calculated in a manner determined by the general assembly, if the general assembly authorizes such a payment;
(iv) Gifted unit funding calculated in an amount determined by the general assembly.
(7) If the funding unit is a city, local, or exempted village school district or the community and STEM school unit, career-technical education funds calculated under division (C) of section 3317.014 of the Revised Code.
(8) If the funding unit is a city, local, or exempted village school district or the community and STEM school unit, career-technical education associated services funds calculated under division (D) of section 3317.014 of the Revised Code.
(9) If the funding unit is the community and STEM school unit, an amount calculated as follows:
(a) For fiscal years 2022 and 2023, an amount equal to the following:
[The number of students in the funding unit's enrolled ADM who are reported under division (B)(5) of section 3314.08 of the Revised Code X (the aggregate base cost calculated for all schools in the funding unit for that fiscal year under section 3317.0110 of the Revised Code / the funding unit's enrolled ADM) X.20]
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(10) If the funding unit is the educational choice scholarship unit, an amount calculated as follows:
(a) For each student in the funding unit's enrolled ADM, determine the lesser of the following:
(i) The base tuition of the chartered nonpublic school in which the student is enrolled minus the total amount of any applicable tuition discounts for which the student qualifies;
(ii) $5,500, if the student is in grades kindergarten through eight, or $7,500, if the student is in grades nine through twelve.
The amounts specified in division (A)(10)(a)(ii) of this section shall increase in future fiscal years by the same percentage that the statewide average base cost per pupil increases in future fiscal years.
(b) Compute the sum of the amounts calculated under division (A)(10)(a) of this section.
(11) If the funding unit is the pilot project scholarship unit, an amount calculated as follows:
(a) For each student in the funding unit's enrolled ADM, determine the lesser of the following:
(i) The net tuition charges of the student's alternative school;
(ii) $5,500, if the student is in grades kindergarten through eight, or $7,500, if the student is in grades nine through twelve.
The amounts specified in division (A)(11)(a)(ii) of this section shall increase in future fiscal years by the same percentage that the statewide average base cost per pupil increases in future fiscal years.
For purposes of division (A)(11)(a) of this section, the net tuition and fees charged to a student shall be the tuition amount specified by the alternative school minus all other financial aid, discounts, and adjustments received for the student. In cases where discounts are offered for multiple students from the same family, and not all students in the same family are scholarship recipients, the net tuition amount attributable to the scholarship recipient shall be the lowest net tuition to which the family is entitled.
The department shall provide for an increase in the amount determined for any student who is an LRE student with a disability and shall further increase such amount in the case of any separately educated student with a disability, as that term is defined in section 3313.974 of the Revised Code. Such increases shall take into account the instruction, related services, and transportation costs of educating such students.
(b) Compute the sum of the amounts calculated under division (A)(17)(a) of this section.
(12) If the funding unit is the autism scholarship unit, an amount calculated as follows:
(a) For each student in the funding unit's enrolled ADM, determine the lesser of the following:
(i) The tuition charged for the student's special education program, as that term is defined in section 3310.41 of the Revised Code;
(ii) $31,500, for fiscal year 2022, and $32,445, for fiscal year 2023 and each fiscal year thereafter.
(b) Compute the sum of the amounts calculated under division (A)(12)(a) of this section.
(13) If the funding unit is the Jon Peterson special needs scholarship unit, an amount calculated as follows:
(a) For each student in the funding unit's enrolled ADM, determine the least of the following:
(i) The amount of fees charged for that school year by the student's alternative public provider or registered private provider, as those terms are defined in section 3310.51 of the Revised Code;
(ii) $6,217, for fiscal year 2022, and $6,414, for fiscal year 2023, plus an amount determined as follows:
(I) If the student is receiving special education services for a disability specified in division (A) of section 3317.013 of the Revised Code, $1,514, for fiscal year 2022, and $1,562, for fiscal year 2023;
(II) If the student is receiving special education services for a disability specified in division (B) of section 3317.013 of the Revised Code, $3,841, for fiscal year 2022, and $3,963, for fiscal year 2023;
(III) If the student is receiving special education services for a disability specified in division (C) of section 3317.013 of the Revised Code, $9,465, for fiscal year 2022, and $9,522, for fiscal year 2023;
(IV) If the student is receiving special education services for a disability specified in division (D) of section 3317.013 of the Revised Code, $12,644, for fiscal year 2022, and $12,707, for fiscal year 2023;
(V) If the student is receiving special education services for a disability specified in division (E) of section 3317.013 of the Revised Code, $17,193, for fiscal year 2022, and $17,209, for fiscal year 2023;
(VI) If the student is receiving special education services for a disability specified in division (F) of section 3317.013 of the Revised Code, $24,591, for fiscal year 2022, and $25,370, for fiscal year 2023.
(iii) $27,000.
The amount specified for fiscal year 2023 in division (A)(13)(a)(ii) of this section shall increase in future fiscal years by the same percentage that the statewide average base cost per pupil increases in future fiscal years.
The amounts specified for fiscal year 2023 in divisions (A)(13)(a)(ii)(I) to (VI) of this section shall increase in future fiscal years by the same percentage that the amounts calculated by the general assembly for those categories of special education services under division (A)(3) of this section increase in future fiscal years.
(b) Compute the sum of the amounts calculated under division (A)(13)(a) of this section.
(B) In any fiscal year, a funding unit that is a city, local, or exempted village school district shall spend for purposes that the department designates as approved for special education and related services expenses at least the amount calculated as follows:
(The base cost per pupil calculated for the district for that fiscal year X the total special education ADM) + (the district's category one special education ADM X the multiple specified in division (A) of section 3317.013 of the Revised Code X the statewide average base cost per pupil) + (the district's category two special education ADM X the multiple specified in division (B) of section 3317.013 of the Revised Code X the statewide average base cost per pupil) + (the district's category three special education ADM X the multiple specified in division (C) of section 3317.013 of the Revised Code X the statewide average base cost per pupil) + (the district's category four special education ADM X the multiple specified in division (D) of section 3317.013 of the Revised Code X the statewide average base cost per pupil) + (the district's category five special education ADM X the multiple specified in division (E) of section 3317.013 of the Revised Code X the statewide average base cost per pupil) + (the district's category six special education ADM X the multiple specified in division (F) of section 3317.013 of the Revised Code X the statewide average base cost per pupil)
The purposes approved by the department for special education expenses shall include, but shall not be limited to, identification of children with disabilities, compliance with state rules governing the education of children with disabilities and prescribing the continuum of program options for children with disabilities, provision of speech language pathology services, and the portion of the school district's overall administrative and overhead costs that are attributable to the district's special education student population.
(C) A funding unit that is a city, local, or exempted village school district shall spend the funds it receives under division (A)(4) of this section in accordance with section 3317.25 of the Revised Code.
(D)(1) Except as provided in division (B) of section 3317.026 of the Revised Code, the department shall distribute to each community school established under Chapter 3314. of the Revised Code and to each STEM school established under Chapter 3326. of the Revised Code, from the funds paid to the community and STEM school unit under this section, an amount for each student enrolled in the school equal to the sum of the following:
(a) The school's base cost per pupil for that fiscal year, calculated as follows:
(i) For fiscal years 2022 and 2023:
The aggregate base cost calculated for the school for that fiscal year under section 3317.0110 of the Revised Code / the number of students enrolled in the school for that fiscal year
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount determined by the general assembly under division (A)(1)(b)(ii) of this section divided by the number of students enrolled in the school for that fiscal year.
(b) If the student is a special education student:
(i) For fiscal years 2022 and 2023, the multiple specified for the student's special education category under section 3317.013 of the Revised Code times the statewide average base cost per pupil;
(ii) For fiscal year 2024 and each fiscal year thereafter, the amount calculated for the student's special education category in a manner determined by the general assembly under division (A)(3)(b) of this section.
(c) If the school is not an internet- or computer-based community school and the student is economically disadvantaged:
(i) For fiscal years 2022 and 2023, the amount calculated for the student under division (A)(4)(b)(i)(I) of this section;
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated for the student in the manner determined by the general assembly under division (A)(4)(b)(ii)(I) of this section.
(d) If the school is not an internet- or computer-based community school and the student is an English learner:
(i) For fiscal years 2022 and 2023, the multiple specified for the student's English learner category under section 3317.016 of the Revised Code times the statewide average base cost per pupil;
(ii) For fiscal year 2024 and each fiscal year thereafter, the amount calculated for the student's special education category in a manner determined by the general assembly under division (A)(5)(b) of this section.
(e) If the student is a career-technical education student:
(i) For fiscal years 2022 and 2023, the multiple specified for the student's career-technical education category under section 3317.014 of the Revised Code times the statewide average career-technical base cost per pupil;
(ii) For fiscal year 2024 and each fiscal year thereafter, the amount calculated for the student's career-technical education category in a manner determined by the general assembly under section 3317.014 of the Revised Code.
(f) If the student is a career-technical education student:
(i) For fiscal years 2022 and 2023, the multiple for career-technical associated services specified under section 3317.014 of the Revised Code times the statewide average career-technical base cost per pupil;
(ii) For fiscal year 2024 and each fiscal year thereafter, the amount calculated for career-technical associated services in a manner determined by the general assembly under section 3317.014 of the Revised Code.
(2) The department shall distribute to each community school established under Chapter 3314. of the Revised Code and to each STEM school established under Chapter 3326. of the Revised Code, from the funds paid to the community and STEM school unit under this section, an amount equal to the amount calculated for the school under division (A)(9) of this section.
(E) The department shall distribute to the parent of each student for whom an educational choice scholarship is awarded under section 3310.03 or 3310.032 of the Revised Code, or to the student if at least eighteen years of age, from the funds paid to the educational choice scholarship unit under this section, a scholarship equal to the amount calculated for the student under division (A)(10)(a) of this section. The scholarship shall be distributed in monthly partial payments, and the department shall proportionately reduce or terminate the payments for any student who withdraws from a chartered nonpublic school prior to the end of the school year.
For purposes of divisions (E) and (F) of this section, in the case of a student who is not living with the student's parent, the department shall distribute the scholarship payments to the student's guardian, legal custodian, kinship caregiver, foster caregiver, or caretaker. For the purposes of this division, "caretaker" has the same meaning as in section 3310.033 of the Revised Code, "kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code, and "foster caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(F) If a student is awarded a pilot project scholarship under sections 3313.974 to 3313.979 of the Revised Code, the department shall distribute to the parent of the student, if the student is attending a registered private school as defined in section 3313.974 of the Revised Code, or the student's school district of attendance, if the scholarship is to be used for payments to a public school in a school district adjacent to the pilot project school district pursuant to section 3327.06 of the Revised Code, a scholarship from the funds paid to the pilot project scholarship unit under this section that is equal to the amount calculated for the student under division (A)(11)(a) of this section.
In the case of a scholarship distributed to a student's parent, the scholarship shall be distributed in monthly partial payments. The scholarship amount shall be proportionately reduced in the case of any such student who is not enrolled in a registered private school, as that term is defined in section 3313.974 of the Revised Code, for the entire school year.
In the case of a scholarship distributed to a student's school district of attendance, the department shall, on behalf of the student's parents, use the scholarship to make the tuition payments required by section 3327.06 of the Revised Code to the student's school district of attendance, except that, notwithstanding sections 3323.13, 3323.14, and 3327.06 of the Revised Code, the total payments in any school year shall not exceed the scholarship amount calculated for the student under division (A)(11)(a) of this section.
(G) The department shall distribute to the parent of each student for whom an autism scholarship is awarded under section 3310.41 of the Revised Code, from the funds paid to the autism scholarship unit under this section, a scholarship equal to the amount calculated for the student under division (A)(12)(a) of this section. The scholarship shall be distributed from time to time in partial payments. The scholarship amount shall be proportionately reduced in the case of any student who is not enrolled in the special education program for which a scholarship was awarded under section 3310.41 of the Revised Code for the entire school year. The department shall make no payments to the parent of a student while any administrative or judicial mediation or proceedings with respect to the content of the student's individualized education program are pending.
(H) The department shall distribute to the parent of each student for whom a Jon Peterson special needs scholarship is awarded under sections 3310.51 to 3310.64 of the Revised Code, from the funds paid to the Jon Peterson special needs scholarship unit under this section, a scholarship equal to the amount calculated for the student under division (A)(13)(a) of this section. The scholarship shall be distributed in periodic payments, and the department shall proportionately reduce or terminate the payments for any student who is not enrolled in the special education program of an alternative public provider or a registered private provider, as those terms are defined in section 3310.51 of the Revised Code, for the entire school year.
(I) For fiscal years 2022 and 2023, a school district shall spend the funds it receives under division (A)(5) of this section only for services for English learners.
(J) For fiscal years 2022 and 2023, a school district shall spend the funds it receives under division (A)(6) of this section only for the identification of gifted students, gifted coordinator services, gifted intervention specialist services, other service providers approved by the department of education and workforce, and gifted professional development. For fiscal years 2022 and 2023, if the department determines that a district is not in compliance with this division, it shall reduce the district's payments for that fiscal year under this chapter by an amount equal to the amount paid to the district for that fiscal year under division (A)(6) of this section that was not spent in accordance with this division.
Sec. 3317.023. (A) The amounts required to be paid to a district under this chapter shall be adjusted by the amount of the computations made under divisions (B) to (K) of this section.
As used in this section:
(1) "Career-technical planning district" or "CTPD" means a school district or group of school districts designated by the department of education and workforce as being responsible for the planning for and provision of career-technical education services to students within the district or group. A community school established under Chapter 3314. of the Revised Code or a STEM school established under Chapter 3326. of the Revised Code that is serving students in any of grades seven through twelve shall be assigned to a career-technical planning district by the department.
(2) "Lead district" means a school district, including a joint vocational school district, designated by the department as a CTPD, or designated to provide primary career-technical education leadership within a CTPD composed of a group of districts, community schools assigned to the CTPD, and STEM schools assigned to the CTPD.
(B) If a local, city, or exempted village school district to which a governing board of an educational service center provides services pursuant to an agreement entered into under section 3313.843 of the Revised Code, deduct the amount of the payment required for the reimbursement of the governing board under that section.
(C)(1)
If the district is required to pay to or entitled to receive tuition
from another school district under division (C)(2) or (3) of section
3313.64 or section 3313.65 of the Revised Code, or if the
superintendent
of public instruction department
is
required to determine the correct amount of tuition and make a
deduction or credit under section 3317.08 of the Revised Code, deduct
and credit such amounts as provided in division (J) of section
3313.64 or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible for tuition or payment under division (A)(1) of section 3317.082 or section 3323.091 of the Revised Code, deduct the amount of tuition or payment for which the district is responsible.
(D)
If the district has been certified by the superintendent
of public instruction department
under
section 3313.90 of the Revised Code as not in compliance with the
requirements of that section, deduct an amount equal to ten per cent
of the amount computed for the district under this chapter.
(E)
If the district has received a loan from a commercial lending
institution for which payments are made by
the superintendent of public instruction pursuant
to division (E)(3) of section 3313.483 of the Revised Code, deduct an
amount equal to such payments.
(F)(1) If the district is a party to an agreement entered into under division (D), (E), or (F) of section 3311.06 or division (B) of section 3311.24 of the Revised Code and is obligated to make payments to another district under such an agreement, deduct an amount equal to such payments if the district school board notifies the department in writing that it wishes to have such payments deducted.
(2) If the district is entitled to receive payments from another district that has notified the department to deduct such payments under division (F)(1) of this section, add the amount of such payments.
(G) If the district is required to pay an amount of funds to a cooperative education district pursuant to a provision described by division (B)(4) of section 3311.52 or division (B)(8) of section 3311.521 of the Revised Code, deduct such amounts as provided under that provision and credit those amounts to the cooperative education district for payment to the district under division (B)(1) of section 3317.19 of the Revised Code.
(H)(1) If a district is educating a student entitled to attend school in another district pursuant to a shared education contract, compact, or cooperative education agreement other than an agreement entered into pursuant to section 3313.842 of the Revised Code, credit to that educating district on an FTE basis both of the following:
(a) An amount equal to the statewide average base cost per pupil.
(b) Any amount applicable to the student pursuant to section 3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (H)(1) of this section from amounts paid to the school district in which the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code.
(3) If the district is required by a shared education contract, compact, or cooperative education agreement to make payments to an educational service center, deduct the amounts from payments to the district and add them to the amounts paid to the service center.
(I)(1) If a district, including a joint vocational school district, is a lead district of a CTPD, credit to that district the amount calculated for each school district within that CTPD under divisions (D) and (E) of section 3317.014 of the Revised Code and for each community school and STEM school assigned to the CTPD under divisions (D) and (E) of section 3317.014 of the Revised Code.
(2) Deduct from each appropriate district that is not a lead district, or from the appropriate community school or STEM school, the amount attributable to that district or school that is credited to a lead district under division (I)(1) of this section.
(J) If the department pays a joint vocational school district under division (C)(3) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a student with a disability, as calculated under division (C)(1) of that section, the department shall deduct the amount of that payment from the city, local, or exempted village school district that is responsible as specified in that section for the excess costs.
(K)(1) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall pay that amount to the district.
(2) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall deduct that amount from the district of residence of that child.
Sec.
3317.024. The
following shall be distributed monthly, quarterly, or annually as may
be determined by the state
board department
of
education
and
workforce:
(A)
An amount for each island school district and each joint state school
district for the operation of each high school and each elementary
school maintained within such district and for capital improvements
for such schools. Such amounts shall be determined on the basis of
standards adopted by the
state
board of education
department.
However, for fiscal years 2012 and 2013, an island district shall
receive the lesser of its actual cost of operation, as certified to
the department
of
education,
or ninety-three per cent of the amount the district received in state
operating funding for fiscal year 2011. If an island district
received no funding for fiscal year 2011, it shall receive no funding
for either of fiscal year 2012 or 2013.
(B) An amount for each school district required to pay tuition for a child in an institution maintained by the department of youth services pursuant to section 3317.082 of the Revised Code, provided the child was not included in the calculation of the district's formula ADM, as that term is defined in section 3317.02 of the Revised Code, for the preceding school year.
(C)(1) An amount for the approved cost of transporting eligible pupils with disabilities attending a special education program approved by the department of education and workforce whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by the school district or educational service center. For fiscal years 2022 and 2023, this amount shall be equal to the actual costs incurred in the prior fiscal year by the district or service center when transporting those students, as reported to the department, multiplied by one of the following:
(a) For a district, the percentage determined for the district for that fiscal year under divisions (E)(1)(c)(i) and (ii) of section 3317.0212 of the Revised Code;
(b) For a service center, twenty-nine and one-sixth per cent for fiscal year 2022 and thirty-three and one-third per cent for fiscal year 2023.
(2) No district or service center is eligible to receive a payment under division (C) of this section for the cost of transporting any pupil whom it transports by regular school bus and who is included in the district's transportation ADM.
(3) For fiscal years 2022 and 2023, both of the following apply:
(a)
The state
board department
of education and workforce shall
also establish the deadline for each district and service center to
report its actual costs for transporting students described in
division (C)(1) of this section.
(b) The costs reported by each district and service center under division (C) of this section shall be subject to periodic, random audits by the department of education and workforce.
(D)
An amount to each school district, including each cooperative
education school district, pursuant to section 3313.81 of the Revised
Code to assist in providing free lunches to needy children. The
amounts shall be determined on the basis of rules adopted by the
state
board department
of
education
and
workforce.
(E)(1) An amount for auxiliary services to each school district, for each pupil attending a chartered nonpublic elementary or high school within the district that has not elected to receive funds under division (E)(2) of this section.
(2)(a) An amount for auxiliary services paid directly to each chartered nonpublic school that has elected to receive funds under division (E)(2) of this section for each pupil attending the school. To elect to receive funds under division (E)(2) of this section, a school, by the first day of April of each odd-numbered year, shall notify the department of education and workforce and the school district in which the school is located of the election and shall submit to the department an affidavit certifying that the school shall expend the funds in the manner outlined in section 3317.062 of the Revised Code. The election shall take effect the following first day of July. The school subsequently may rescind its election, but it may do so only in an odd-numbered year by notifying the department and the school district in which the school is located of the rescission not later than the first day of April of that year. Beginning the following first day of July after the rescission, the school shall receive funds under division (E)(1) of this section.
(b) A chartered nonpublic school that elects to receive auxiliary services funds under division (E)(2) of this section may designate an organization that oversees one or more nonpublic schools to receive those funds on its behalf.
(i) Each chartered nonpublic school that designates an organization to receive auxiliary services funds on its behalf shall notify the department of education and workforce of the organization's name not later than the first day of April of each odd-numbered year.
(ii) A school may rescind its decision, but may do so only in each odd-numbered year by notifying the department of that rescission not later than the first day of April of that year. A rescission submitted in compliance with this division takes effect on the following first day of July, and the school district may elect to then begin receiving auxiliary services funds directly or as specified under division (E)(1) of this section.
(iii) An organization shall disburse the auxiliary services funds of all chartered nonpublic schools that have designated the organization to receive funds on their behalf in accordance with division (E)(2)(b) of this section. If multiple chartered nonpublic schools designate the same organization to receive auxiliary services funds on their behalf, that organization may use one or more accounts for the purposes of managing the funds. The organization shall maintain appropriate accounting and reporting standards and ensure that each chartered nonpublic school receives the auxiliary services funds to which the school is entitled.
(iv) Each chartered nonpublic school that elects to receive funds directly in accordance with division (E)(2) of this section or the organization designated to receive and disburse auxiliary services funds on behalf of a chartered nonpublic school shall maintain records of receipt and expenditures of the funds in a manner that conforms with generally accepted accounting principles.
(v) The department of education and workforce shall create and disseminate a standardized reporting form that chartered nonpublic schools and organizations designated to receive funds in accordance with division (E)(2)(b) of this section may use to comply with division (E)(2)(b)(iv) of this section. However, the department shall not require schools to use that form.
(vi) An organization that manages a school's auxiliary services funds pursuant to a designation made in accordance with division (E)(2)(b) of this section may require the school's governing authority to pay a fee for that service that does not exceed four per cent of the total amount of payments for auxiliary services that the school receives from the state. A school may pay any fee assessed pursuant to division (E)(2)(b)(vi) of this section using auxiliary services funds.
(c) The amount paid under divisions (E)(1) and (2) of this section shall equal the total amount appropriated for the implementation of sections 3317.06 and 3317.062 of the Revised Code divided by the average daily membership in grades kindergarten through twelve in chartered nonpublic elementary and high schools within the state as determined as of the last day of October of each school year.
(F) An amount for each county board of developmental disabilities for the approved cost of transportation required for children attending special education programs operated by the county board under section 3323.09 of the Revised Code. For fiscal years 2022 and 2023, this amount shall be equal to the actual costs incurred in the prior fiscal year by the county board when transporting those students multiplied by twenty-nine and one-sixth per cent for fiscal year 2022 and thirty-three and one-third per cent for fiscal year 2023.
(G) An amount to each institution defined under section 3317.082 of the Revised Code providing elementary or secondary education to children other than children receiving special education under section 3323.091 of the Revised Code. This amount for any institution in any fiscal year shall equal the total of all tuition amounts required to be paid to the institution under division (A)(1) of section 3317.082 of the Revised Code.
The
state
board department
of
education
and
workforce
or
any other
board
of education or governing board may provide for any resident of a
district or educational service center territory any educational
service for which funds are made available to the board by the United
States under the authority of public law, whether such funds come
directly or indirectly from the United States or any agency or
department thereof or through the state or any agency, department, or
political subdivision thereof.
Sec. 3317.025. On or before the first day of June of each year, the tax commissioner shall certify the following information to the department of education and workforce and the office of budget and management, for each school district in which the value of the property described under division (A) of this section exceeds one per cent of the taxable value of all real and tangible personal property in the district or in which is located tangible personal property designed for use or used in strip mining operations, whose taxable value exceeds five million dollars, and the taxes upon which the district is precluded from collecting by virtue of legal proceedings to determine the value of such property:
(A) The total taxable value of all property in the district owned by a public utility or railroad that has filed a petition for reorganization under the "Bankruptcy Act," 47 Stat. 1474 (1898), 11 U.S.C. 205, as amended, and all tangible personal property in the district designed for use or used in strip mining operations whose taxable value exceeds five million dollars upon which have not been paid in full on or before the first day of April of that calendar year all real and tangible personal property taxes levied for the preceding calendar year and which the district was precluded from collecting by virtue of proceedings under section 205 of said act or by virtue of legal proceedings to determine the tax liability of such strip mining equipment;
(B) The percentage of the total operating taxes charged and payable for school district purposes levied against such valuation for the preceding calendar year that have not been paid by such date;
(C) The product obtained by multiplying the value certified under division (A) of this section by the percentage certified under division (B) of this section. If the value certified under division (A) of this section includes taxable property owned by a public utility or railroad that has filed a petition for reorganization under the bankruptcy act, the amount used in making the calculation under this division shall be reduced by one per cent of the total value of all real and tangible personal property in the district or the value of the utility's or railroad's property, whichever is less.
Upon receipt of the certification, the department shall recompute the payments required under this chapter in the manner the payments would have been computed if:
(1) The amount certified under division (C) of this section was not subject to taxation by the district and was not included in the certification made under division (A)(1), (A)(2), or (C) of section 3317.021 of the Revised Code.
(2) The amount of taxes charged and payable and unpaid and used to make the computation under division (B) of this section had not been levied and had not been used in the computation required by division (B) of section 3317.021 of the Revised Code. The department shall pay the district that amount in the ensuing fiscal year in lieu of the amounts computed under this chapter.
If a school district received a grant from the catastrophic expenditures account pursuant to division (C) of section 3316.20 of the Revised Code on the basis of the same circumstances for which a recomputation is made under this section, the amount of the recomputation shall be reduced and transferred in accordance with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.026. This section shall apply only for fiscal years 2022 and 2023.
(A) For each fiscal year, the department of education and workforce shall calculate an amount for the community and STEM school unit as follows:
(1) For each community school and STEM school, determine the sum of the following:
(a) The aggregate base cost calculated for the school for that fiscal year under section 3317.0110 of the Revised Code;
(b) The sum of the following:
(i) The school's category one special education ADM X the multiple specified in division (A) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(ii) The school's category two special education ADM X the multiple specified in division (B) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(iii) The school's category three special education ADM X the multiple specified in division (C) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(iv) The school's category four special education ADM X the multiple specified in division (D) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(v) The school's category five special education ADM X the multiple specified in division (E) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(vi) The school's category six special education ADM X the multiple specified in division (F) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year.
(c) If the school is not an internet- or computer-based community school, an amount of disadvantaged pupil impact aid equal to the following:
$422 X the school's economically disadvantaged index X the number of students in the school's enrolled ADM who are economically disadvantaged
(d) If the school is not an internet- or computer-based community school, the sum of the following:
(i) The school's category one English learner ADM X the multiple specified in division (A) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(ii) The school's category two English learner ADM X the multiple specified in division (B) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year;
(iii) The school's category three English learner ADM X the multiple specified in division (C) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year.
(e) The sum of the following:
(i) The school's category one career-technical education ADM X the multiple specified under division (A)(1) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year;
(ii) The school's category two career-technical education ADM X the multiple specified under division (A)(2) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year;
(iii) The school's category three career-technical education ADM X the multiple specified under division (A)(3) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year;
(iv) The school's category four career-technical education ADM X the multiple specified under division (A)(4) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year;
(v) The school's category five career-technical education ADM X the multiple specified under division (A)(5) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year.
(f) An amount equal to the following:
The multiple for career-technical associated services specified under division (B) of section 3317.014 of the Revised Code X the statewide average career-technical base cost per pupil for that fiscal year X the sum of the school's categories one through five career-technical education ADM
(g) If the school is a community school, an amount equal to the following:
The number of students reported by the community school under division (B)(5) of section 3314.08 of the Revised Code X (the aggregate base cost calculated for the school for that fiscal year under section 3317.0110 of the Revised Code / the school's enrolled ADM) X 0.20
(2) For each community and STEM school, determine the lesser of the following:
(a) The following sum:
The school's funding base + {[(the sum calculated for the school under division (A) of this section) - the school's funding base] X the school's general phase-in percentage for that fiscal year}
(b) The sum of the amounts calculated for the school for that fiscal year under division (A) of this section.
(3) Compute the sum of the amounts determined under division (B) of this section to determine the amount calculated for the community and STEM school unit.
(B) Notwithstanding division (D) of section 3317.022 of the Revised Code, for each fiscal year, the department shall distribute to each community school and each STEM school, from the funds paid to the community and STEM school unit under section 3317.022 of the Revised Code, an amount equal to the amount determined for that school under division (A)(2) of this section.
Sec. 3317.028. (A) On or before May 15, 2007, and the fifteenth day of May in each calendar year thereafter, the tax commissioner shall determine for each school district whether the taxable value of all utility tangible personal property subject to taxation by the district in the preceding tax year was less than the taxable value of such property during the second preceding tax year. If any decrease exceeds ten per cent of the district's tangible personal property taxable value included in the total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, the tax commissioner shall certify all of the following to the department of education and workforce and the office of budget and management:
(1) The district's total taxable value for the preceding tax year;
(2) The change in taxes charged and payable on the district's total taxable value for the preceding tax year and the second preceding tax year;
(3) The taxable value of the utility tangible personal property decrease, which shall be considered a change in valuation;
(4) The change in taxes charged and payable on such change in taxable value calculated in the same manner as in division (A)(3) of section 3317.021 of the Revised Code.
(B)
Upon receipt of a certification specified in this section, the
department
of
education
shall
replace the three-year average valuations that were used in computing
the district's state education aid for the fiscal year that ends in
the current calendar year with the taxable value certified under
division (A)(1) of this section and shall recompute the state
education aid for such fiscal year without applying any funding
limitations enacted by the general assembly to the computation, if
applicable. The department shall pay to the district an amount equal
to the lesser of the following:
(1) The positive difference between the district's state education aid prior to the recomputation under this section and the district's recomputed state education aid;
(2) The absolute value of the amount certified under division (A)(2) of this section.
The
payment date shall be determined by the director of budget and
management. The director shall select a payment date that is not
earlier than the first day of June of the current fiscal year and not
later than the thirty-first day of July of the following fiscal year.
The department of
education shall
not pay the district under this section prior to approval by the
director of budget and management to make that payment.
(C) If a school district received a grant from the catastrophic expenditures account pursuant to division (C) of section 3316.20 of the Revised Code on the basis of the same circumstances for which a recomputation is made under this section, the amount of the recomputation shall be reduced and transferred in accordance with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.0211. (A) As used in this section:
(1) "Port authority" means any port authority as defined in section 4582.01 or 4582.21 of the Revised Code.
(2) "Real property" includes public utility real property and "personal property" includes public utility personal property.
(3) "Uncollected taxes" means property taxes charged and payable against the property of a port authority for a tax year that a school district has not collected.
(4) "Basic state aid" means a school district's state education aid.
(5) "Effective value" means the sum of the effective residential/agricultural real property value, the effective nonresidential/agricultural real property value, and the effective personal value.
(6) "Effective residential/agricultural real property value" means, for a tax year, the amount obtained by multiplying the value for that year of residential/agricultural real property subject to taxation in the district by a fraction, the numerator of which is the total taxes charged and payable for that year against the residential/agricultural real property subject to taxation in the district, exclusive of the uncollected taxes for that year on all real property subject to taxation in the district, and the denominator of which is the total taxes charged and payable for that year against the residential/agricultural real property subject to taxation in the district.
(7) "Effective nonresidential/agricultural real property value" means, for a tax year, the amount obtained by multiplying the value for that year of nonresidential/agricultural real property subject to taxation in the district by a fraction, the numerator of which is the total taxes charged and payable for that year against the nonresidential/agricultural real property subject to taxation in the district, exclusive of the uncollected taxes for that year on all real property subject to taxation in the district, and the denominator of which is the total taxes charged and payable for that year against the nonresidential/agricultural real property subject to taxation in the district.
(8) "Effective personal value" means, for a tax year, the amount obtained by multiplying the value for that year certified under division (A)(2) of section 3317.021 of the Revised Code by a fraction, the numerator of which is the total taxes charged and payable for that year against personal property subject to taxation in the district, exclusive of the uncollected taxes for that year on that property, and the denominator of which is the total taxes charged and payable for that year against personal property subject to taxation in the district.
(9) "Nonresidential/agricultural real property value" means, for a tax year, the sum of the values certified for a school district for that year under division (B)(2)(a) of this section, and "residential/agricultural real property value" means, for a tax year, the sum of the values certified for a school district under division (B)(2)(b) of this section.
(10) "Taxes charged and payable against real property" means the taxes charged and payable against that property after making the reduction required by section 319.301 of the Revised Code.
(11) "Total taxes charged and payable" has the same meaning given "taxes charged and payable" in section 3317.02 of the Revised Code.
(B)(1) By the first day of August of any calendar year, a school district shall notify the department of education and workforce if it has any uncollected taxes from one port authority for the second preceding tax year whose taxes charged and payable represent at least one-half of one per cent of the district's total taxes charged and payable for that tax year.
(2) The department shall verify whether the district has such uncollected taxes by the first day of September, and if the district does, shall immediately request the county auditor of each county in which the school district has territory to certify the following information concerning the district's property values and taxes for the second preceding tax year, and each such auditor shall certify that information to the department within thirty days of receiving the request:
(a) The value of the property subject to taxation in the district that was classified as nonresidential/agricultural real property pursuant to section 5713.041 of the Revised Code, and the taxes charged and payable on that property; and
(b) The value of the property subject to taxation in the district that was classified as residential/agricultural real property under section 5713.041 of the Revised Code.
(C) By the fifteenth day of November, the department shall compute the district's effective nonresidential/agricultural real property value, effective residential/agricultural real property value, effective personal value, and effective value, and shall determine whether the school district's effective value for the second preceding tax year is at least one per cent less than its total value for that year certified under divisions (A)(1) and (2) of section 3317.021 of the Revised Code. If it is, the department shall recompute the basic state aid payable to the district for the immediately preceding fiscal year using the effective value in lieu of the amounts previously certified under section 3317.021 of the Revised Code. The difference between the original basic state aid amount computed for the district for the preceding fiscal year and the recomputed amount shall be paid to the district from the lottery profits education fund before the end of the current fiscal year.
(D)
Except as provided in division (E) of this section, amounts received
by a school district under division (C) of this section shall be
repaid to the department of
education in
any future year to the extent the district receives payments of
uncollectable taxes in such future year. The department shall notify
a district of any amount owed under this division.
(E) If a school district received a grant from the catastrophic expenditures account pursuant to division (C) of section 3316.20 of the Revised Code on the basis of the same circumstances for which a recomputation is made under this section, the amount of the recomputation shall be reduced and transferred in accordance with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.0212. (A) As used in this section:
(1) For fiscal years 2022 and 2023, "assigned bus" means a school bus used to transport qualifying riders.
(2) For fiscal years 2022 and 2023, "density" means the total riders per square mile of a school district.
(3) For fiscal years 2022 and 2023, "nontraditional ridership" means the average number of qualifying riders who are enrolled in a community school established under Chapter 3314. of the Revised Code, in a STEM school established under Chapter 3326. of the Revised Code, or in a nonpublic school and are provided school bus service by a school district during the first full week of October.
(4) "Qualifying riders" means the following:
(a) For fiscal years 2022 and 2023, resident students enrolled in preschool and regular education in grades kindergarten to twelve who are provided school bus service by a school district, including students with dual enrollment in a joint vocational school district or a cooperative education school district, and students enrolled in a community school, STEM school, or nonpublic school;
(b) For fiscal year 2024 and each fiscal year thereafter, students specified by the general assembly.
(5) "Qualifying ridership" means the following:
(a) For fiscal years 2022 and 2023, the greater of the average number of qualifying riders counted in the morning or counted in the afternoon who are provided school bus service by a school district during the first full week of October;
(b) For fiscal year 2024 and each fiscal year thereafter, a ridership determined in a manner specified by the general assembly.
(6) "Rider density" means the following:
(a) For fiscal years 2022 and 2023, the following quotient:
A school district's total number of qualifying riders/ the number of square miles in the district
(b) For fiscal year 2024 and each fiscal year thereafter, a number calculated in a manner determined by the general assembly.
(7) For fiscal years 2022 and 2023, "riders" means students enrolled in regular and special education in grades kindergarten through twelve who are provided school bus service by a school district, including students with dual enrollment in a joint vocational school district or a cooperative education school district, and students enrolled in a community school, STEM school, or nonpublic school.
(8) "School bus service" means a school district's transportation of qualifying riders in any of the following types of vehicles:
(a) School buses owned or leased by the district;
(b) School buses operated by a private contractor hired by the district;
(c) School buses operated by another school district or entity with which the district has contracted, either as part of a consortium for the provision of transportation or otherwise.
(B) Not later than the first day of November, for fiscal years 2022 and 2023, or a date determined by the general assembly, for fiscal year 2024 and each fiscal year thereafter, of each year, each city, local, and exempted village school district shall report to the department of education and workforce its qualifying ridership and any other information requested by the department. Subsequent adjustments to the reported numbers shall be made only in accordance with rules adopted by the department.
(C) The department shall calculate the statewide transportation cost per student as follows:
(1) Determine each city, local, and exempted village school district's transportation cost per student by dividing the district's total costs for school bus service in the previous fiscal year by its qualifying ridership in the previous fiscal year.
(2) After excluding districts that do not provide school bus service and the ten districts with the highest transportation costs per student and the ten districts with the lowest transportation costs per student, divide the aggregate cost for school bus service for the remaining districts in the previous fiscal year by the aggregate qualifying ridership of those districts in the previous fiscal year.
(D) The department shall calculate the statewide transportation cost per mile as follows:
(1) Determine each city, local, and exempted village school district's transportation cost per mile by dividing the district's total costs for school bus service in the previous fiscal year by its total number of miles driven for school bus service in the previous fiscal year.
(2) After excluding districts that do not provide school bus service and the ten districts with the highest transportation costs per mile and the ten districts with the lowest transportation costs per mile, divide the aggregate cost for school bus service for the remaining districts in the previous fiscal year by the aggregate miles driven for school bus service in those districts in the previous fiscal year.
(E) The department shall calculate each city, local, and exempted village school district's transportation base payment as follows:
(1) For fiscal years 2022 and 2023:
(a) Calculate the sum of the following:
(i) The product of the statewide transportation cost per student and the number of students counted in the district's qualifying ridership for the current fiscal year who are enrolled in the district;
(ii) 1.5 times the statewide transportation cost per student times the number of students counted in the district's qualifying ridership for the current fiscal year who are enrolled in community schools established under Chapter 3314. of the Revised Code or STEM schools established under Chapter 3326. of the Revised Code;
(iii) 2.0 times the statewide transportation cost per student times the number of students counted in the district's qualifying ridership for the current fiscal year who are enrolled in nonpublic schools.
(b) Calculate the sum of the following:
(i) The product of the statewide transportation cost per mile and the number of miles driven for school bus service as reported for qualifying riders for the current fiscal year who are enrolled in the district;
(ii) 1.5 times the statewide transportation cost per mile times the number of miles driven for school bus service as reported for qualifying riders for the current fiscal year who are enrolled in community schools or STEM schools;
(iii) 2.0 times the statewide transportation cost per mile times the number of miles driven for school bus service as reported for qualifying riders for the current fiscal year who are enrolled in nonpublic schools.
(c) Multiply the greater of the amounts calculated under divisions (E)(1)(a) and (b) of this section by the following:
(i) For fiscal year 2022, the greater of twenty-nine and one-sixth per cent or the district's state share percentage, as defined in section 3317.02 of the Revised Code;
(ii) For fiscal year 2023, the greater of thirty-three and one-third per cent or the district's state share percentage.
(2) For fiscal year 2024 and each fiscal year thereafter, an amount determined by the general assembly.
(F) For fiscal years 2022 and 2023, the department shall pay a district's efficiency adjustment payment in accordance with divisions (F)(1) to (3) of this section. For fiscal year 2024 and each fiscal year thereafter, the department shall pay a district's efficiency adjustment payment in a manner determined by the general assembly, if the general assembly authorizes such a payment to districts.
(1) The department annually shall establish a target number of qualifying riders per assigned bus for each city, local, and exempted village school district. The department shall use the most recently available data in establishing the target number. The target number shall be based on the statewide median number of riders per assigned bus as adjusted to reflect the district's density in comparison to the density of all other districts. The department shall post on the department's web site each district's target number of riders per assigned bus and a description of how the target number was determined.
(2) The department shall determine each school district's efficiency index by dividing the district's number of riders per assigned bus by its target number of riders per assigned bus.
(3) The department shall determine each city, local, and exempted village school district's efficiency adjustment payment as follows:
(a) If the district's efficiency index is equal to or greater than 1.5, the efficiency adjustment payment shall be calculated according to the following formula:
0.15 X the district's transportation base payment calculated under division (E) of this section
(b) If the district's efficiency index is less than 1.5 but greater than or equal to 1.0, the efficiency adjustment payment shall be calculated according to the following formula:
{[(The district's efficiency index - 1) X 0.15]/0.5} X the district's transportation base payment calculated under division (E) of this section
(c) If the district's efficiency index is less than 1.0, the efficiency adjustment payment shall be zero.
(G)
In addition to funds paid under divisions (E), (F), and (H) of this
section, each city, local, and exempted village district shall
receive in accordance with rules adopted by the state
board of education department
a
payment for students transported by means other than school bus
service and whose transportation is not funded under division (C) of
section 3317.024 of the Revised Code. The rules shall include
provisions for school district reporting of such students.
(H)(1) For purposes of division (H) of this section, a school district's "transportation supplement percentage" means the following:
(a) For fiscal years 2022 and 2023, the following quotient:
(28 – the district's rider density) / 100
If the result of the calculation for a district under division (H)(1)(a) of this section is less than zero, the district's transportation supplement percentage shall be zero.
(b) For fiscal year 2024 and each fiscal year thereafter, a percentage calculated in a manner determined by the general assembly.
(2) The department shall pay each district a transportation supplement calculated according to the following formula:
The district's transportation supplement percentage X the amount calculated for the district under division (E)(1)(b) of this section X 0.55
(I)(1) If a school district board and a community school governing authority elect to enter into an agreement under division (A) of section 3314.091 of the Revised Code, the department shall make payments to the community school according to the terms of the agreement for each student actually transported under division (C)(1) of that section. If a community school governing authority accepts transportation responsibility under division (B) of that section, the department shall make payments to the community school for each student actually transported or for whom transportation is arranged by the community school under division (C)(1) of that section, calculated as follows:
(a) For any fiscal year which the general assembly has specified that transportation payments to school districts be based on an across-the-board percentage of the district's payment for the previous school year, the per pupil payment to the community school shall be the following quotient:
(i) The total amount calculated for the school district in which the child is entitled to attend school for student transportation other than transportation of children with disabilities; divided by
(ii) The number of students included in the district's transportation ADM for the current fiscal year, as calculated under section 3317.03 of the Revised Code, plus the number of students enrolled in the community school not counted in the district's transportation ADM who are transported under division (B)(1) or (2) of section 3314.091 of the Revised Code.
(b)
For any fiscal year which the general assembly has specified that the
transportation payments to school districts be calculated in
accordance with this section and any rules of the state
board of education department
implementing
this section, the payment to the community school shall be the
following:
(i) For fiscal years 2022 and 2023, either of the following:
(I) If the school district in which the student is entitled to attend school would have used a method of transportation for the student for which payments are computed and paid under division (E) of this section, 1.0 times the statewide transportation cost per student, as calculated in division (C) of this section;
(II) If the school district in which the student is entitled to attend school would have used a method of transportation for the student for which payments are computed and paid in a manner described in division (G) of this section, the amount that would otherwise be computed for and paid to the district.
(ii) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
The community school, however, is not required to use the same method to transport the student.
As used in this division, "entitled to attend school" means entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(2) A community school shall be paid under division (I)(2) of this section only for students who are eligible as specified in section 3327.01 of the Revised Code and division (C)(1) of section 3314.091 of the Revised Code, and whose transportation to and from school is actually provided, who actually utilized transportation arranged, or for whom a payment in lieu of transportation is made by the community school's governing authority. To qualify for the payments, the community school shall report to the department, in the form and manner required by the department, data on the number of students transported or whose transportation is arranged, the number of miles traveled, cost to transport, and any other information requested by the department.
Sec. 3317.0213. (A) The department of education and workforce shall compute and pay in accordance with this section additional state aid for preschool children with disabilities to each city, local, and exempted village school district and to each institution, as defined in section 3323.091 of the Revised Code. Funding shall be provided for children who are not enrolled in kindergarten and who are under age six on the thirtieth day of September of the academic year, or on the first day of August of the academic year if the school district in which the child is enrolled has adopted a resolution under division (A)(3) of section 3321.01 of the Revised Code, but not less than age three on the first day of December of the academic year.
For fiscal years 2022 and 2023, the additional state aid shall be calculated under the following formula:
($4,000 X the number of students who are preschool children with disabilities) + the sum of the following:
(1) The district's or institution's category one special education students who are preschool children with disabilities X the multiple specified in division (A) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50;
(2) The district's or institution's category two special education students who are preschool children with disabilities X the multiple specified in division (B) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50;
(3) The district's or institution's category three special education students who are preschool children with disabilities X the multiple specified in division (C) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50;
(4) The district's or institution's category four special education students who are preschool children with disabilities X the multiple specified in division (D) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50;
(5) The district's or institution's category five special education students who are preschool children with disabilities X the multiple specified in division (E) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50;
(6) The district's or institution's category six special education students who are preschool children with disabilities X the multiple specified in division (F) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage X 0.50.
For fiscal year 2024 and each fiscal year thereafter, the additional state aid shall be calculated for each category of special education students who are preschool children with disabilities using a formula specified by the general assembly.
The special education disability categories for preschool children used in this section are the same categories prescribed in section 3317.013 of the Revised Code.
As used in division (A) of this section, the state share percentage of a student enrolled in an institution is the state share percentage of the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(B) If an educational service center is providing services to students who are preschool children with disabilities under agreement with the city, local, or exempted village school district in which the students are entitled to attend school, that district may authorize the department to transfer funds computed under this section to the service center providing those services.
(C) If a county DD board is providing services to students who are preschool children with disabilities under agreement with the city, local, or exempted village school district in which the students are entitled to attend school, the department shall deduct from the district's payment computed under division (A) of this section the total amount of those funds that are attributable to the students served by the county DD board and pay that amount to that board.
Sec.
3317.0214. (A)
The department of
education and workforce shall
compute and pay in accordance with this section additional state aid
to school districts for students in categories two through six
special education ADM. If a district's costs for the fiscal year for
a student in its categories two through six special education ADM
exceed the threshold catastrophic cost for serving the student, the
district may submit to the superintendent
of public instruction department
documentation,
as prescribed by the superintendentdepartment,
of all its costs for that student. Upon submission of documentation
for a student of the type and in the manner prescribed, the
department shall pay to the district an amount equal to the sum of
the following:
(1) One-half of the district's costs for the student in excess of the threshold catastrophic cost;
(2) The product of one-half of the district's costs for the student in excess of the threshold catastrophic cost multiplied by the district's state share percentage.
(B) For purposes of division (A) of this section, the threshold catastrophic cost for serving a student equals:
(1) For a student in the school district's category two, three, four, or five special education ADM, twenty-seven thousand three hundred seventy-five dollars;
(2) For a student in the district's category six special education ADM, thirty-two thousand eight hundred fifty dollars.
(C) The district shall report under division (A) of this section, and the department shall pay for, only the costs of educational expenses and the related services provided to the student in accordance with the student's individualized education program. Any legal fees, court costs, or other costs associated with any cause of action relating to the student may not be included in the amount.
Sec. 3317.0215. (A)(1) For fiscal years 2022 and 2023, the department of education and workforce shall withhold from the aggregate amount paid for a fiscal year to each city, local, exempted village, and joint vocational school district, community school established under Chapter 3314. of the Revised Code, and science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code an amount equal to the following:
(a) In the case of a city, local, or exempted village school district, the aggregate amount of special education funding paid to the district under division (A)(3) of section 3317.022 of the Revised Code times 0.10, subject to any funding limitations enacted by the general assembly to the computation.
(b) In the case of a community school or STEM school, the aggregate amount of special education funding paid to the school under division (A)(1)(b) of section 3317.026 of the Revised Code times 0.10, subject to any funding limitations enacted by the general assembly to the computation.
(c) In the case of a joint vocational school district, the aggregate amount of special education funding paid to the school under division (A)(2) of section 3317.16 of the Revised Code times 0.10, subject to any funding limitations enacted by the general assembly to the computation.
(2)
For fiscal year 2024 and each fiscal year thereafter, the department
of
education shall
withhold from the aggregate amount paid for a fiscal year to each
city, local, exempted village, and joint vocational school district,
community school, and science, technology, engineering, and
mathematics school an amount determined by the general assembly, if
any, for purposes of this section.
(B) For fiscal years 2022 and 2023, the department shall use the amount of funds withheld under division (A) of this section for purposes of division (C)(1) of section 3314.08 of the Revised Code, section 3317.0214 of the Revised Code, division (B) of section 3317.16 of the Revised Code, and section 3326.34 of the Revised Code.
For fiscal year 2024 and each fiscal year thereafter, the department shall use the amount of funds withheld under division (A) of this section, if any, for purposes determined by the general assembly.
Sec. 3317.0217. This section shall apply only for fiscal years 2022 and 2023.
Payment of the amount calculated for a school district under this section shall be made under division (A) of section 3317.022 of the Revised Code.
(A) For each fiscal year, the department of education and workforce shall compute targeted assistance funds for city, local, and exempted village school districts, in accordance with the following formula:
A district's capacity amount for that fiscal year calculated under division (B) of this section + a district's wealth amount for that fiscal year calculated under division (C) of this section
(B) The department shall calculate each district's capacity amount for a fiscal year as follows:
(1) Calculate each district's weighted wealth for that fiscal year, which equals the following sum:
(The amount determined for the district for that fiscal year under division (A)(1)(a) of section 3317.017 of the Revised Code X 0.6) + (the amount determined for the district for that fiscal year under division (A)(2)(a) of section 3317.017 of the Revised Code X 0.4)
(2) Determine the median weighted wealth of all school districts in this state for that fiscal year;
(3) Compute each district's capacity index for that fiscal year by dividing the median weighted wealth of all school districts in this state for that fiscal year by the district's weighted wealth for that fiscal year;
(4) Compute each district's capacity amount for that fiscal year as follows:
(a) The district's capacity amount shall be zero if the district satisfies either of the following criteria for that fiscal year:
(i) The district's capacity index is less than 1.
(ii) The district's enrolled ADM is less than 200.
(b) If the district does not satisfy either of the criteria specified in division (B)(4)(a) of this section for that fiscal year, the district's capacity amount for that fiscal year shall be calculated as follows:
(i) Compute the following amount for the district:
(The median weighted wealth of all school districts in this state for that fiscal year X 0.008) – (the district's weighted wealth for that fiscal year X 0.008)
(ii) If the district's enrolled ADM for that fiscal year is greater than or equal to 200 but less than or equal to 400, the district's capacity amount for that fiscal year shall be equal to 0.05 X the amount computed under division (B)(4)(b)(i) of this section.
(iii) If the district's enrolled ADM for that fiscal year is greater than 400 and less than 600, the district's capacity amount for that fiscal year shall be calculated in accordance with the following formula:
{[0.95 X (the district's enrolled ADM for that fiscal year – 400)/200] + 0.05} X the amount computed under division (B)(4)(b)(i) of this section
(iv) If the district's enrolled ADM for that fiscal year is greater than or equal to 600, the district's capacity amount for that fiscal year shall be equal to the amount computed under division (B)(4)(b)(i) of this section.
(C) The department shall calculate each district's wealth amount for a fiscal year as follows:
(1) Calculate each district's weighted wealth per pupil for that fiscal year, which equals the following quotient:
The district's weighted wealth for that fiscal year calculated under division (B)(1) of this section/ (the district's enrolled ADM for that fiscal year - the students described in division (A)(1)(b) of section 3317.03 of the Revised Code + the students described in division (A)(2)(d) of section 3317.03 of the Revised Code)
(2) Determine the median weighted wealth per pupil of all school districts in this state for that fiscal year;
(3) Compute each district's wealth index for that fiscal year by dividing the median weighted wealth per pupil of all school districts in this state for that fiscal year by the district's weighted wealth per pupil for that fiscal year;
(4) Compute each district's wealth amount for that fiscal year, as follows:
(a) If the district's wealth index computed under division (C)(3) of this section for that fiscal year is less than 0.8, the district's wealth amount for that fiscal year shall be zero.
(b) If the district's wealth index computed under division (C)(3) of this section for that fiscal year is greater than or equal to 0.8, the district's wealth amount for that fiscal year shall be calculated in accordance with the following formula:
[(The median weighted wealth per pupil of all school districts in this state for that fiscal year X 0.014) – (the district's weighted wealth per pupil for that fiscal year X 0.0112)] X the district's enrolled ADM for that fiscal year
Sec. 3317.0218. This section shall apply only for fiscal years 2022 and 2023.
For each fiscal year, the department of education and workforce shall compute supplemental targeted assistance for each city, local, and exempted village school district as follows:
(A) Determine if the district satisfies both of the following criteria:
(1)
The wealth index calculated for the district for fiscal year 2019
under division (A)(4) of former section 3317.0217 of the Revised Code
as it existed prior to the
effective date of this section September
30, 2021, is
greater than 1.6;
(2) The district's enrolled ADM for fiscal year 2019 is less than eighty-eight per cent of the district's total ADM for fiscal year 2019.
(B)
Determine the maximum of the wealth indices calculated under division
(A)(4) of former section 3317.0217 of the Revised Code as it existed
prior to the
effective date of this section September
30, 2021, for
all districts that satisfy both of the criteria specified under
division (A) of this section;
(C) If the district satisfies both of the criteria specified under division (A) of this section, compute the district's supplemental amount as the product of the following:
(1) {[(The number specified under division (A)(1) of this section – 1.6)/ (the number determined under division (B) of this section – 1.6)] X 675} + 75;
(2) The district's enrolled ADM.
(D) If the district does not satisfy both of the criteria specified under division (A) of this section, the district's supplemental amount shall be equal to zero.
Sec.
3317.03. (A)
The superintendent of each city, local, and exempted village school
district shall report to the state
board department
of
education
and
workforce
as
of the last day of October, March, and June of each year the
enrollment of students receiving services from schools under the
superintendent's supervision, and the numbers of other students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code the superintendent is required to report
under this section, so that the department
of
education
can
calculate the district's enrolled ADM, formula ADM, total ADM,
category one through five career-technical education ADM, category
one through three English learner ADM, category one through six
special education ADM, transportation ADM, and, for purposes of
provisions of law outside of Chapter 3317. of the Revised Code,
average daily membership.
(1) The enrollment reported by the superintendent during the reporting period shall consist of the number of students in grades kindergarten through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in another district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code.
When reporting students under division (A)(1) of this section, the superintendent also shall report the district where each student is entitled to attend school pursuant to sections 3313.64 and 3313.65 of the Revised Code.
(2)
The department
of
education
shall
compile a list of all students reported to be enrolled in a district
under division (A)(1) of this section and of the students entitled to
attend school in the district pursuant to section 3313.64 or 3313.65
of the Revised Code on an FTE basis but receiving educational
services in grades kindergarten through twelve from one or more of
the following entities:
(a) A community school pursuant to Chapter 3314. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in such community school;
(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code;
(c) A college pursuant to Chapter 3365. of the Revised Code, except when the student is enrolled in the college while also enrolled in a community school pursuant to Chapter 3314., a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(d) An adjacent or other school district under an open enrollment policy adopted pursuant to section 3313.98 of the Revised Code;
(e) An educational service center or cooperative education district;
(f) Another school district under a cooperative education agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid under section 3317.022 of the Revised Code, if the students qualified for the scholarship under section 3310.03 or 3310.032 of the Revised Code;
(h) An alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and "registered private provider" have the same meanings as in section 3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under Chapter 3328. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school.
(3) The department also shall compile a list of the students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code who are enrolled in a joint vocational school district or under a career-technical education compact, excluding any students so entitled to attend school in the district who are enrolled in another school district through an open enrollment policy as reported under division (A)(2)(d) of this section and then enroll in a joint vocational school district or under a career-technical education compact.
The department shall provide each city, local, and exempted village school district with an opportunity to review the list of students compiled under divisions (A)(2) and (3) of this section to ensure that the students reported accurately reflect the enrollment of students in the district.
(B)
To enable the department
of
education
to
obtain the data needed to complete the calculation of payments
pursuant to this chapter, each superintendent shall certify from the
reports provided by the department under division (A) of this section
all of the following:
(1) The total student enrollment in regular learning day classes included in the report under division (A)(1) or (2), including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, of this section for each of the individual grades kindergarten through twelve in schools under the superintendent's supervision;
(2) The unduplicated count of the number of preschool children with disabilities enrolled in the district for whom the district is eligible to receive funding under section 3317.0213 of the Revised Code adjusted for the portion of the year each child is so enrolled, in accordance with the disability categories prescribed in section 3317.013 of the Revised Code;
(3) The number of children entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are:
(a) Enrolled in a college under Chapter 3365. of the Revised Code, except when the student is enrolled in the college while also enrolled in a community school pursuant to Chapter 3314. of the Revised Code, a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(b)
Participating in a program operated by a county board of
developmental disabilities or a state institution;.
(4) The total enrollment of pupils in joint vocational schools;
(5) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(6) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for category two disabilities described in division (B) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(7) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(8) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(9) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(10) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, receiving special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, in category one career-technical education programs or classes, described in division (A)(1) of section 3317.014 of the Revised Code, operated by the school district or by another district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (M) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(12) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, in category two career-technical education programs or services, described in division (A)(2) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (M) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(13) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, in category three career-technical education programs or services, described in division (A)(3) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (M) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(14) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, in category four career-technical education programs or services, described in division (A)(4) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (M) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(15) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section, in category five career-technical education programs or services, described in division (A)(5) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (M) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(16) The enrollment of pupils reported under division (A)(1) or (2) of this section who are English learners described in division (A) of section 3317.016 of the Revised Code, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section;
(17) The enrollment of pupils reported under division (A)(1) or (2) of this section who are English learners described in division (B) of section 3317.016 of the Revised Code, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section;
(18) The enrollment of pupils reported under division (A)(1) or (2) of this section who are English learners described in division (C) of section 3317.016 of the Revised Code, including any student described in division (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section;
(19)
The average number of children transported during the reporting
period by the school district on board-owned or contractor-owned and
-operated buses, reported in accordance with rules adopted by the
department
of
education;
(20)(a) The number of children, other than preschool children with disabilities, the district placed with a county board of developmental disabilities in fiscal year 1998. Division (B)(20)(a) of this section does not apply after fiscal year 2013.
(b) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category two disabilities described in division (B) of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code.
(21) The enrollment of students who are economically disadvantaged, as defined by the department, including any student described in divisions (A)(1)(b) of this section and excluding any student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j) of this section. A student shall not be categorically excluded from the number reported under division (B)(21) of this section based on anything other than family income.
(22) The enrollment of students identified as gifted under division (A), (B), (C), or (D) of section 3324.03 of the Revised Code.
(C)(1)
The state
board of education department
shall
adopt rules necessary for implementing divisions (A), (B), and (D) of
this section.
(2) A student enrolled in a community school established under Chapter 3314., a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall be counted in the formula ADM of the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code for the same proportion of the school year that the student is counted in the enrollment of the community school, the science, technology, engineering, and mathematics school, or the college-preparatory boarding school for purposes of section 3317.022 or 3328.24 of the Revised Code. Notwithstanding the enrollment of students reported pursuant to division (A)(2)(a), (i), or (j) of this section, the department may adjust the formula ADM of a school district to account for students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code who are enrolled in a community school, a science, technology, engineering, and mathematics school, or a college-preparatory boarding school for only a portion of the school year.
(3) No child shall be counted as more than a total of one child in the sum of the enrollment of students of a school district under division (A), divisions (B)(1) to (22), or division (D) of this section, except as follows:
(a)(i) A child with a disability described in section 3317.013 of the Revised Code may be counted both in formula ADM and in category one, two, three, four, five, or six special education ADM and, if applicable, in category one, two, three, four, or five career-technical education ADM. As provided in division (M) of section 3317.02 of the Revised Code, such a child shall be counted in category one, two, three, four, five, or six special education ADM in the same proportion that the child is counted in formula ADM.
(ii) A child with a disability described in section 3317.013 of the Revised Code may be counted both in enrolled ADM and in category one, two, three, four, five, or six special education ADM and, if applicable, in category one, two, three, four, or five career-technical education ADM. As provided in division (M) of section 3317.02 of the Revised Code, such a child shall be counted in category one, two, three, four, five, or six special education ADM in the same proportion that the child is counted in enrolled ADM.
(b)(i) A child enrolled in career-technical education programs or classes described in section 3317.014 of the Revised Code may be counted both in formula ADM and category one, two, three, four, or five career-technical education ADM and, if applicable, in category one, two, three, four, five, or six special education ADM. Such a child shall be counted in category one, two, three, four, or five career-technical education ADM in the same proportion as the percentage of time that the child spends in the career-technical education programs or classes.
(ii) A child enrolled in career-technical education programs or classes described in section 3317.014 of the Revised Code may be counted both in enrolled ADM and category one, two, three, four, or five career-technical education ADM and, if applicable, in category one, two, three, four, five, or six special education ADM. Such a child shall be counted in category one, two, three, four, or five career-technical education ADM in the same proportion as the percentage of time that the child spends in the career-technical education programs or classes.
(4)
Based on the information reported under this section, the department
of
education
shall
determine the total student count, as defined in section 3301.011 of
the Revised Code, for each school district.
(D)(1)
The superintendent of each joint vocational school district shall
report and certify to the superintendent
of public instruction department
as
of the last day of October, March, and June of each year the
enrollment of students receiving services from schools under the
superintendent's supervision so that the department can calculate the
district's enrolled ADM, formula ADM, total ADM, category one through
five career-technical education ADM, category one through three
English learner ADM, category one through six special education ADM,
and for purposes of provisions of law outside of Chapter 3317. of the
Revised Code, average daily membership.
The enrollment reported and certified by the superintendent, except as otherwise provided in this division, shall consist of the number of students in grades six through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in a city, local, or exempted village school district whose territory is not part of the territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.
(2)
To enable the department
of
education
to
obtain the data needed to complete the calculation of payments
pursuant to this chapter, each superintendent shall certify from the
report provided under division (D)(1) of this section the enrollment
for each of the following categories of students:
(a) Students enrolled in each individual grade included in the joint vocational district schools, including any student described in division (D)(1)(b) of this section;
(b) Children with disabilities receiving special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(c) Children with disabilities receiving special education services for the category two disabilities described in division (B) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(d) Children with disabilities receiving special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(e) Children with disabilities receiving special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(f) Children with disabilities receiving special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(g) Children with disabilities receiving special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(h) Students receiving category one career-technical education services, described in division (A)(1) of section 3317.014 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(i) Students receiving category two career-technical education services, described in division (A)(2) of section 3317.014 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(j) Students receiving category three career-technical education services, described in division (A)(3) of section 3317.014 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(k) Students receiving category four career-technical education services, described in division (A)(4) of section 3317.014 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(l) Students receiving category five career-technical education services, described in division (A)(5) of section 3317.014 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(m) English learners described in division (A) of section 3317.016 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(n) English learners described in division (B) of section 3317.016 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(o) English learners described in division (C) of section 3317.016 of the Revised Code, including any student described in division (D)(1)(b) of this section;
(p) Students who are economically disadvantaged, as defined by the department, including any student described in division (D)(1)(b) of this section. A student shall not be categorically excluded from the number reported under division (D)(2)(p) of this section based on anything other than family income.
The superintendent of each joint vocational school district shall also indicate the city, local, or exempted village school district in which each joint vocational district pupil is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code.
(E) In each school of each city, local, exempted village, joint vocational, and cooperative education school district there shall be maintained a record of school enrollment, which record shall accurately show, for each day the school is in session, the actual enrollment in regular day classes. For the purpose of determining the enrollment of students, the enrollment figure of any school shall not include any pupils except those pupils described by division (A) or (D) of this section. The record of enrollment for each school shall be maintained in such manner that no pupil shall be counted as enrolled prior to the actual date of entry in the school and also in such manner that where for any cause a pupil permanently withdraws from the school that pupil shall not be counted as enrolled from and after the date of such withdrawal. There shall not be included in the enrollment of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district during the previous school year when assessments were administered under section 3301.0711 of the Revised Code but did not take one or more of the assessments required by that section and was not excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years, except for veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for reenrollment in the public school system of their residence not later than four years after termination of war or their honorable discharge;
(5) Any pupil who has a certificate of high school equivalence as defined in section 5107.40 of the Revised Code.
If, however, any veteran described by division (E)(4) of this section elects to enroll in special courses organized for veterans for whom tuition is paid under the provisions of federal laws, or otherwise, that veteran shall not be included in the enrollment of students determined under this section.
Notwithstanding
division (E)(3) of this section, the enrollment of any school may
include a pupil who did not take an assessment required by section
3301.0711 of the Revised Code if the superintendent
of public instruction department
of education and workforce grants
a waiver from the requirement to take the assessment to the specific
pupil and a parent is not paying tuition for the pupil pursuant to
section 3313.6410 of the Revised Code. The superintendent
department
may
grant such a waiver only for good cause in accordance with rules
adopted by the state
board of educationdepartment.
The
enrolled ADM, formula ADM, total ADM, category one through five
career-technical education ADM, category one through three English
learner ADM, category one through six special education ADM,
transportation ADM, and, for purposes of provisions of law outside of
Chapter 3317. of the Revised Code, average daily membership of any
school district shall be determined in accordance with rules adopted
by the
state
board of education
department.
(F)(1)
If a student attending a community school under Chapter 3314., a
science, technology, engineering, and mathematics school established
under Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code is not included
in the formula ADM calculated for the school district in which the
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code, the department
of
education
shall
adjust the formula ADM of that school district to include the student
in accordance with division (C)(2) of this section.
(2) If a student awarded an educational choice scholarship is not included in the formula ADM of the school district in which the student resides, the department shall adjust the formula ADM of that school district to include the student.
(3) If a student awarded a scholarship under the Jon Peterson special needs scholarship program is not included in the formula ADM of the school district in which the student resides, the department shall adjust the formula ADM of that school district to include the student.
(G)(1)(a)
The superintendent of an institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall, for
the programs under such superintendent's supervision, certify to the
state
board of education
department,
in the manner prescribed by the superintendent
of public instructiondirector
of education and workforce,
both of the following:
(i) The unduplicated count of the number of all children with disabilities other than preschool children with disabilities receiving services at the institution for each category of disability described in divisions (A) to (F) of section 3317.013 of the Revised Code adjusted for the portion of the year each child is so enrolled;
(ii) The unduplicated count of the number of all preschool children with disabilities in classes or programs for whom the district is eligible to receive funding under section 3317.0213 of the Revised Code adjusted for the portion of the year each child is so enrolled, reported according to the categories prescribed in section 3317.013 of the Revised Code.
(b)
The superintendent of an institution with career-technical education
units approved under section 3317.05 of the Revised Code shall, for
the units under the superintendent's supervision, certify to the
state
board of education department
the
enrollment in those units, in the manner prescribed by the
superintendent
of public instructiondirector
of education and workforce.
(2) The superintendent of each county board of developmental disabilities that maintains special education classes under section 3317.20 of the Revised Code or provides services to preschool children with disabilities pursuant to an agreement between the county board and the appropriate school district shall do both of the following:
(a)
Certify to the
state
board
department,
in the manner prescribed by the
board
department,
the enrollment in classes under section 3317.20 of the Revised Code
for each school district that has placed children in the classes;
(b)
Certify to the
state
board
department,
in the manner prescribed by the
board
department,
the unduplicated count of the number of all preschool children with
disabilities enrolled in classes for which the board is eligible to
receive funding under section 3317.0213 of the Revised Code adjusted
for the portion of the year each child is so enrolled, reported
according to the categories prescribed in section 3317.013 of the
Revised Code, and the number of those classes.
(H)
Except as provided in division (I) of this section, when any city,
local, or exempted village school district provides instruction for a
nonresident pupil whose attendance is unauthorized attendance as
defined in section 3327.06 of the Revised Code, that pupil's
enrollment shall not be included in that district's enrollment figure
used in calculating the district's payments under this chapter. The
reporting official shall report separately the enrollment of all
pupils whose attendance in the district is unauthorized attendance,
and the enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department
of
education.
(I)
This division shall not apply on or after
the
effective date of this amendment
September
30, 2021.
(1) A city, local, exempted village, or joint vocational school district admitting a scholarship student of a pilot project district pursuant to division (C) of section 3313.976 of the Revised Code may count such student in its enrollment.
(2) In any year for which funds are appropriated for pilot project scholarship programs, a school district implementing a state-sponsored pilot project scholarship program that year pursuant to sections 3313.974 to 3313.979 of the Revised Code may count in its enrollment:
(a) All children residing in the district and utilizing a scholarship to attend kindergarten in any alternative school, as defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the preceding year who are utilizing a scholarship to attend an alternative school.
(J)
The superintendent of each cooperative education school district
shall certify to the superintendent
of public instructiondirector
of education and workforce,
in a manner prescribed by the
state
board of education
department,
the applicable enrollments for all students in the cooperative
education district, also indicating the city, local, or exempted
village district where each pupil is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code.
(K)
If the superintendent
of public instruction director
of education and workforce determines
that a component of the enrollment certified or reported by a
district superintendent, or other reporting entity, is not correct,
the superintendent
of public instruction director
of education and workforce may
order that the district's enrolled ADM, formula ADM, or both be
adjusted in the amount of the error.
Sec.
3317.031. A
membership record shall be kept by grade level in each city, local,
exempted village, joint vocational, and cooperative education school
district and such a record shall be kept by grade level in each
educational service center that provides academic instruction to
pupils, classes for pupils with disabilities, or any other direct
instructional services to pupils. Such membership record shall show
the following information for each pupil enrolled: Name, date of
birth, name of parent, date entered school, date withdrawn from
school, days present, days absent, and the number of days school was
open for instruction while the pupil was enrolled. At the end of the
school year this membership record shall show the total days present,
the total days absent, and the total days due for all pupils in each
grade. Such membership record shall show the pupils that are
transported to and from school and it shall also show the pupils that
are transported living within one mile of the school attended. This
membership record shall also show any other information prescribed by
the state
board department
of
education
and
workforce.
This
membership record shall be kept intact for at least five years and
shall be made available to the state
board of education or its representative department
in
making an audit of the average daily membership or the transportation
of the district or educational service center.
The
state
board of education department
may
withhold any money due any school district or educational service
center under this chapter until it has satisfactory evidence that the
board of education or educational service center governing board has
fully complied with all of the provisions of this section.
Nothing in this section shall require any person to release, or to permit access to, public school records in violation of section 3319.321 of the Revised Code.
Sec.
3317.032. Each
city, local, exempted village, and cooperative education school
district, each educational service center, each county board of
developmental disabilities, and each institution operating a special
education program pursuant to section 3323.091 of the Revised Code
shall, in accordance with procedures adopted by the state
board department
of
education
and
workforce,
maintain a record of district membership of all preschool children
with disabilities who are served by a special education program.
Sec.
3317.033. In
accordance with rules which the state
board department
of
education and
workforce shall
adopt, each joint vocational school district shall do both of the
following:
(A) Maintain a record of district enrollment of any persons who are not eligible to be included in the district's formula ADM as that term is defined in section 3317.02 of the Revised Code;
(B)
Annually certify to the state
board of education department
the
number of persons for whom a record is maintained under division (A)
of this section. These numbers shall be reported on a full-time
equivalent basis.
Sec.
3317.036. (A)
The superintendent of each city, local, and exempted village school
district shall report to the state
board department
of
education
and
workforce
as
of the last day of October, March, and June of each year the
enrollment under section 3317.23 of the Revised Code, on a full-time
equivalency basis, of individuals who are at least twenty-two years
of age. This report shall be in addition to the district's report of
the enrollment of students entitled to attend school in the district
under section 3313.64 or 3313.65 of the Revised Code that is required
under section 3317.03 of the Revised Code.
(B)
The superintendent of each joint vocational school district shall
report and certify to the superintendent
of public instruction department
as
of the last day of October, March, and June of each year the
enrollment of individuals receiving services from the district on a
full-time equivalency basis under section 3317.24 of the Revised
Code. This report shall be in addition to the district's report of
the enrollment of students that is required under section 3317.03 of
the Revised Code.
Sec. 3317.037. (A) As used in this section:
(1)
"Contracting district" means a school district that has
entered into a contract to provide career-technical education
services that meet standards set by the state
board department
of
education
and
workforce
to
one or more other school districts.
(2) "Career-technical planning district" has the same meaning as in section 3317.023 of the Revised Code.
(3) "Home district" means any city, local, or exempted village school district that is also not a lead district or a contracting district.
(4)
"Lead district" means a lead district, as defined in
section 3317.023 of the Revised Code, which is designated by the
department of
education to
provide primary career-technical education leadership within a
career-technical planning district.
(B) For the purposes of maintaining student enrollment records under section 3317.03 of the Revised Code, the superintendent of each home district shall provide to the lead district or contracting district the attendance records for each student who receives career-technical education services provided by the lead district or contracting district in facilities operated by the student's home district.
(C) Any lead district of a career-technical planning district may enter into an agreement with another school district within that career-technical planning district under which the lead district and the other school district may establish a method to determine the full-time equivalency for each student attending school in both districts for the purposes of calculating each district's enrollment under section 3317.03 of the Revised Code.
Sec.
3317.05. (A)
The department of education
and
workforce
shall
determine for each institution, by the last day of January of each
year and based on information certified under section 3317.03 of the
Revised Code, the number of career-technical education units or
fractions of units approved by the department on the basis of
standards and rules adopted by the
state
board of education
department.
As used in this section, "institution" means an institution
operated by a department specified in section 3323.091 of the Revised
Code and that provides career-technical education programs under the
supervision of the division of career-technical education of the
department that meet the standards and rules for these programs,
including licensure of professional staff involved in the programs,
as established by the
state
board
department.
(B) All of the arithmetical calculations made under this section shall be carried to the second decimal place. The total number of units for institutions approved annually under this section shall not exceed the number of units included in the estimate of cost for these units and appropriations made for them by the general assembly.
(C) The department shall pay each institution approved for career-technical education units under division (A) of this section an amount for the total of all the units approved under that division. The amount for each unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to the salary schedule prescribed in the version of section 3317.13 of the Revised Code in effect prior to July 1, 2001, plus fifteen per cent of that minimum salary amount, and nine thousand five hundred ten dollars. Each institution that receives unit funds under this division annually shall report to the department on the delivery of services and the performance of students and any other information required by the department to evaluate the institution's career-technical education program.
(D) For each unit allocated to an institution pursuant to division (A) of this section, the department, in addition to the amount specified in division (B) of this section, shall pay a supplemental unit allowance of $7,227.
Sec. 3317.051. (A) The department of education and workforce shall compute and pay to a school district funds based on units for services to students identified as gifted under Chapter 3324. of the Revised Code as prescribed by this section.
(B) The department shall allocate gifted units for a school district as follows:
(1) For fiscal years 2022 and 2023:
(a) One gifted coordinator unit shall be allocated for every 3,300 students in a district's enrolled ADM, with a minimum of 0.5 units and a maximum of 8 units allocated for the district.
(b) One kindergarten through eighth grade gifted intervention specialist unit shall be allocated for every 140 gifted students enrolled in grades kindergarten through eight in the district, as certified under division (B)(22) of section 3317.03 of the Revised Code, with a minimum of 0.3 units allocated for the district.
(c) One ninth through twelfth grade gifted intervention specialist unit shall be allocated for every 140 gifted students enrolled in grades nine through twelve in the district, as certified under division (B)(22) of section 3317.03 of the Revised Code, with a minimum of 0.3 units allocated for the district.
(2) For fiscal year 2024 and each fiscal year thereafter, in the manner prescribed by the general assembly.
(C) The department shall pay an amount to a school district for gifted units as follows:
(1) For fiscal years 2022 and 2023, an amount equal to the following sum:
($85,776 X the number of units allocated to a school district under division (B)(1)(a) of this section X the district's state share percentage) + ($89,378 X the number of units allocated to a school district under division (B)(1)(b) of this section X the district's state share percentage) + ($80,974 X the number of units allocated to a school district under division (B)(1)(c) of this section X the district's state share percentage)
(2) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(D) A school district may assign gifted unit funding that it receives under division (C) of this section to another school district, an educational service center, a community school, or a STEM school as part of an arrangement to provide services to the district.
Sec. 3317.06. Moneys paid to school districts under division (E)(1) of section 3317.024 of the Revised Code shall be used for the following independent and fully severable purposes:
(A)
To purchase such secular textbooks or digital texts as have been
approved by the superintendent
of public instruction department
of education and workforce for
use in public schools in the state and to loan such textbooks or
digital texts to pupils attending nonpublic schools within the
district described in division (E)(1) of section 3317.024 of the
Revised Code or to their parents and to hire clerical personnel to
administer such lending program. Such loans shall be based upon
individual requests submitted by such nonpublic school pupils or
parents. Such requests shall be submitted to the school district in
which the nonpublic school is located. Such individual requests for
the loan of textbooks or digital texts shall, for administrative
convenience, be submitted by the nonpublic school pupil or the
pupil's parent to the nonpublic school, which shall prepare and
submit collective summaries of the individual requests to the school
district. As used in this section:
(1) "Textbook" means any book or book substitute that a pupil uses as a consumable or nonconsumable text, text substitute, or text supplement in a particular class or program in the school the pupil regularly attends.
(2) "Digital text" means a consumable book or book substitute that a student accesses through the use of a computer or other electronic medium or that is available through an internet-based provider of course content, or any other material that contributes to the learning process through electronic means.
(B) To provide speech and hearing diagnostic services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such service shall be provided in the nonpublic school attended by the pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such services shall be provided in the school attended by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such services shall be provided in the school attended by the pupil receiving the service.
(E) To provide therapeutic psychological and speech and hearing services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(F) To provide guidance, counseling, and social work services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(G) To provide remedial services to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(H) To supply for use by pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code such standardized tests and scoring services as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code and are children with disabilities as defined in section 3323.01 of the Revised Code or gifted children. Such programs shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such programs are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.
(J) To hire clerical personnel to assist in the administration of programs pursuant to divisions (B), (C), (D), (E), (F), (G), and (I) of this section and to hire supervisory personnel to supervise the providing of services and textbooks pursuant to this section.
(K) To purchase or lease any secular, neutral, and nonideological computer application software designed to assist students in performing a single task or multiple related tasks, device management software, learning management software, site-licensing, digital video on demand (DVD), wide area connectivity and related technology as it relates to internet access, mathematics or science equipment and materials, instructional materials, and school library materials that are in general use in the public schools of the state and loan such items to pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code or to their parents, and to hire clerical personnel to administer the lending program. Only such items that are incapable of diversion to religious use and that are susceptible of loan to individual pupils and are furnished for the use of individual pupils shall be purchased and loaned under this division. As used in this section, "instructional materials" means prepared learning materials that are secular, neutral, and nonideological in character and are of benefit to the instruction of school children. "Instructional materials" includes media content that a student may access through the use of a computer or electronic device.
Mobile applications that are secular, neutral, and nonideological in character and that are purchased for less than twenty dollars for instructional use shall be considered to be consumable and shall be distributed to students without the expectation that the applications must be returned.
(L) To purchase or lease instructional equipment, including computer hardware and related equipment in general use in the public schools of the state, for use by pupils attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code and to loan such items to pupils attending such nonpublic schools within the district or to their parents, and to hire clerical personnel to administer the lending program. "Computer hardware and related equipment" includes desktop computers and workstations; laptop computers, computer tablets, and other mobile handheld devices; their operating systems and accessories; and any equipment designed to make accessible the environment of a classroom to a student, who is physically unable to attend classroom activities due to hospitalization or other circumstances, by allowing real-time interaction with other students both one-on-one and in group discussion.
(M) To purchase mobile units to be used for the provision of services pursuant to divisions (E), (F), (G), and (I) of this section and to pay for necessary repairs and operating costs associated with these units.
(N) To reimburse costs the district incurred to store the records of a chartered nonpublic school that closes. Reimbursements under this division shall be made one time only for each chartered nonpublic school described in division (E)(1) of section 3317.024 of the Revised Code that closes.
(O) To purchase life-saving medical or other emergency equipment for placement in nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code or to maintain such equipment.
(P) To procure and pay for security services from a county sheriff or a township or municipal police force or from a person certified through the Ohio peace officer training commission, in accordance with section 109.78 of the Revised Code, as a special police, security guard, or as a privately employed person serving in a police capacity for nonpublic schools in the district described in division (E)(1) of section 3317.024 of the Revised Code.
(Q) To provide language and academic support services and other accommodations for English learners attending nonpublic schools within the district described in division (E)(1) of section 3317.024 of the Revised Code.
Clerical and supervisory personnel hired pursuant to division (J) of this section shall perform their services in the public schools, in nonpublic schools, public centers, or mobile units where the services are provided to the nonpublic school pupil, except that such personnel may accompany pupils to and from the service sites when necessary to ensure the safety of the children receiving the services.
All services provided pursuant to this section may be provided under contract with educational service centers, the department of health, city or general health districts, or private agencies whose personnel are properly licensed by an appropriate state board or agency.
Transportation of pupils provided pursuant to divisions (E), (F), (G), and (I) of this section shall be provided by the school district from its general funds and not from moneys paid to it under division (E)(1) of section 3317.024 of the Revised Code unless a special transportation request is submitted by the parent of the child receiving service pursuant to such divisions. If such an application is presented to the school district, it may pay for the transportation from moneys paid to it under division (E)(1) of section 3317.024 of the Revised Code.
No school district shall provide health or remedial services to nonpublic school pupils as authorized by this section unless such services are available to pupils attending the public schools within the district.
Materials, equipment, computer hardware or software, textbooks, digital texts, and health and remedial services provided for the benefit of nonpublic school pupils pursuant to this section and the admission of pupils to such nonpublic schools shall be provided without distinction as to race, creed, color, or national origin of such pupils or of their teachers.
No school district shall provide services, materials, or equipment that contain religious content for use in religious courses, devotional exercises, religious training, or any other religious activity.
As used in this section, "parent" includes a person standing in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code, payments shall be made under this section to any city, local, or exempted village school district within which is located one or more nonpublic elementary or high schools described in division (E)(1) of section 3317.024 of the Revised Code and any payments made to school districts under division (E)(1) of section 3317.024 of the Revised Code for purposes of this section may be disbursed without submission to and approval of the controlling board.
The
allocation of payments for materials, equipment, textbooks, digital
texts, health services, and remedial services to city, local, and
exempted village school districts shall be on the basis of the state
board of education's department's
estimated
annual average daily membership in nonpublic elementary and high
schools located in the district described in division (E)(1) of
section 3317.024 of the Revised Code.
Payments made to city, local, and exempted village school districts under this section shall be equal to specific appropriations made for the purpose. All interest earned by a school district on such payments shall be used by the district for the same purposes and in the same manner as the payments may be used.
The
department
of
education
shall
adopt guidelines and procedures under which such programs and
services shall be provided, under which districts shall be reimbursed
for administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section may be
transferred to the auxiliary services personnel unemployment
compensation fund established pursuant to section 4141.47 of the
Revised Code. The department shall also adopt guidelines and
procedures limiting the purchase and loan of the items described in
division (K) of this section to items that are in general use in the
public schools of the state, that are incapable of diversion to
religious use, and that are susceptible to individual use rather than
classroom use. Within thirty days after the end of each biennium,
each board of education shall remit to the department all moneys paid
to it under division (E)(1) of section 3317.024 of the Revised Code
and any interest earned on those moneys that are not required to pay
expenses incurred under this section during the biennium for which
the money was appropriated and during which the interest was earned.
If a board of education subsequently determines that the remittal of
moneys leaves the board with insufficient money to pay all valid
expenses incurred under this section during the biennium for which
the remitted money was appropriated, the board may apply to the
department
of
education
for
a refund of money, not to exceed the amount of the insufficiency. If
the department determines the expenses were lawfully incurred and
would have been lawful expenditures of the refunded money, it shall
certify its determination and the amount of the refund to be made to
the director of job and family services who shall make a refund as
provided in section 4141.47 of the Revised Code.
Each school district shall label materials, equipment, computer hardware or software, textbooks, and digital texts purchased or leased for loan to a nonpublic school under this section, acknowledging that they were purchased or leased with state funds under this section. However, a district need not label materials, equipment, computer hardware or software, textbooks, or digital texts that the district determines are consumable in nature or have a value of less than two hundred dollars.
Sec.
3317.061. The
superintendent of each school district, including each cooperative
education and joint vocational school district and the superintendent
of each educational service center, shall, on forms prescribed and
furnished by the state
board department
of
education
and
workforce,
certify to the department
and the state
board of education, on or before the fifteenth day of October of each
year, the name of each licensed employee employed, on an annual
salary, in each school under such superintendent's supervision during
the first full school week of said month of October, the number of
years of recognized college training such licensed employee has
completed, the college degrees from a recognized college earned by
such licensed employee, the type of teaching license held by such
licensed employee, the number of months such licensed employee is
employed in the school district, the annual salary of such licensed
employee, and such other information as the state
board of education department,
in consultation with the state board, may
request. For the purposes of Chapter 3317. of the Revised Code, a
licensed employee is any employee in a position that requires a
license issued pursuant to sections 3319.22 to 3319.31 of the Revised
Code.
Pursuant
to standards adopted by the
state
board of education
department,
experience of vocational teachers in trade and industry shall be
recognized by such
board the
department for
the purpose of complying with the requirements of recognized college
training provided by Chapter 3317. of the Revised Code.
Sec. 3317.062. (A) Moneys paid to chartered nonpublic schools under division (E)(2) of section 3317.024 of the Revised Code shall be used for one or more of the following purposes:
(1)
To purchase secular textbooks or digital texts, as defined in
divisions (A)(1) and (2) of section 3317.06 of the Revised Code, as
have been approved by the superintendent
of public instruction department
of education and workforce for
use in public schools in the state. Textbooks purchased in accordance
with this division may be disposed of four years after the date of
purchase;
(2) To provide the services described in divisions (B), (C), (D), and (Q) of section 3317.06 of the Revised Code;
(3) To provide the services described in divisions (E), (F), (G), and (I) of section 3317.06 of the Revised Code. If such services are provided in public schools or in public centers, transportation to and from such facilities shall be provided by the nonpublic school.
(4) To supply for use by pupils attending the school such standardized tests and scoring services as are in use in the public schools of the state;
(5) To hire clerical personnel to assist in the administration of divisions (A)(2), (3), and (4) of this section and to hire supervisory personnel to supervise the providing of services and textbooks pursuant to this section. These personnel shall perform their services in the public schools, in nonpublic schools, public centers, or mobile units where the services are provided to the nonpublic school pupil, except that such personnel may accompany pupils to and from the service sites when necessary to ensure the safety of the children receiving the services. All services provided pursuant to this section may be provided under contract with school districts, educational service centers, the department of health, city or general health districts, or private agencies whose personnel are properly licensed by an appropriate state board or agency.
(6) To purchase any of the materials described in division (K) of section 3317.06 of the Revised Code;
(7) To purchase any of the equipment described in division (L) of section 3317.06 of the Revised Code;
(8) To purchase mobile units to be used for the provision of services pursuant to division (A)(3) of this section and to pay for necessary repairs and operating costs associated with these units;
(9) To purchase the equipment described in division (O) of section 3317.06 of the Revised Code;
(10) To procure and pay for security services described in division (P) of section 3317.06 of the Revised Code.
(B) Materials, equipment, computer hardware and software, textbooks, digital texts, and health and remedial services provided pursuant to this section and the admission of pupils to nonpublic schools shall be provided without distinction as to race, creed, color, or national origin of such pupils or of their teachers.
(C) Any interest earned by a chartered nonpublic school on moneys paid to it under division (E)(2) of section 3317.024 of the Revised Code shall be used by the school for the same purposes and in the same manner as the payments may be used under this section.
(D)
The department
of
education
shall
adopt guidelines and procedures regarding both of the following:
(1) The expenditure of moneys under this section;
(2) The audit of nonpublic schools receiving funds under this section to ensure the appropriate use of funds.
(E) The department shall adopt a rule specifying the party that owns any property purchased by a chartered nonpublic school with moneys paid under division (E)(2) of section 3317.024 of the Revised Code. The rule shall include procedures for disposal of the property by the designated owner when appropriate.
(F) Within thirty days after the end of each biennium, each chartered nonpublic school shall remit to the department all moneys paid to it under division (E)(2) of section 3317.024 of the Revised Code and any interest earned on those moneys that are not required to pay expenses incurred under this section during the biennium for which the moneys were appropriated and during which the interest was earned. If a school subsequently determines that the remittal of moneys leaves the school with insufficient money to pay all valid expenses incurred under this section during the biennium for which the remitted moneys were appropriated, the school may apply to the department for a refund of money, not to exceed the amount of the insufficiency. If the department determines the expenses were lawfully incurred and would have been lawful expenditures of the refunded money, the department shall make a refund in the necessary amount.
(G) All services provided and purchases made pursuant to this section may be acquired under contract with school districts, educational service centers, the department of health, city or general health districts, or private entities.
(H) When a chartered nonpublic school has materials or equipment purchased in accordance with division (A)(6) or (7) of this section that are no longer needed for school use, are obsolete, are unfit for the use for which they were acquired, or have been in the school's possession for at least four years, the school may dispose of that property in accordance with the school's disposal procedures, which may include donation, sale, trade, or permanent disposal. The school shall remit to the state treasury the proceeds from any sale made in accordance with this division.
Sec.
3317.063. The
superintendent
of public instruction, in accordance with rules adopted by the
department
of education,
and
workforce
shall
annually reimburse each chartered nonpublic school for the actual
mandated service administrative and clerical costs incurred by such
school during the preceding school year in preparing, maintaining,
and filing reports, forms, and records, and in providing such other
administrative and clerical services that are not an integral part of
the teaching process as may be required by state law or rule or by
requirements duly promulgated by city, exempted village, or local
school districts. The mandated service costs reimbursed pursuant to
this section shall include, but are not limited to, the preparation,
filing and maintenance of forms, reports, or records and other
clerical and administrative services relating to state chartering or
approval of the nonpublic school, pupil attendance, pupil health and
health testing, transportation of pupils, federally funded education
programs, pupil appraisal, pupil progress, educator licensure,
unemployment and workers' compensation, transfer of pupils, and such
other education related data which are now or hereafter shall be
required of such nonpublic school by state law or rule, or by
requirements of the state
department
of
education,
other state agencies, or city, exempted village, or local school
districts.
The reimbursement required by this section shall be for school years beginning on or after July 1, 1981.
Each
nonpublic school which seeks reimbursement pursuant to this section
shall submit to the superintendent
of public instruction department
an
application together with such additional reports and documents as
the department
of
education
may
require. Such application, reports, and documents shall contain such
information as the department
of
education
may
prescribe in order to carry out the purposes of this section. No
payment shall be made until the superintendent
of public instruction department
has
approved such application.
Each
nonpublic school which applies for reimbursement pursuant to this
section shall maintain a separate account or system of accounts for
the expenses incurred in rendering the required services for which
reimbursement is sought. Such accounts shall contain such information
as is required by the department
of
education
and
shall be maintained in accordance with rules adopted by the
department
of
education.
Reimbursement payments to a nonpublic school for a school year pursuant to this section shall not exceed the per-pupil amount specified by the general assembly for that school year.
The
superintendent
of public instruction department
may,
from time to time, examine any and all accounts and records of a
nonpublic school which have been maintained pursuant to this section
in support of an application for reimbursement, for the purpose of
determining the costs to such school of rendering the services for
which reimbursement is sought. If after such audit it is determined
that any school has received funds in excess of the actual cost of
providing such services, said school shall immediately reimburse the
state in such excess amount.
Any payments made to chartered nonpublic schools under this section may be disbursed without submission to and approval of the controlling board.
Sec.
3317.064. (A)
There is hereby established in the state treasury the auxiliary
services reimbursement fund. By the thirtieth day of January of each
odd-numbered year, the director of job and family services and the
superintendent
of public instruction department
of education and workforce shall
determine the amount of any excess moneys in the auxiliary services
personnel unemployment compensation fund not reasonably necessary for
the purposes of section 4141.47 of the Revised Code, and shall
certify such amount to the director of budget and management for
transfer to the auxiliary services reimbursement fund. If the
director of job and family services and the superintendent
department
disagree
on such amount, the director of budget and management shall determine
the amount to be transferred.
(B)
Except as provided in divisions (C) and (D) of this section, moneys
in the auxiliary services reimbursement fund shall be used for the
relocation or for the replacement and repair of mobile units used to
provide the services specified in division (E), (F), (G), or (I) of
section 3317.06 and in division (A)(3) of section 3317.062 of the
Revised Code. The state
board of education department
shall
adopt guidelines and procedures for replacement, repair, and
relocation of mobile units and the procedures under which a school
district or chartered nonpublic school may apply to receive moneys
with which to repair or replace or relocate such units.
(C) School districts and educational service centers may apply to the department for moneys from the auxiliary services reimbursement fund for payment of incentives for early retirement and severance for school district personnel assigned to provide services authorized by section 3317.06 or 3317.062 of the Revised Code at chartered nonpublic schools. The portion of the cost of any early retirement or severance incentive for any employee that is paid using money from the auxiliary services reimbursement fund shall not exceed the percentage of such employee's total service credit that the employee spent providing services to chartered nonpublic school students under section 3317.06 of the Revised Code.
(D)
The department of
education may
use a portion of the moneys in the auxiliary services reimbursement
fund to make payments for chartered nonpublic school students under
section 3365.07 of the Revised Code, in accordance with rules adopted
pursuant to section 3365.071 of the Revised Code.
Sec. 3317.07. If the department of education and workforce determines that a county board of developmental disabilities no longer needs a school bus because the board no longer transports children to a special education program operated by the board, or if the department determines that a school district no longer needs a school bus to transport pupils to a nonpublic school or special education program, the department may reassign a bus that was funded with payments provided pursuant to the version of this section in effect prior to the effective date of this amendment for the purpose of transporting such pupils. The department may reassign a bus to a county board of developmental disabilities or school district that transports children to a special education program designated in the children's individualized education programs, or to a school district that transports pupils to a nonpublic school, and needs an additional school bus.
Sec. 3317.071. For fiscal years 2022 and 2023, the department of education and workforce shall implement a program to distribute bus purchasing grants of not less than $45,000 to city, local, and exempted village school districts for the purpose of replacing the oldest and highest mileage buses in the state assigned to routes. The department shall annually collect age, mileage, and vehicle condition data from districts through its transportation data collection system.
Sec. 3317.072. (A) The transportation collaboration fund is hereby created in the state treasury for fiscal years 2022 and 2023. The fund shall consist of money appropriated for this purpose by the general assembly. The department of education and workforce shall use money in the fund for grants awarded under this section.
(B)(1) For fiscal years 2022 and 2023, the department shall award transportation collaboration grants each fiscal year to city, local, and exempted village school districts for efforts that lead to shared resource management, routing consolidation, regional collaboration, or other activities that have the potential to reduce transportation operating costs.
(2) The department shall determine the amount of each grant awarded, but no grant shall exceed $10,000 for any fiscal year.
(3) The department shall adopt rules regarding all of the following:
(a) The process for city, local, and exempted village school districts to submit applications for grants awarded under this section, including the deadline for those applications to be submitted;
(b) The application form for grants awarded under this section;
(c) The requirements and process for grant recipients to be eligible to renew their grants in future fiscal years;
(d) Any other rules necessary to implement the provisions of this section.
Sec. 3317.08. A board of education may admit to its schools a child it is not required by section 3313.64 or 3313.65 of the Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed in accordance with this section. A district's tuition charge for a school year shall be one of the following:
(A) For any child, except a preschool child with a disability described in division (B) of this section, the quotient obtained by dividing the sum of the amounts described in divisions (A)(1) and (2) of this section by the district's formula ADM.
(1) The district's total taxes charged and payable for current expenses for the tax year preceding the tax year in which the school year begins as certified under division (A)(3) of section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current expenses under a school district income tax adopted pursuant to section 5748.03, 5748.08, or 5748.09 of the Revised Code that are disbursed to the district during the fiscal year, excluding any income tax receipts allocated for the project cost, debt service, or maintenance set-aside associated with a state-assisted classroom facilities project as authorized by section 3318.052 of the Revised Code. On or before the first day of June of each year, the tax commissioner shall certify the amount to be used in the calculation under this division for the next fiscal year to the department of education and workforce and the office of budget and management for each city, local, and exempted village school district that levies a school district income tax.
(B) For any preschool child with a disability, an amount computed for the school year as follows:
(1) For each type of special education service provided to the child for whom tuition is being calculated, determine the amount of the district's operating expenses in providing that type of service to all preschool children with disabilities;
(2) For each type of special education service for which operating expenses are determined under division (B)(1) of this section, determine the amount of such operating expenses that was paid from any state funds received under this chapter;
(3) For each type of special education service for which operating expenses are determined under division (B)(1) of this section, divide the difference between the amount determined under division (B)(1) of this section and the amount determined under division (B)(2) of this section by the total number of preschool children with disabilities who received that type of service;
(4) Determine the sum of the quotients obtained under division (B)(3) of this section for all types of special education services provided to the child for whom tuition is being calculated.
The
state
board of education department
shall
adopt rules defining the types of special education services and
specifying the operating expenses to be used in the computation under
this section.
If any child for whom a tuition charge is computed under this section for any school year is enrolled in a district for only part of that school year, the amount of the district's tuition charge for the child for the school year shall be computed in proportion to the number of school days the child is enrolled in the district during the school year.
Except
as otherwise provided in division (J) of section 3313.64 of the
Revised Code, whenever a district admits a child to its schools for
whom tuition computed in accordance with this section is an
obligation of another school district, the amount of the tuition
shall be certified by the treasurer of the board of education of the
district of attendance, to the board of education of the district
required to pay tuition for its approval and payment. If agreement as
to the amount payable or the district required to pay the tuition
cannot be reached, or the board of education of the district required
to pay the tuition refuses to pay that amount, the board of education
of the district of attendance shall notify the superintendent
of public instructiondepartment.
The superintendent
department
shall
determine the correct amount and the district required to pay the
tuition and shall deduct that amount, if any, under division (D) of
section 3317.023 of the Revised Code, from the district required to
pay the tuition and add that amount to the amount allocated to the
district attended under such division. The superintendent
of public instruction department
shall
send to the district required to pay the tuition an itemized
statement showing such deductions at the time of such deduction.
When a political subdivision owns and operates an airport, welfare, or correctional institution or other project or facility outside its corporate limits, the territory within which the facility is located is exempt from taxation by the school district within which such territory is located, and there are school age children residing within such territory, the political subdivision owning such tax exempt territory shall pay tuition to the district in which such children attend school. The tuition for these children shall be computed as provided for in this section.
Sec. 3317.081. (A) Tuition shall be computed in accordance with this section if:
(1) The tuition is required by division (C)(3)(b) of section 3313.64 of the Revised Code; or
(2) Neither the child nor the child's parent resides in this state and tuition is required by section 3327.06 of the Revised Code.
(B) Tuition computed in accordance with this section shall equal the attendance district's tuition rate computed under section 3317.08 of the Revised Code plus the amount in state education aid, as defined in section 3317.02 of the Revised Code, that district would have received for the child during the school year had the department of education and workforce counted the child in the attendance district's formula ADM for that school year under section 3317.03 of the Revised Code.
Sec.
3317.082. As
used in this section, "institution" means a residential
facility that receives and cares for children maintained by the
department of youth services and that operates a school chartered by
the state board of education under
section 3301.16 of the Revised Code.
(A)
On or before the thirty-first day of each January and July, the
superintendent of each institution that during the six-month period
immediately preceding each January or July provided an elementary or
secondary education for any child, other than a child receiving
special education under section 3323.091 of the Revised Code, shall
prepare and submit to the department of education
and
workforce,
a statement for each such child indicating the child's name, any
school district responsible to pay tuition for the child as
determined by the superintendent in accordance with division (C)(2)
or (3) of section 3313.64 of the Revised Code, and the period of time
during that six-month period that the child received an elementary or
secondary education. If any school district is responsible to pay
tuition for any such child, the department
of
education,
no
not
later
than the immediately succeeding last day of February or August, as
applicable, shall calculate the amount of the tuition of the district
under section 3317.08 of the Revised Code for the period of time
indicated on the statement and do one of the following:
(1) If the tuition amount is equal to or less than the district's state education aid, pay to the institution submitting the statement an amount equal to the tuition amount, as provided under division (G) of section 3317.024 of the Revised Code, and deduct the tuition amount from the state basic aid funds payable to the district, as provided under division (C)(2) of section 3317.023 of the Revised Code;
(2) If the tuition amount is greater than the district's state education aid, require the district to pay to the institution submitting the statement an amount equal to the tuition amount.
(B)
In the case of any disagreement about the school district responsible
to pay tuition for a child pursuant to this section, the
superintendent
of public instruction director
of education and workforce shall
make the determination in any such case in accordance with division
(C)(2) or (3) of section 3313.64 of the Revised Code.
Sec.
3317.09. All
moneys distributed to a school district, including any cooperative
education or joint vocational school district and all moneys
distributed to any educational service center, by the state whether
from a state or federal source, shall be accounted for by the
division of school finance of the department of education
and
workforce.
All moneys distributed shall be coded as to county, school district
or educational service center, source, and other pertinent
information, and at the end of each month, a report of such
distribution shall be made by such division of school finance to each
school district and educational service center. If any board of
education fails to make the report required in section 3319.33 of the
Revised Code, the superintendent
of public instruction department
shall
be without authority to distribute funds to that school district or
educational service center under this chapter until such time as the
required reports are filed with all specified officers, boards, or
agencies.
Sec.
3317.10. (A)
On or before the first day of March of each year, the department of
job and family services shall certify to the state
board department
of
education
and
workforce
the
unduplicated number of children ages five through seventeen residing
in each school district and living in a family that, during the
preceding October, participated in Ohio works first.
The department of job and family services shall certify this information according to the school district of residence for each child.
(B) Upon the transfer of part of the territory of one school district to the territory of one or more other school districts, the department of education and workforce may adjust the number of children certified under division (A) of this section for any district gaining or losing territory in such a transfer in order to take into account the effect of the transfer on the number of such children who reside in the district. Within sixty days of receipt of a request for information from the department of education and workforce, the department of job and family services shall provide any information the department of education and workforce determines is necessary to make such adjustments.
Sec. 3317.11. (A) As used in this section:
(1) For fiscal years 2022 and 2023, "base amount" is equal to $356,250.
(2) For fiscal years 2022 and 2023, "funding base" means an amount calculated by the department of education and workforce that is equal to the amount an educational service center would have received under Section 265.360 of H.B. 166 of the 133rd general assembly for fiscal year 2020 using the student counts of the school districts with which the service center has service agreements for the fiscal year for which payments under this section are being made.
(3) For fiscal years 2022 and 2023, "general phase-in percentage" for an educational service center means the "general phase-in percentage" for school districts as defined in section 3317.02 of the Revised Code.
(4) For fiscal years 2022 and 2023, "student count" means the count calculated under division (G)(1) of section 3313.843 of the Revised Code.
(B)(1) For fiscal years 2022 and 2023, the department of education and workforce shall pay the governing board of each educational service center an amount equal to the following:
The educational service center's funding base + [(the amount calculated for the educational service center for that fiscal year under division (C) of this section - the educational service center's funding base) X the educational service center's general phase-in percentage for that fiscal year]
(2) For fiscal year 2024 and each fiscal year thereafter, the department shall pay the governing board of each educational service center an amount calculated in a manner determined by the general assembly.
(C) For fiscal years 2022 and 2023, the department shall calculate an amount for each educational service center as follows:
(1) If the educational service center has a student count of 5,000 students or less, the base amount.
(2) If the educational service center has a student count greater than 5,000 students but less than or equal to 35,000 students, the following sum:
The base amount + [(the educational service center's student count - 5,000) X $24.72]
(3) If the educational service center has a student count greater than 35,000 students, the following sum:
The base amount + (30,000 X $24.72) + [(the educational service center's student count - 35,000) X $30.90]
Sec. 3317.12. Any board of education participating in funds distributed under Chapter 3317. of the Revised Code shall annually adopt a salary schedule for nonteaching school employees based upon training, experience, and qualifications with initial salaries no less than the salaries in effect on October 13, 1967. Each board of education shall prepare and may amend from time to time, specifications descriptive of duties, responsibilities, requirements, and desirable qualifications of the classifications of employees required to perform the duties specified in the salary schedule. All nonteaching school employees are to be notified of the position classification to which they are assigned and the salary for the classification. The compensation of all employees working for a particular school board shall be uniform for like positions except as compensation would be affected by salary increments based upon length of service.
On
the fifteenth day of October each year the salary schedule and the
list of job classifications and salaries in effect on that date shall
be filed by each board of education with the superintendent
of public instructiondepartment
of education and workforce.
If such salary schedule and classification plan is not filed the
superintendent
of public instruction department
shall
order the board to file such schedules forthwith. If this condition
is not corrected within ten days after receipt of the order from the
superintendent
of public instructiondepartment,
no money shall be distributed to the district under Chapter 3317. of
the Revised Code until the superintendent
department
has
satisfactory evidence of the board of education's full compliance
with such order.
Sec. 3317.13. (A) As used in this section and section 3317.14 of the Revised Code:
(1) "Years of service" includes the following:
(a) All years of teaching service in the same school district or educational service center, regardless of training level, with each year consisting of at least one hundred twenty days under a teacher's contract;
(b) All years of teaching service in a chartered, nonpublic school located in Ohio as a teacher licensed pursuant to section 3319.22 of the Revised Code or in another public school, regardless of training level, with each year consisting of at least one hundred twenty days under a teacher's contract;
(c) All years of teaching service in a chartered school or institution or a school or institution that subsequently became chartered or a chartered special education program or a special education program that subsequently became chartered operated by the state or by a subdivision or other local governmental unit of this state as a teacher licensed pursuant to section 3319.22 of the Revised Code, regardless of training level, with each year consisting of at least one hundred twenty days; and
(d) All years of active military service in the armed forces of the United States, as defined in section 3307.75 of the Revised Code, to a maximum of five years. For purposes of this calculation, a partial year of active military service of eight continuous months or more in the armed forces shall be counted as a full year.
(2) "Teacher" means all teachers employed by the board of education of any school district, including any cooperative education or joint vocational school district and all teachers employed by any educational service center governing board.
(B) No teacher shall be paid a salary less than that provided in the schedule set forth in division (C) of this section. In calculating the minimum salary any teacher shall be paid pursuant to this section, years of service shall include the sum of all years of the teacher's teaching service included in divisions (A)(1)(a), (b), (c), and (d) of this section; except that any school district or educational service center employing a teacher new to the district or educational service center shall grant such teacher a total of not more than ten years of service pursuant to divisions (A)(1)(b), (c), and (d) of this section.
Upon
written complaint to the superintendent
of public instruction director
of education and workforce that
the board of education of a district or the governing board of an
educational service center governing board has failed or refused to
annually adopt a salary schedule or to pay salaries in accordance
with the salary schedule set forth in division (C) of this section,
the superintendent
of public instruction director
shall
cause to be made an immediate investigation of such complaint. If the
superintendent
director
finds
that the conditions complained of exist, the superintendent
director
shall
order the board to correct such conditions within ten days from the
date of the finding. No moneys shall be distributed to the district
or educational service center under this chapter until the
superintendent
director
has
satisfactory evidence of the board of education's full compliance
with such order.
Each teacher shall be fully credited with placement in the appropriate academic training level column in the district's or educational service center's salary schedule with years of service properly credited pursuant to this section or section 3317.14 of the Revised Code. No rule shall be adopted or exercised by any board of education or educational service center governing board which restricts the placement or the crediting of annual salary increments for any teacher according to the appropriate academic training level column.
(C) Minimum salaries exclusive of retirement and sick leave for teachers shall be as follows:
|
|
1 |
2 |
3 |
4 |
5 |
|
A |
Years of Service |
Teachers with Less than Bachelor's Degree |
Teachers with a Bachelor's Degree |
Teachers with Five Years of Training, but no Master's Degree |
Teachers with a Master's Degree or Higher |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
A |
|
Per Cent* |
Dollar Amount |
Per Cent* |
Dollar Amount |
Per Cent* |
Dollar Amount |
Per Cent* |
Dollar Amount |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
A |
0 |
86.5 |
$25,950 |
100.0 |
$30,000 |
103.8 |
$31,140 |
109.5 |
$32,850 |
|
B |
1 |
90.0 |
27,000 |
103.8 |
31,140 |
108.1 |
32,430 |
114.3 |
34,290 |
|
C |
2 |
93.5 |
28,050 |
107.6 |
32,280 |
112.4 |
33,720 |
119.1 |
35,730 |
|
D |
3 |
97.0 |
29,100 |
111.4 |
33,420 |
116.7 |
35,010 |
123.9 |
37,170 |
|
E |
4 |
100.5 |
30,150 |
115.2 |
34,560 |
121.0 |
36,300 |
128.7 |
38,610 |
|
F |
5 |
104.0 |
31,200 |
119.0 |
35,700 |
125.3 |
37,590 |
133.5 |
40,050 |
|
G |
6 |
104.0 |
31,200 |
122.8 |
36,840 |
129.6 |
38,880 |
138.3 |
41,490 |
|
H |
7 |
104.0 |
31,200 |
126.6 |
37,980 |
133.9 |
40,170 |
143.1 |
42,930 |
|
I |
8 |
104.0 |
31,200 |
130.4 |
39,120 |
138.2 |
41,460 |
147.9 |
44,370 |
|
J |
9 |
104.0 |
31,200 |
134.2 |
40,260 |
142.5 |
42,750 |
152.7 |
45,810 |
|
K |
10 |
104.0 |
31,200 |
138.0 |
41,400 |
146.8 |
44,040 |
157.5 |
47,250 |
|
L |
11 |
104.0 |
31,200 |
141.8 |
42,540 |
151.1 |
45,330 |
162.3 |
48,690 |
* Percentages represent the percentage which each salary is of the base amount.
For purposes of determining the minimum salary at any level of training and service, the base of one hundred per cent shall be the base amount. The percentages used in this section show the relationships between the minimum salaries required by this section and the base amount and shall not be construed as requiring any school district or educational service center to adopt a schedule containing salaries in excess of the amounts set forth in this section for corresponding levels of training and experience.
As used in this division:
(1) "Base amount" means thirty thousand dollars.
(2) "Five years of training" means at least one hundred fifty semester hours, or the equivalent, and a bachelor's degree from a recognized college or university.
(D) For purposes of this section, all credited training shall be from a recognized college or university.
Sec. 3317.14. Any school district board of education or educational service center governing board participating in funds distributed under Chapter 3317. of the Revised Code shall annually adopt a teachers' salary schedule with provision for increments based upon training and years of service. Notwithstanding sections 3317.13 and 3319.088 of the Revised Code, the board may establish its own service requirements and may grant service credit for such activities as teaching in public or nonpublic schools in this state or in another state, for service as an educational assistant other than as a classroom aide employed in accordance with section 5107.541 of the Revised Code, and for service in the military or in an appropriate state or federal governmental agency, provided no teacher receives less than the amount required to be paid pursuant to section 3317.13 of the Revised Code and provided full credit for a minimum of five years of actual teaching and military experience as defined in division (A) of section 3317.13 of the Revised Code is given to each teacher.
Each
teacher who has completed training which would qualify such teacher
for a higher salary bracket pursuant to this section shall file by
the fifteenth day of September with the treasurer of the board of
education or educational service center satisfactory evidence of the
completion of such additional training. The treasurer shall then
immediately place the teacher, pursuant to this section and section
3317.13 of the Revised Code, in the proper salary bracket in
accordance with training and years of service before certifying such
salary, training, and years of service to the superintendent
of public instructiondepartment
of education and workforce.
No teacher shall be paid less than the salary to which such teacher
is entitled pursuant to section 3317.13 of the Revised Code.
Sec.
3317.141. The
board of education of any city, exempted village, local, or joint
vocational school district that is the recipient of moneys from a
grant awarded under the federal race to the top program, Division
(A), Title XIV, Sections 14005 and 14006 of the "American
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123
Stat. 115, shall comply with this section in accordance with the
timeline contained in the board's scope of work, as approved by the
superintendent
of public instructiondirector
of education and workforce,
and shall not be subject to sections 3317.13 and 3317.14 of the
Revised Code. The board of education of any other school district,
and the governing board of each educational service center, shall
comply with either this section or sections 3317.13 and 3317.14 of
the Revised Code.
(A) The board annually shall adopt a salary schedule for teachers based upon performance as described in division (B) of this section.
(B) For purposes of the schedule, a board shall measure a teacher's performance by considering all of the following:
(1) The level of license issued under section 3319.22 of the Revised Code that the teacher holds;
(2) Whether the teacher is a properly certified or licensed teacher, as defined in section 3319.074 of the Revised Code;
(3) Ratings received by the teacher on performance evaluations conducted under section 3319.111 of the Revised Code.
(C) The schedule shall provide for annual adjustments based on performance on the evaluations conducted under section 3319.111 of the Revised Code. The annual performance-based adjustment for a teacher rated as accomplished shall be greater than the annual performance-based adjustment for a teacher rated as skilled.
(D) The salary schedule adopted under this section may provide for additional compensation for teachers who agree to perform duties, not contracted for under a supplemental contract, that the employing board determines warrant additional compensation. Those duties may include, but are not limited to, assignment to a school building eligible for funding under Title I of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.; assignment to a building in "school improvement" status under the "No Child Left Behind Act of 2001," as defined in section 3302.01 of the Revised Code; teaching in a grade level or subject area in which the board has determined there is a shortage within the district or service center; or assignment to a hard-to-staff school, as determined by the board.
Sec. 3317.15. (A) As used in this section, "child with a disability" has the same meaning as in section 3323.01 of the Revised Code.
(B)
Each city, exempted village, local, and joint vocational school
district shall continue to comply with all requirements of federal
statutes and regulations, the Revised Code, and rules adopted by the
state
board department
of
education and
workforce governing
education of children with disabilities, including, but not limited
to, requirements that children with disabilities be served by
appropriately licensed or certificated education personnel.
(C) Each city, exempted village, local, and joint vocational school district shall consult with the educational service center serving the county in which the school district is located and, if it elects to participate pursuant to section 5126.04 of the Revised Code, the county board of developmental disabilities of that county, in providing services that serve the best interests of children with disabilities.
(D)
Each school district shall annually provide documentation to the
department
of
education
that
it employs the appropriate number of licensed or certificated
personnel to serve the district's students with disabilities.
(E) The department annually shall audit a sample of school districts to ensure that children with disabilities are being appropriately reported.
(F)
Each school district shall provide speech-language pathology services
at a ratio of one speech-language pathologist per two thousand
students receiving any educational services from the district other
than adult education. Each district shall provide school
psychological services at a ratio of one school psychologist per two
thousand five hundred students receiving any educational services
from the district other than adult education. A district may obtain
the services of speech-language pathologists and school psychologists
by any means permitted by law, including contracting with an
educational service center. If, however, a district is unable to
obtain the services of the required number of speech-language
pathologists or school psychologists, the district may request from
the superintendent
of public instructiondepartment,
and the superintendent
department
may
grant, a waiver of this provision for a period of time established by
the superintendentdepartment.
Sec. 3317.16. The department of education and workforce shall compute and distribute state core foundation funding to each funding unit that is a joint vocational school district for the fiscal year as follows:
For fiscal years 2022 and 2023:
The district's funding base + [(the district's state core foundation funding components for that fiscal year calculated under divisions (A)(1), (2), (4), (5), and (6) of this section - the district's general funding base) X the district's general phase-in percentage for that fiscal year] + [(the district's disadvantaged pupil impact aid for that fiscal year calculated under division (A)(3) of this section - the district's disadvantaged pupil impact aid funding base) X the district's phase-in percentage for disadvantaged pupil impact aid for that fiscal year]
For fiscal year 2024 and each fiscal year thereafter, the sum of the district's state core foundation funding components for that fiscal year calculated under divisions (A)(1), (2), (3), (4), (5), and (6) of this section.
(A) A district's state core foundation funding components shall be all of the following:
(1) The district's state share of the base cost, which is equal to the following:
(a) For fiscal years 2022 and 2023, an amount calculated according to the following formula:
(The district's base cost calculated under section 3317.012 of the Revised Code) - (0.0005 X the lesser of the district's three-year average valuation or the district's most recent valuation)
However, no district shall receive an amount under division (A)(1) of this section that is less than 0.05 times the base cost calculated for the district under section 3317.012 of the Revised Code.
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(2) Additional state aid for special education and related services provided under Chapter 3323. of the Revised Code calculated as follows:
(a) For fiscal years 2022 and 2023, the sum of the following:
(i) The district's category one special education ADM X the multiple specified in division (A) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(ii) The district's category two special education ADM X the multiple specified in division (B) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(iii) The district's category three special education ADM X the multiple specified in division (C) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(iv) The district's category four special education ADM X the multiple specified in division (D) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(v) The district's category five special education ADM X the multiple specified in division (E) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(vi) The district's category six special education ADM X the multiple specified in division (F) of section 3317.013 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage.
(b) For fiscal year 2024 and each fiscal year thereafter, the sum of the following:
(i) An amount calculated in a manner determined by the general assembly times the funding unit's category one special education ADM;
(ii) An amount calculated in a manner determined by the general assembly times the funding unit's category two special education ADM;
(iii) An amount calculated in a manner determined by the general assembly times the funding unit's category three special education ADM;
(iv) An amount calculated in a manner determined by the general assembly times the funding unit's category four special education ADM;
(v) An amount calculated in a manner determined by the general assembly times the funding unit's category five special education ADM;
(vi) An amount calculated in a manner determined by the general assembly times the funding unit's category six special education ADM.
(3) Disadvantaged pupil impact aid calculated as follows:
(a) For fiscal years 2022 and 2023, an amount calculated according to the following formula:
$422 X the district's economically disadvantaged index X the number of students who are economically disadvantaged as certified under division (D)(2)(p) of section 3317.03 of the Revised Code
(b) For fiscal year 2024 and each fiscal year thereafter, an amount calculated in a manner determined by the general assembly.
(4) English learner funds calculated as follows:
(a) For fiscal years 2022 and 2023, the sum of the following:
(i) The district's category one English learner ADM X the multiple specified in division (A) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(ii) The district's category two English learner ADM X the multiple specified in division (B) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage;
(iii) The district's category three English learner ADM X the multiple specified in division (C) of section 3317.016 of the Revised Code X the statewide average base cost per pupil for that fiscal year X the district's state share percentage.
(b) For fiscal year 2024 and each fiscal year thereafter, the sum of the following:
(i) An amount calculated in a manner determined by the general assembly times the funding unit's category one English learner ADM;
(ii) An amount calculated in a manner determined by the general assembly times the funding unit's category two English learner ADM;
(iii) An amount calculated in a manner determined by the general assembly times the funding unit's category three English learner ADM.
(5) Career-technical education funds calculated under division (C) of section 3317.014 of the Revised Code.
(6) Career-technical education associated services funds calculated under division (D) of section 3317.014 of the Revised Code.
(B)(1)
If a joint vocational school district's costs for a fiscal year for a
student in its categories two through six special education ADM
exceed the threshold catastrophic cost for serving the student, as
specified in division (B) of section 3317.0214 of the Revised Code,
the district may submit to the superintendent
of public instruction department
documentation,
as prescribed by the superintendentdepartment,
of all of its costs for that student. Upon submission of
documentation for a student of the type and in the manner prescribed,
the department shall pay to the district an amount equal to the sum
of the following:
(a) One-half of the district's costs for the student in excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the student in excess of the threshold catastrophic cost multiplied by the district's state share percentage.
(2) The district shall report under division (B)(1) of this section, and the department shall pay for, only the costs of educational expenses and the related services provided to the student in accordance with the student's individualized education program. Any legal fees, court costs, or other costs associated with any cause of action relating to the student may not be included in the amount.
(C)(1) For each student with a disability receiving special education and related services under an individualized education program, as defined in section 3323.01 of the Revised Code, at a joint vocational school district, the resident district or, if the student is enrolled in a community school, the community school shall be responsible for the amount of any costs of providing those special education and related services to that student that exceed the sum of the amount calculated for those services attributable to that student under division (A) of this section.
Those excess costs shall be calculated using a formula approved by the department.
(2)
The board of education of the joint vocational school district may
report the excess costs calculated under division (C)(1) of this
section to the department
of
education.
(3) If the board of education of the joint vocational school district reports excess costs under division (C)(2) of this section, the department shall pay the amount of excess cost calculated under division (C)(2) of this section to the joint vocational school district and shall deduct that amount as provided in division (C)(3)(a) or (b) of this section, as applicable:
(a) If the student is not enrolled in a community school, the department shall deduct the amount from the account of the student's resident district pursuant to division (J) of section 3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the department shall deduct the amount from the account of the community school pursuant to section 3314.083 of the Revised Code.
(D) A joint vocational school district shall spend the funds it receives under division (A)(3) of this section in accordance with section 3317.25 of the Revised Code.
(E) For fiscal years 2022 and 2023, a school district shall spend the funds it receives under division (A)(4) of this section only for services for English learners.
(F) As used in this section:
(1) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(2) "Resident district" means the city, local, or exempted village school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
Sec. 3317.161. (A) As used in this section, "lead district" has the same meaning as in section 3317.023 of the Revised Code.
(B)(1) A career-technical education program of a city, local, or exempted village school district, community school, or STEM school shall be subject to approval under this section in order for the district or school to qualify for state funding for the program. Approval granted under this section shall be valid for the five fiscal years following the fiscal year in which the program is approved and may be renewed. Approval shall be subject to annual review under division (E) of this section.
(2) If a district or school becomes a new member of a career-technical planning district, its career-technical education programs shall be approved or disapproved by the lead district of the career-technical planning district during the fiscal year in which the district or school becomes a member of the career-technical planning district. Any program of the district or school that was approved by the department of education and workforce for an approval period that includes the fiscal year in which the district or school becomes a new member of the career-technical planning district shall retain its approved status during that fiscal year.
(3) If an existing member of a career-technical planning district develops a new career-technical education program, that program shall be approved or disapproved by the lead district of the career-technical planning district prior to the first fiscal year for which the district or school is seeking funding for the program.
(4) Except as provided in division (B)(2) of this section, if a career-technical education program was approved by the department prior to September 29, 2013, that approval remains valid for the unexpired remainder of the approval period specified by the department. Approval of that program may then be renewed in accordance with this section on a date prior to the expiration of the approval period.
(C)(1) The lead district of a career-technical planning district shall approve or disapprove for a five-year period each career-technical education program of the city, local, and exempted village school districts, community schools, and STEM schools that are assigned by the department to the career-technical planning district. The lead district's decision to approve or disapprove a program shall be based on requirements for career-technical education programs that are specified in rules adopted by the department. These requirements shall include, but are not limited to, all of the following:
(a) Demand for the career-technical education program by industries in the state;
(b) Quality of the program;
(c) Potential for a student enrolled in the program to receive the training that will qualify the student for industry credentials or post-secondary education;
(d) Admission requirements of the lead district;
(e) Past performance of the district or school that is offering the program;
(f) Traveling distance;
(g) Sustainability;
(h) Capacity;
(i) Availability of the program within the career-technical planning district;
(j) In the case of a new program, the cost to begin the program.
(2) The lead district shall approve or disapprove each program not later than the first day of March prior to the first fiscal year for which the district or school is seeking funding for the program. If a program is approved, the lead district shall notify the department of its decision. If a program is disapproved, the lead district shall notify the district or school of its decision.
If the lead district disapproves the program or does not take any action to approve or disapprove the program by the first day of March, the district or school may appeal the lead district's decision or failure to take action to the department by the fifteenth day of March.
(D)(1) Upon receiving notification of a lead district's approval of a district's or school's career-technical education program, the department shall review the lead district's decision and determine whether to approve or disapprove the program not later than the fifteenth day of May prior to the first fiscal year for which the district or school is seeking funding for the program. The department shall notify the district or school and the lead district of the district's or school's career-technical planning district of its determination.
(2) Upon receiving an appeal from a district or school of a lead district's disapproval of a career-technical education program or failure to take action to approve or disapprove the program, the department shall review the lead district's disapproval or failure to take action. The department shall decide whether to approve or disapprove the program as a result of this review not later than the fifteenth day of May prior to the first fiscal year for which the district or school is seeking funding for the program. The department shall notify the lead district and the appealing district or school of its determination.
(3) In conducting a review under division (D)(1) or (2) of this section, the department shall consider the criteria prescribed under division (C)(1) of this section.
(4) If the department approves a program under division (D)(1) or (2) of this section, it shall authorize the payment to the district or school of the funds attributed to the career-technical students enrolled in that program in the next fiscal year according to a payment schedule prescribed by the department.
(5) The department's decisions under divisions (D)(1) and (2) of this section shall be final and not appealable.
(6)
The superintendent
of public instruction director
of education and workforce may
adopt guidelines identifying circumstances in which the department
may, after consulting with a lead district, approve or disapprove a
program that has been approved or disapproved by the lead district
after the deadline prescribed in division (D)(1) or (2) of this
section has passed.
(E) The department and the lead district of each career-technical planning district shall conduct an annual review of each career-technical education program in the lead district's career-technical planning district that receives approval under this section. Continued funding of the program during the five-year approval period shall be subject to the school's compliance with any directives for performance improvement that are issued by the department or the lead district as a result of any review conducted under this section.
Sec. 3317.162. (A) For fiscal years 2022 and 2023, the department of education and workforce shall pay temporary transitional aid to each joint vocational school district according to the following formula:
(The district's funding base, as that term is defined in section 3317.02 of the Revised Code) – (the district's payment under section 3317.16 of the Revised Code for the fiscal year for which the payment is computed)
If the computation made under division (A) of this section results in a negative number, the district's funding under division (A) of this section shall be zero.
(B) If a joint vocational school district begins receiving payments under section 3317.16 of the Revised Code for fiscal year 2022 or fiscal year 2023 but does not receive payments for the fiscal year immediately preceding that fiscal year, the department shall establish the district's funding base, as that term is defined in section 3317.02 of the Revised Code, as an amount equal to the absolute value of the sum of the associated adjustments of any local school district's funding base under division (C) of section 3317.019 of the Revised Code.
Sec. 3317.164. (A) As used in this section, "JobsOhio" has the same meaning as in section 187.01 of the Revised Code.
(B) The governor's office of workforce transformation, in collaboration with the department of education and workforce, the chancellor of higher education, and JobsOhio, shall create a program that establishes financial incentives for Ohio businesses to provide work-based learning experiences for students enrolled in a career-technical education program approved under section 3317.161 of the Revised Code.
(C) To qualify for the financial incentives of the program created under this section, a business's work-based learning experiences shall align with the framework developed by the department under division (J)(3) of section 3313.603 of the Revised Code and with the applicable minor labor laws under section 4109.02 of the Revised Code.
Sec. 3317.18. (A) As used in this section, the terms "Chapter 133. securities," "credit enhancement facilities," "debt charges," "general obligation," "legislation," "public obligations," and "securities" have the same meanings as in section 133.01 of the Revised Code.
(B)
The board of education of any school district authorizing the
issuance of securities under section 133.10 or 3313.372 of the
Revised Code or general obligation Chapter 133. securities may adopt
legislation requesting the state
department
of education
and
workforce
to
approve, and enter into an agreement with the school district and the
primary paying agent or fiscal agent for such securities providing
for, the withholding and deposit of funds, otherwise due the district
under Chapter 3317. of the Revised Code, for the payment of debt
service charges on such securities.
The
board of education shall deliver to the state department a copy of
such resolution and any additional pertinent information the state
department
may require.
The
department of
education and
the office of budget and management shall evaluate each request
received from a school district under this section and the
department, with the advice and consent of the director of budget and
management, shall approve or deny each request based on all of the
following:
(1) Whether approval of the request will enhance the marketability of the securities for which the request is made;
(2) Any other pertinent factors or limitations established in rules made under division (I) of this section, including:
(a) Current and projected obligations of funds due to the requesting school district under Chapter 3317. of the Revised Code including obligations of those funds to public obligations or relevant credit enhancement facilities under this section, Chapter 133. and section 3313.483 of the Revised Code, and under any other similar provisions of law;
(b) Whether the department of education and workforce or the office of budget and management has any reason to believe the requesting school district will be unable to pay when due the debt charges on the securities for which the request is made.
The department may require a school district to establish schedules for the payment of all debt charges that take into account the amount and timing of anticipated distributions of funds to the district under Chapter 3317. of the Revised Code.
(C) If the department approves the request of a school district to withhold and deposit funds pursuant to this section, the department shall enter into a written agreement with the district and the primary paying agent or fiscal agent for the securities which shall provide for the withholding of funds pursuant to this section for the payment of debt charges on those securities, and may include both of the following:
(1) Provisions for certification by the district to the department, at a time prior to any date for the payment of applicable debt charges, whether the district is able to pay those debt charges when due;
(2) Requirements that the district deposit amounts for the payment of debt charges on the securities with the primary paying agent or fiscal agent for the securities prior to the date on which those debt charge payments are due to the owners or holders of the securities.
(D)
Whenever a district notifies the department
of
education
that
it will be unable to pay debt charges when they are due, subject to
the withholding provisions of this section, or whenever the
applicable paying agent or fiscal agent notifies the department that
it has not timely received from a school district the full amount
needed for the payment when due of those debt charges to the holders
or owners of such securities, the department shall immediately
contact the school district and the paying agent or fiscal agent to
confirm or determine whether the district is unable to make the
required payment by the date on which it is due.
Upon
demand of the treasurer of state while holding a school district
obligation purchased under division (G)(1) of section 135.143 of the
Revised Code, the state
department
of
education,
without a request of the school district, shall withhold and deposit
funds pursuant to this section for payment of debt service charges on
that obligation.
If the department confirms or determines that the district will be unable to make such payment and payment will not be made pursuant to a credit enhancement facility, the department shall promptly pay to the applicable primary paying agent or fiscal agent the lesser of the amount due for debt charges or the amount due the district for the remainder of the fiscal year under Chapter 3317. of the Revised Code. If this amount is insufficient to pay the total amount then due the agent for the payment of debt charges, the department shall pay to the agent each fiscal year thereafter, and until the full amount due the agent for unpaid debt charges is paid in full, the lesser of the remaining amount due the agent for debt charges or the amount due the district for the fiscal year under Chapter 3317. of the Revised Code.
(E)
The state
department
may make any payments under this division by direct deposit of funds
by electronic transfer.
Any amount received by a paying agent or fiscal agent under this section shall be applied only to the payment of debt charges on the securities of the school district subject to this section or to the reimbursement to the provider of a credit enhancement facility that has paid such debt charges.
(F) To the extent a school district whose securities are subject to this section is unable to pay applicable debt charges because of the failure to collect property taxes levied for the payment of those debt charges, the district may transfer to or deposit into any fund that would have received payments under Chapter 3317. of the Revised Code that were withheld under this section any such delinquent property taxes when later collected, provided that transfer or deposit shall be limited to the amounts withheld from that fund under this section.
(G) The department may make payments under this section to paying agents or fiscal agents only from and to the extent that money is appropriated by the general assembly for Chapter 3317. of the Revised Code or for the purposes of this section. No securities of a school district to which this section is made applicable constitute an obligation or a debt or a pledge of the faith, credit, or taxing power of the state, and the holders or owners of such securities have no right to have taxes levied or appropriations made by the general assembly for the payment of debt charges on those securities, and those securities, if the department requires, shall contain a statement to that effect. The agreement for or the actual withholding and payment of moneys under this section does not constitute the assumption by the state of any debt of a school district.
(H) In the case of securities subject to the withholding provisions of this section, the issuing board of education shall appoint a paying agent or fiscal agent who is not an officer or employee of the school district.
(I)
The department
of
education,
with the advice of the office of budget and management, may adopt
reasonable rules not inconsistent with this section for the
implementation of this section and division (B) of section 133.25 of
the Revised Code as it relates to the withholding and depositing of
payments under Chapter 3317. of the Revised Code to secure payment of
debt charges on school district securities. Those rules shall include
criteria for the evaluation and approval or denial of school district
requests for withholding under this section and limits on the
obligation for the purpose of paying debt charges or reimbursing
credit enhancement facilities of funds otherwise to be paid to school
districts under Chapter 3317. of the Revised Code.
(J) The authority granted by this section is in addition to and not a limitation on any other authorizations granted by or pursuant to law for the same or similar purposes.
Sec.
3317.19. The
state
board department
of
education
and
workforce
shall
compute and distribute to each cooperative education school district
for each fiscal year an amount equal to the sum of the following:
(A) An amount equal to the total of the amounts credited to the cooperative education school district pursuant to division (H) of section 3317.023 of the Revised Code;
(B) An amount for assisting in providing free lunches to needy children pursuant to division (D) of section 3317.024 of the Revised Code.
Sec. 3317.201. This section does not apply to preschool children with disabilities.
(A) As used in this section, the "total special education amount" for an institution means the following:
(1) For fiscal years 2022 and 2023, the sum of the following amounts:
(a) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (A) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil;
(b) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (B) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil;
(c) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (C) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil;
(d) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (D) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil;
(e) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (E) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil;
(f) The number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (F) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division multiplied by the statewide average base cost per pupil.
(2) For fiscal year 2024 and each fiscal year thereafter, the sum of the following amounts:
(a) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (A) of section 3317.013 of the Revised Code;
(b) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (B) of section 3317.013 of the Revised Code;
(c) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (C) of section 3317.013 of the Revised Code;
(d) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (D) of section 3317.013 of the Revised Code;
(e) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (E) of section 3317.013 of the Revised Code;
(f) An amount calculated in a manner determined by the general assembly times the number of children certified by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a disability described in division (F) of section 3317.013 of the Revised Code.
(B) For each fiscal year, the department of education and workforce shall pay each state institution required to provide special education services under division (A) of section 3323.091 of the Revised Code an amount equal to the institution's total special education amount.
Sec.
3317.23. (A)
For purposes of this section;:
(1) "Competency-based educational program" means any system of academic instruction, assessment, grading, and reporting where students receive credit based on demonstrations and assessments of their learning rather than the amount of time they spend studying a subject. A competency-based educational program shall encourage accelerated learning among students who master academic materials quickly while providing additional instructional support time for students who need it.
(2) An "eligible individual" is an individual who satisfies both of the following criteria:
(a) The individual is at least twenty-two years of age.
(b) The individual has not been awarded a high school diploma or a certificate of high school equivalence as defined in section 4109.06 of the Revised Code.
(B) An eligible individual may enroll in a city, local, or exempted village school district that operates a dropout prevention and recovery program for up to two consecutive school years for the purpose of earning a high school diploma. An individual enrolled under this division may elect to satisfy the requirements to earn a high school diploma by successfully completing a competency-based educational program that complies with the standards adopted by the department of education and workforce under section 3317.231 of the Revised Code. The district shall report that individual's enrollment on a full-time equivalency basis under division (A) of section 3317.036 of the Revised Code and shall not report that individual's enrollment under section 3317.03 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(C)(1) For each district that enrolls individuals under division (B) of this section, the department annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the district under division (A) of section 3317.036 of the Revised Code.
(2) For each individual enrolled in a district under division (B) of this section, the department annually shall pay the district up to $5,000, as determined by the department based on the extent of the individual's successful completion of the graduation requirements prescribed under sections 3313.603, 3313.61, 3313.611, and 3313.614 of the Revised Code.
(D) A district that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the department under section 3317.231 of the Revised Code, as applicable.
Sec. 3317.231. The department of education and workforce shall adopt rules regarding the administration of programs that enroll individuals who are at least twenty-two years of age under sections 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised Code, including data collection, the reporting and certification of enrollment in the programs, the measurement of the academic performance of individuals enrolled in the programs, and the standards for competency-based educational programs, as defined in section 3317.23 of the Revised Code.
Sec. 3317.24. (A) For purposes of this section, "competency-based educational program" and "eligible individual" have the same meanings as in section 3317.23 of the Revised Code.
(B) An eligible individual may enroll in a joint vocational school district that operates an adult education program for up to two cumulative school years for the purpose of completing the requirements to earn a high school diploma. An individual enrolled under this division may elect to satisfy these requirements by successfully completing a competency-based educational program that complies with the standards adopted by the department of education and workforce under section 3317.231 of the Revised Code. The district shall report an individual's enrollment under this division on a full-time equivalency basis under division (B) of section 3317.036 of the Revised Code and shall not report that individual's enrollment under section 3317.03 of the Revised Code. An individual enrolled under this division shall not be assigned to classes or settings with students who are younger than eighteen years of age.
(C)(1) For each joint vocational school district that enrolls individuals under division (B) of this section, the department annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the district under division (B) of section 3317.036 of the Revised Code.
(2) For each individual enrolled in a joint vocational school district under division (B) of this section, the department annually shall pay the district up to $5,000, as determined by the department based on the extent of the individual's successful completion of the graduation requirements prescribed under sections 3313.603, 3313.61, 3313.611, and 3313.614 of the Revised Code.
(D) If an individual enrolled in a joint vocational school district under division (B) of this section completes the requirements to earn a high school diploma, the joint vocational school district shall certify the completion of those requirements to the city, local, or exempted village school district in which the individual resides. Upon receiving certification under this division, the city, local, or exempted village school district in which the individual resides shall issue a high school diploma to the individual within sixty days of receiving the certification.
(E) A joint vocational school district that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the department under section 3317.231 of the Revised Code, as applicable.
Sec. 3317.25. (A) As used in this section, "disadvantaged pupil impact aid" means the following:
(1) For a city, local, or exempted village school district, the funds received under division (A)(4)(a) of section 3317.022 of the Revised Code;
(2) For a joint vocational school district, the funds received under division (A)(3) of section 3317.16 of the Revised Code;
(3) For a community school established under Chapter 3314. of the Revised Code, the funds received under division (A)(4)(b) of section 3317.022 of the Revised Code;
(4) For a STEM school established under Chapter 3326. of the Revised Code, the funds received under division (A)(4)(b) of section 3317.022 of the Revised Code.
(B)(1) For fiscal years 2022 and 2023, a city, local, exempted village, or joint vocational school district, community school, or STEM school shall spend the disadvantaged pupil impact aid it receives for any of the following initiatives or a combination of any of the following initiatives:
(a) Extended school day and school year;
(b) Reading improvement and intervention;
(c) Instructional technology or blended learning;
(d) Professional development in reading instruction for teachers of students in kindergarten through third grade;
(e) Dropout prevention;
(f) School safety and security measures;
(g) Community learning centers that address barriers to learning;
(h) Academic interventions for students in any of grades six through twelve;
(i) Employment of an individual who has successfully completed the bright new leaders for Ohio schools program as a principal or an assistant principal under section 3319.272 of the Revised Code;
(j) Mental health services, including telehealth services;
(k) Culturally appropriate, evidence-based or evidence-informed prevention education, including youth-led programming and social and emotional learning curricula to promote mental health and prevent substance use and suicide;
(l) Services for homeless youth;
(m) Services for child welfare involved youth;
(n) Community liaisons or programs that connect students to community resources, including city connects, communities in schools, and other similar programs;
(o) Physical health care services, including telehealth services;
(p) Family engagement and support services;
(q) Student services provided prior to or after the regularly scheduled school day or any time school is not in session, including mentoring programs.
(2) For fiscal year 2024 and each fiscal year thereafter, each city, local, exempted village, and joint vocational school district, community school, and STEM school shall spend the disadvantaged pupil impact aid it receives for one or more initiatives specified by the general assembly.
(C)(1) For fiscal years 2022 and 2023, each city, local, exempted village, and joint vocational school district, community school, and STEM school that is subject to the requirements of this section shall develop a plan for utilizing the disadvantaged pupil impact aid it receives in coordination with at least one of the following community partners:
(a) A board of alcohol, drug addiction, and mental health services established under Chapter 340. of the Revised Code;
(b) An educational service center;
(c) A county board of developmental disabilities;
(d) A community-based mental health treatment provider;
(e) A board of health of a city or general health district;
(f) A county department of job and family services;
(g) A nonprofit organization with experience serving children;
(h) A public hospital agency.
(2) For fiscal year 2024 and each fiscal year thereafter, each city, local, exempted village, and joint vocational school district, community school, and STEM school that is subject to the requirements of this section shall develop a plan for utilizing the disadvantaged pupil impact aid it receives in the manner specified by the general assembly, if the general assembly requires city, local, exempted village, and joint vocational school districts, community schools, and STEM schools to develop such a plan.
(D) After the end of each fiscal year, each city, local, exempted village, or joint vocational school district, community school, and STEM school shall submit a report to the department of education and workforce describing the initiative or initiatives on which the district's or school's disadvantaged pupil impact aid were spent during that fiscal year. For fiscal years 2022 and 2023, this report shall be submitted in a manner prescribed by the department and shall also describe the amount of money that was spent on each initiative.
(E) Starting in 2015, the department shall submit a report of the information it receives under division (C) of this section to the general assembly not later than the first day of December of each odd-numbered year in accordance with section 101.68 of the Revised Code.
Sec. 3317.40. (A) As used in this section, "subgroup" means one of the following subsets of the entire student population of a school district or a school building:
(1) Students with disabilities;
(2) Economically disadvantaged students;
(3) English learners;
(4) Students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code.
(B) It is the intent of the general assembly that funds provided under this chapter shall be used for the provision of a system of common schools and the advancement of the knowledge of all students. As such, school districts and schools shall be held accountable for those funds to ensure that all students are provided an opportunity to graduate from high school prepared for a career or for post-secondary education.
(C) When funds are provided under this chapter specifically for services for a subgroup of students, the general assembly has determined that these students experience unique challenges requiring additional resources and intends that the funds so provided be used for services that will allow students in those subgroups to master the knowledge base required for high school graduation.
(D)
If a district or school fails to show satisfactory achievement and
progress, as determined by the state
board department
of
education
and
workforce,
for any subgroup of students based on performance measures reported
or graded under section 3302.03 of the Revised Code, the district or
school shall submit an improvement plan to the department for
approval. The plan may be included in any other improvement plan
required of the district or school under state or federal law. The
department may require that a plan required under division (C) of
this section include an agreement to partner with another
organization that has demonstrated the ability to improve the
educational outcome for that subgroup of students to provide services
to those students. The partner organization may be another school,
district, or other education provider.
Not
later than December 31, 2014, the state board of education The
department shall
establish measures of satisfactory achievement and progress, which
include, but are not limited to, performance measures under section
3302.03 of the Revised Code. The department shall make the initial
determination of satisfactory achievement and progress under this
section using those measures not later than September 1, 2015, and
then make determinations under this section annually thereafter.
The department shall publish a list of schools, school districts, and other educational providers that have demonstrated an ability to serve each subgroup of students.
Sec.
3317.50. The
telecommunity education fund is hereby created in the state treasury.
The fund shall consist of certain excess local exchange telephone
company contributions transferred from the reserve fund of the Ohio
telecommunications advisory board pursuant to an agreement between
the public utilities commission of Ohio and the Ohio department of
education
and
workforce.
The fund shall be used by the chancellor of the
Ohio board of regentshigher
education,
in the amounts appropriated, to finance technology grants to
state-chartered elementary and secondary schools. Investment earnings
of the fund shall be credited to the fund.
Sec.
3317.51. (A)
The distance learning fund is hereby created in the state treasury.
The fund shall consist of moneys paid by any telephone company as a
part of a settlement agreement between such company and the public
utilities commission in fiscal year 1995 in part to establish
distance learning throughout the state. The chancellor of the
Ohio board of regents higher
education shall
administer the fund and expend moneys from it to finance technology
grants to eligible schools chartered by the state
board director
of
education
and
workforce
to
establish distance learning in those schools. Chartered schools are
eligible for funds if they are within the service area of the
telephone company. Investment earnings of the fund shall be credited
to the fund.
(B) For purposes of this section, "distance learning" means the creation of a learning environment involving a school setting and at least one other location outside of the school which allows for information available at one site to be accessed at the other through the use of such educational applications as one-way or two-way transmission of data, voice, and video, singularly or in appropriate combinations.
Sec. 3318.011. For purposes of providing assistance under sections 3318.01 to 3318.20 of the Revised Code, the department of education and workforce shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each city, local, and exempted village school district according to the following formula:
The district's valuation per pupil - [$30,000 X (1 - the district's income factor)].
For purposes of this calculation:
(1) Except for a district with an open enrollment net gain that is ten per cent or more of its formula ADM, "valuation per pupil" for a district means its average taxable value, divided by its formula ADM for the previous fiscal year. "Valuation per pupil," for a district with an open enrollment net gain that is ten per cent or more of its formula ADM, means its average taxable value, divided by the sum of its formula ADM for the previous fiscal year plus its open enrollment net gain for the previous fiscal year.
(2) "Average taxable value" means the average of the sum of the amounts certified for a district under divisions (A)(1) and (2) of section 3317.021 of the Revised Code in the second, third, and fourth preceding fiscal years.
(3) "Entitled to attend school" means entitled to attend school in a city, local, or exempted village school district under section 3313.64 or 3313.65 of the Revised Code.
(4) "Formula ADM" has the same meaning as in section 3317.02 of the Revised Code.
(5) "Native student" has the same meaning as in section 3313.98 of the Revised Code.
(6) "Open enrollment net gain" for a district means (a) the number of the students entitled to attend school in another district but who are enrolled in the schools of the district under its open enrollment policy minus (b) the number of the district's native students who are enrolled in the schools of another district under the other district's open enrollment policy, both numbers as certified to the department under section 3313.981 of the Revised Code. If the difference is a negative number, the district's "open enrollment net gain" is zero.
(7) "Open enrollment policy" means an interdistrict open enrollment policy adopted under section 3313.98 of the Revised Code.
(8) "District median income" means the median Ohio adjusted gross income certified for a school district under section 3317.021 of the Revised Code.
(9) "Statewide median income" means the median district median income of all city, exempted village, and local school districts in the state.
(10) "Income factor" for a city, exempted village, or local school district means the quotient obtained by dividing that district's median income by the statewide median income.
(B) Calculate for each district the three-year average of the adjusted valuations per pupil calculated for the district for the current and two preceding fiscal years;
(C) Rank all such districts in order of adjusted valuation per pupil from the district with the lowest three-year average adjusted valuation per pupil to the district with the highest three-year average adjusted valuation per pupil;
(D) Divide such ranking into percentiles with the first percentile containing the one per cent of school districts having the lowest three-year average adjusted valuations per pupil and the one-hundredth percentile containing the one per cent of school districts having the highest three-year average adjusted valuations per pupil;
(E) Determine the school districts that have three-year average adjusted valuations per pupil that are greater than the median three-year average adjusted valuation per pupil for all school districts in the state;
(F) On or before the first day of September, certify the information described in divisions (A) to (E) of this section to the Ohio facilities construction commission.
Sec. 3318.033. (A) As used in this section:
(1) "Formula ADM" has the same meaning as in section 3317.02 of the Revised Code.
(2) "Open enrollment net gain" has the same meaning as in section 3318.011 of the Revised Code.
(B) This section applies to each school district that meets the following criteria:
(1) The Ohio facilities construction commission certified its conditional approval of the district's project under sections 3318.01 to 3318.20 of the Revised Code after July 1, 2006, and prior to September 29, 2007, and the project had not been completed as of September 29, 2007.
(2) Within one year after the date of the commission's certification of its conditional approval, the district's electors approved a bond issue to pay the district's portion of the basic project cost or the district board of education complied with section 3318.052 of the Revised Code.
(3) In the fiscal year prior to the fiscal year in which the district's project was conditionally approved, the district had an open enrollment net gain that was ten per cent or more of its formula ADM.
(C) For each school district to which this section applies, the department of education and workforce shall recalculate the district's percentile ranking under section 3318.011 of the Revised Code for the fiscal year prior to the fiscal year in which the district's project was conditionally approved and shall report the recalculated percentile ranking to the commission. For this purpose, the department shall recalculate every school district's percentile ranking for that fiscal year using the district's "valuation per pupil" as that term is defined in section 3318.011 of the Revised Code on and after September 29, 2007.
(D) For each school district to which this section applies, the commission shall use the recalculated percentile ranking reported under division (C) of this section to determine the district's portion of the basic project cost under section 3318.032 of the Revised Code. The commission shall not use the recalculated percentile ranking for any other purpose, and the recalculated ranking shall not affect any other district's portion of the basic project cost under section 3318.032 of the Revised Code or any district's eligibility for assistance under sections 3318.01 to 3318.20 of the Revised Code. The commission shall revise the agreement entered into under section 3318.08 of the Revised Code to reflect the district's new portion of the basic project cost as determined under this division.
Sec. 3318.051. (A) Any city, exempted village, or local school district that commences a project under sections 3318.01 to 3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or after September 5, 2006, need not levy the tax otherwise required under division (B) of section 3318.05 of the Revised Code, if the district board of education adopts a resolution petitioning the Ohio facilities construction commission to approve the transfer of money in accordance with this section and the commission approves that transfer. If so approved, the commission and the district board shall enter into an agreement under which the board, in each of twenty-three consecutive years beginning in the year in which the board and the commission enter into the project agreement under section 3318.08 of the Revised Code, shall transfer into the maintenance fund required by division (D) of section 3318.05 of the Revised Code not less than an amount equal to one-half mill for each dollar of the district's valuation unless and until the agreement to make those transfers is rescinded by the district board pursuant to division (F) of this section.
(B) On the first day of July each year, or on an alternative date prescribed by the commission, the district treasurer shall certify to the commission and the auditor of state that the amount required for the year has been transferred. The auditor of state shall include verification of the transfer as part of any audit of the district under section 117.11 of the Revised Code. If the auditor of state finds that less than the required amount has been deposited into a district's maintenance fund, the auditor of state shall notify the district board of education in writing of that fact and require the board to deposit into the fund, within ninety days after the date of the notice, the amount by which the fund is deficient for the year. If the district board fails to demonstrate to the auditor of state's satisfaction that the board has made the deposit required in the notice, the auditor of state shall notify the department of education and workforce. At that time, the department shall withhold an amount equal to ten per cent of the district's funds calculated for the current fiscal year under Chapter 3317. of the Revised Code until the auditor of state notifies the department that the auditor of state is satisfied that the board has made the required transfer.
(C) Money transferred to the maintenance fund shall be used for the maintenance or, upon approval of the Ohio facilities construction commission, upgrade of the facilities acquired under the district's project.
(D) The transfers to the maintenance fund under this section does not affect a district's obligation to establish and maintain a capital and maintenance fund under section 3315.18 of the Revised Code.
(E) Any decision by the commission to approve or not approve the transfer of money under this section is final and not subject to appeal. The commission shall not be responsible for errors or miscalculations made in deciding whether to approve a petition to make transfers under this section.
(F) If the district board determines that it no longer can continue making the transfers agreed to under this section, the board may rescind the agreement only so long as the electors of the district have approved, in accordance with section 3318.063 of the Revised Code, the levy of a tax for the maintenance of the classroom facilities acquired under the district's project and that levy continues to be collected as approved by the electors. That levy shall be for a number of years that is equal to the difference between twenty-three years and the number of years that the district made transfers under this section and shall be at the rate of not less than one-half mill for each dollar of the district's valuation. The district board shall continue to make the transfers agreed to under this section until that levy has been approved by the electors.
Sec. 3318.08. Except in the case of a joint vocational school district that receives assistance under sections 3318.40 to 3318.45 of the Revised Code, if the requisite favorable vote on the election is obtained, or if the school district board has resolved to apply the proceeds of a property tax levy or the proceeds of an income tax, or a combination of proceeds from such taxes, as authorized in section 3318.052 of the Revised Code, the Ohio facilities construction commission, upon certification to it of either the results of the election or the resolution under section 3318.052 of the Revised Code, shall enter into a written agreement with the school district board for the construction and sale of the project. In the case of a joint vocational school district that receives assistance under sections 3318.40 to 3318.45 of the Revised Code, if the school district board of education and the school district electors have satisfied the conditions prescribed in division (D)(1) of section 3318.41 of the Revised Code, the commission shall enter into an agreement with the school district board for the construction and sale of the project. In either case, the agreement shall include, but need not be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in anticipation thereof, as soon as practicable after the execution of the agreement, in an amount equal to the school district's portion of the basic project cost, including any securities authorized under division (J) of section 133.06 of the Revised Code and dedicated by the school district board to payment of the district's portion of the basic project cost of the project; provided, that if at that time the county treasurer of each county in which the school district is located has not commenced the collection of taxes on the general duplicate of real and public utility property for the year in which the controlling board approved the project, the school district board shall authorize the issuance of a first installment of bond anticipation notes in an amount specified by the agreement, which amount shall not exceed an amount necessary to raise the net bonded indebtedness of the school district as of the date of the controlling board's approval to within five thousand dollars of the required level of indebtedness for the preceding year. In the event that a first installment of bond anticipation notes is issued, the school district board shall, as soon as practicable after the county treasurer of each county in which the school district is located has commenced the collection of taxes on the general duplicate of real and public utility property for the year in which the controlling board approved the project, authorize the issuance of a second and final installment of bond anticipation notes or a first and final issue of bonds.
The combined value of the first and second installment of bond anticipation notes or the value of the first and final issue of bonds shall be equal to the school district's portion of the basic project cost. The proceeds of any such bonds shall be used first to retire any bond anticipation notes. Otherwise, the proceeds of such bonds and of any bond anticipation notes, except the premium and accrued interest thereon, shall be deposited in the school district's project construction fund. In determining the amount of net bonded indebtedness for the purpose of fixing the amount of an issue of either bonds or bond anticipation notes, gross indebtedness shall be reduced by moneys in the bond retirement fund only to the extent of the moneys therein on the first day of the year preceding the year in which the controlling board approved the project. Should there be a decrease in the tax valuation of the school district so that the amount of indebtedness that can be incurred on the tax duplicates for the year in which the controlling board approved the project is less than the amount of the first installment of bond anticipation notes, there shall be paid from the school district's project construction fund to the school district's bond retirement fund to be applied against such notes an amount sufficient to cause the net bonded indebtedness of the school district, as of the first day of the year following the year in which the controlling board approved the project, to be within five thousand dollars of the required level of indebtedness for the year in which the controlling board approved the project. The maximum amount of indebtedness to be incurred by any school district board as its share of the cost of the project is either an amount that will cause its net bonded indebtedness, as of the first day of the year following the year in which the controlling board approved the project, to be within five thousand dollars of the required level of indebtedness, or an amount equal to the required percentage of the basic project costs, whichever is greater. All bonds and bond anticipation notes shall be issued in accordance with Chapter 133. of the Revised Code, and notes may be renewed as provided in section 133.22 of the Revised Code.
(B) The transfer of such funds of the school district board available for the project, together with the proceeds of the sale of the bonds or notes, except premium, accrued interest, and interest included in the amount of the issue, to the school district's project construction fund;
(C) For all school districts except joint vocational school districts that receive assistance under sections 3318.40 to 3318.45 of the Revised Code, the following provisions as applicable:
(1) If section 3318.052 of the Revised Code applies, the earmarking of the proceeds of a tax levied under section 5705.21 of the Revised Code for general permanent improvements or under section 5705.218 of the Revised Code for the purpose of permanent improvements, or the proceeds of a school district income tax levied under Chapter 5748. of the Revised Code, or the proceeds from a combination of those two taxes, in an amount to pay all or part of the service charges on bonds issued to pay the school district portion of the project and an amount equivalent to all or part of the tax required under division (B) of section 3318.05 of the Revised Code;
(2) If section 3318.052 of the Revised Code does not apply, one of the following:
(a) The levy of the tax authorized at the election for the payment of maintenance costs, as specified in division (B) of section 3318.05 of the Revised Code;
(b) If the school district electors have approved a continuing tax for general permanent improvements under section 5705.21 of the Revised Code and that tax can be used for maintenance, the earmarking of an amount of the proceeds from such tax for maintenance of classroom facilities as specified in division (B) of section 3318.05 of the Revised Code;
(c) If, in lieu of the tax otherwise required under division (B) of section 3318.05 of the Revised Code, the commission has approved the transfer of money to the maintenance fund in accordance with section 3318.051 of the Revised Code, a requirement that the district board comply with the provisions of that section. The district board may rescind the provision prescribed under division (C)(2)(c) of this section only so long as the electors of the district have approved, in accordance with section 3318.063 of the Revised Code, the levy of a tax for the maintenance of the classroom facilities acquired under the district's project and that levy continues to be collected as approved by the electors.
(D) For joint vocational school districts that receive assistance under sections 3318.40 to 3318.45 of the Revised Code, provision for deposit of school district moneys dedicated to maintenance of the classroom facilities acquired under those sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as provided for under section 3318.084 of the Revised Code, including a schedule for depositing such moneys applied as an offset of the district's obligation to levy the tax described in division (B) of section 3318.05 of the Revised Code as required under division (D)(2) of section 3318.084 of the Revised Code;
(F) Ownership of or interest in the project during the period of construction, which shall be divided between the commission and the school district board in proportion to their respective contributions to the school district's project construction fund;
(G) Maintenance of the state's interest in the project until any obligations issued for the project under section 3318.26 of the Revised Code are no longer outstanding;
(H) The insurance of the project by the school district from the time there is an insurable interest therein and so long as the state retains any ownership or interest in the project pursuant to division (F) of this section, in such amounts and against such risks as the commission shall require; provided, that the cost of any required insurance until the project is completed shall be a part of the basic project cost;
(I) The certification by the director of budget and management that funds are available and have been set aside to meet the state's share of the basic project cost as approved by the controlling board pursuant to either section 3318.04 or division (B)(1) of section 3318.41 of the Revised Code;
(J) Authorization of the school district board to advertise for and receive construction bids for the project, for and on behalf of the commission, and to award contracts in the name of the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the school district's project account upon issuance by the commission or the commission's designated representative of vouchers for work done to be certified to the commission by the treasurer of the school district board;
(L) Disposal of any balance left in the school district's project construction fund upon completion of the project;
(M) Limitations upon use of the project or any part of it so long as any obligations issued to finance the project under section 3318.26 of the Revised Code are outstanding;
(N) Provision for vesting the state's interest in the project to the school district board when the obligations issued to finance the project under section 3318.26 of the Revised Code are outstanding;
(O) Provision for deposit of an executed copy of the agreement in the office of the commission;
(P) Provision for termination of the contract and release of the funds encumbered at the time of the conditional approval, if the proceeds of the sale of the bonds of the school district board are not paid into the school district's project construction fund and if bids for the construction of the project have not been taken within such period after the execution of the agreement as may be fixed by the commission;
(Q) A provision that requires the school district to adhere to a facilities maintenance plan approved by the commission;
(R) Provision that all state funds reserved and encumbered to pay the state share of the cost of the project and the funds provided by the school district to pay for its share of the project cost, including the respective shares of the cost of a segment if the project is divided into segments, be spent on the construction and acquisition of the project or segment simultaneously in proportion to the state's and the school district's respective shares of that basic project cost as determined under section 3318.032 of the Revised Code or, if the district is a joint vocational school district, under section 3318.42 of the Revised Code. However, if the school district certifies to the commission that expenditure by the school district is necessary to maintain the federal tax status or tax-exempt status of notes or bonds issued by the school district to pay for its share of the project cost or to comply with applicable temporary investment periods or spending exceptions to rebate as provided for under federal law in regard to those notes or bonds, the school district may commit to spend, or spend, a greater portion of the funds it provides during any specific period than would otherwise be required under this division.
(S) A provision stipulating that the commission may prohibit the district from proceeding with any project if the commission determines that the site is not suitable for construction purposes. The commission may perform soil tests in its determination of whether a site is appropriate for construction purposes.
(T) A provision stipulating that, unless otherwise authorized by the commission, any contingency reserve portion of the construction budget prescribed by the commission shall be used only to pay costs resulting from unforeseen job conditions, to comply with rulings regarding building and other codes, to pay costs related to design clarifications or corrections to contract documents, and to pay the costs of settlements or judgments related to the project as provided under section 3318.086 of the Revised Code;
(U) A provision stipulating that for continued release of project funds the school district board shall comply with sections 3313.41, 3313.411, and 3313.413 of the Revised Code throughout the project and shall notify the department of education and workforce and the Ohio community school association when the board plans to dispose of facilities by sale under that section;
(V) A provision stipulating that the commission shall not approve a contract for demolition of a facility until the school district board has complied with sections 3313.41, 3313.411, and 3313.413 of the Revised Code relative to that facility, unless demolition of that facility is to clear a site for construction of a replacement facility included in the district's project.
Sec. 3318.084. (A) Notwithstanding anything to the contrary in Chapter 3318. of the Revised Code, a school district board may apply any local donated contribution toward any of the following:
(1) The district's portion of the basic project cost of a project under either sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised Code to reduce the amount of bonds the district otherwise must issue in order to receive state assistance under those sections;
(2) If the school district is not a joint vocational school district proceeding under sections 3318.40 to 3318.45 of the Revised Code, an offset of all or part of a district's obligation to levy the tax described in division (B) of section 3318.05 of the Revised Code, which shall be applied only in the manner prescribed in division (B) of this section;
(3) If the school district is a joint vocational school district proceeding under sections 3318.40 to 3318.45 of the Revised Code, all or part of the amount the school district is obligated to set aside for maintenance of the classroom facilities acquired under that project pursuant to section 3318.43 of the Revised Code.
(B) No school district board shall apply any local donated contribution under division (A)(2) of this section unless the Ohio facilities construction commission first approves that application.
Upon the request of the school district board to apply local donated contribution under division (A)(2) of this section, the commission in consultation with the department of taxation shall determine the amount of total revenue that likely would be generated by one-half mill of the tax described in division (B) of section 3318.05 of the Revised Code over the entire twenty-three-year period required under that section and shall deduct from that amount any amount of local donated contribution that the board has committed to apply under division (A)(2) of this section. The commission then shall determine in consultation with the department of taxation the rate of tax over twenty-three years necessary to generate the amount of a one-half mill tax not offset by the local donated contribution. Notwithstanding anything to the contrary in section 3318.06, 3318.061, or 3318.361 of the Revised Code, the rate determined by the commission shall be the rate for which the district board shall seek elector approval under those sections to meet its obligation under division (B) of section 3318.05 of the Revised Code. In the case of a complete offset of the district's obligation under division (B) of section 3318.05 of the Revised Code, the district shall not be required to levy the tax otherwise required under that section. At the end of the twenty-three-year period of the tax required under division (B) of section 3318.05 of the Revised Code, whether or not the tax is actually levied, the commission in consultation of the department of taxation shall recalculate the amount that would have been generated by the tax if it had been levied at one-half mill. If the total amount actually generated over that period from both the tax that was actually levied and any local donated contribution applied under division (A)(2) of this section is less than the amount that would have been raised by a one-half mill tax, the district shall pay any difference. If the total amount actually raised in such manner is greater than the amount that would have been raised by a one-half mill tax the difference shall be zero and no payments shall be made by either the district or the commission.
(C) As used in this section, "local donated contribution" means any of the following:
(1) Any moneys irrevocably donated or granted to a school district board by a source other than the state which the board has the authority to apply to the school district's project under sections 3318.01 to 3318.20 of the Revised Code and which the board has pledged for that purpose by resolution adopted by a majority of its members;
(2) Any irrevocable letter of credit issued on behalf of a school district which the school district board has encumbered for payment of the school district's share of its project under sections 3318.01 to 3318.20 of the Revised Code that has been approved by the commission in consultation with the department of education and workforce;
(3)
Any cash a school district has on hand that the school district board
has encumbered for payment of the school district's share of its
project under sections 3318.01 to 3318.20 of the Revised Code that
has been approved by the commission in consultation with the
department
of
education,
including the following:
(a) Any year-end operating fund balances that can be spent for classroom facilities;
(b) Any cash resulting from a lease-purchase agreement that the school district board has entered into under section 3313.375 of the Revised Code, provided that the agreement and the related financing documents contain provisions protecting the state's superior interest in the project.
(4) Any moneys spent by a source other than the school district or the state for construction or renovation of specific classroom facilities that have been approved by the commission as part of the basic project cost of the district's project. The school district, the commission, and the entity providing the local donated contribution under division (C)(4) of this section shall enter into an agreement identifying the classroom facilities to be acquired by the expenditures made by that entity. The agreement shall include, but not be limited to, stipulations that require an audit by the commission of such expenditures made on behalf of the district and that specify the maximum amount of credit to be allowed for those expenditures. Upon completion of the construction or renovation, the commission shall determine the actual amount that the commission will credit, at the request of the district board, toward the district's portion of the basic project cost, any project cost overruns, or the basic project cost of future segments if the project has been divided into segments under section 3318.38 of the Revised Code. The actual amount of the credit shall not exceed the lesser of the amount specified in the agreement or the actual cost of the construction or renovation.
(D) No state moneys shall be released for a project to which this section applies until:
(1) Any local donated contribution authorized under division (A)(1) of this section is first deposited into the school district's project construction fund.
(2) The school district board and the commission have included a stipulation in their agreement entered into under section 3318.08 of the Revised Code under which the board will deposit into a fund approved by the commission according to a schedule that does not extend beyond the anticipated completion date of the project the total amount of any local donated contribution authorized under division (A)(2) or (3) of this section and dedicated by the board for that purpose.
However, if any local donated contribution as described in division (C)(4) of this section has been approved under this section, the state moneys may be released even if the entity providing that local donated contribution has not spent the moneys so dedicated as long as the agreement required under that section has been executed.
Sec. 3318.18. (A) As used in this section:
(1) "Valuation" of a school district means the sum of the amounts described in divisions (A)(1) and (2) of section 3317.021 of the Revised Code as most recently certified for the district before the annual computation is made under division (B) of this section.
(2) "Valuation per pupil" of a school district means the district's valuation divided by the district's formula ADM as most recently calculated under section 3317.03 of the Revised Code before the annual computation is made under division (B) of this section.
(3) "Statewide average valuation per pupil" means the total of the valuations of all school districts divided by the total of the formula ADMs of all school districts as most recently calculated under section 3317.03 of the Revised Code before the annual computation is made under division (C) of this section.
(4) "Maintenance levy requirement" means the tax required to be levied pursuant to division (C)(2)(a) of section 3318.08 and division (B) of section 3318.05 of the Revised Code or the application of proceeds of another levy to paying the costs of maintaining classroom facilities pursuant to division (A)(2) of section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, or division (D)(2) of section 3318.36 of the Revised Code, or a combination thereof.
(5) "Project agreement" means an agreement between a school district and the Ohio facilities construction commission under section 3318.08 or division (B)(1) of section 3318.36 of the Revised Code.
(B)
On
or before July 1, 2006, the department of education shall compute the
statewide average valuation per pupil and the valuation per pupil of
each school district, and provide them to the Ohio facilities
construction commission. On
or before the first day of July each year beginning in 2007, the
department of education
and
workforce
shall
compute the statewide average valuation per pupil and the valuation
per pupil of each school district that has not already entered into a
project agreement, and provide the results of those computations to
the commission.
(C)(1)
At the time the Ohio facilities construction commission enters into a
project agreement with a school district, the commission shall
compute the difference between the district's valuation per pupil and
the statewide average valuation per pupil as most recently provided
to the commission under division (B) of this section. If the school
district's valuation per pupil is less than the average statewide
valuation per pupil, the commission shall multiply the difference
between those amounts by one-half mill times the formula ADM of the
district as most recently reported to the department
of
education
for
October under division (A) of section 3317.03 of the Revised Code.
The commission shall certify the resulting product to the department
of
education,
along with the date on which the maintenance levy requirement
terminates as provided in the project agreement between the school
district board and the commission.
(2) In the case of a school district that entered into a project agreement after July 1, 1997, but before July 1, 2006, the commission shall make the computation described in division (C)(1) of this section on the basis of the district's valuation per pupil and the statewide average valuation per pupil computed as of September 1, 2006, and the district's formula ADM reported for October 2005.
(3) The amount computed for a school district under division (C)(1) or (2) of this section shall not change for the period during which payments are made to the district under division (D) of this section.
(4) A computation need not be made under division (C)(1) or (2) of this section for a school district that certified a resolution to the commission under division (D)(3) of section 3318.36 of the Revised Code until the district becomes eligible for state assistance as provided in that division.
(D)
In the fourth quarter of each fiscal year, for each school district
for which a computation has been made under division (C) of this
section, the department
of
education
shall
pay the amount computed to each such school district. Payments shall
be made to a school district each year until and including the tax
year in which the district's maintenance levy requirement terminates.
Payments shall be paid from the half-mill equalization fund, subject
to appropriation by the general assembly. However, the department
shall make no payments under this section to any district that elects
the procedure authorized by section 3318.051 of the Revised Code.
(E) Payments made to a school district under this section shall be credited to the district's classroom facilities maintenance fund and shall be used only for the purpose of maintaining facilities constructed or renovated under the project agreement.
(F) There is hereby created in the state treasury the half-mill equalization fund. The fund shall receive transfers pursuant to section 5727.85 of the Revised Code. The fund shall be used first to make annual payments under division (D) of this section. If a balance remains in the fund after such payments are made in full for a year, the Ohio facilities construction commission may request the controlling board to transfer a reasonable amount from such remaining balance to the public school building fund created under section 3318.15 of the Revised Code for the purposes of this chapter.
All investment earnings arising from investment of money in the half-mill equalization fund shall be credited to the fund.
Sec. 3318.363. (A) This section applies beginning in fiscal year 2003 and only to a school district participating in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code.
(B) If there is a decrease in the tax valuation of a school district to which this section applies by ten per cent or greater from one tax year to the next due to a decrease in the assessment rate of the taxable property of an electric company that owns property in the district, as provided for in section 5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd General Assembly, the Ohio facilities construction commission shall calculate or recalculate the state and school district portions of the basic project cost of the school district's project by determining the percentile rank in which the district would be located if such ranking were made using the adjusted valuation per pupil calculated under division (C) of this section rather than the three-year average adjusted valuation per pupil, calculated under division (B) of section 3318.011 of the Revised Code. For such district, the required percentage of the basic project cost used to determine the state and school district shares of that cost under division (C) of section 3318.36 of the Revised Code shall be based on the percentile rank as calculated under this section rather than as otherwise provided in division (C)(1) of section 3318.36 of the Revised Code. If the commission has determined the state and school district portion of the basic project cost of such a district's project under section 3318.36 of the Revised Code prior to that decrease in tax valuation, the commission shall adjust the state and school district shares of the basic project cost of such project in accordance with this section.
(C)(1) As used in divisions (C) and (D) of this section, "total taxable value" and "formula ADM" have the same meanings as in section 3317.02 of the Revised Code, and "income factor" has the same meaning as in section 3318.011 of the Revised Code.
(2) The adjusted valuation per pupil for a school district to which this section applies shall be calculated using the following formula:
(The district's total taxable value for the tax year preceding the calendar year in which the current fiscal year begins / the district's formula ADM for the previous fiscal year) - [$30,000 x (1 - the district's income factor)].
(D) At the request of the Ohio facilities construction commission, the department of education and workforce shall report a district's total taxable value for the tax year preceding the calendar year in which the current fiscal year begins for any district to which this section applies as that information has been certified to the department by the tax commissioner pursuant to section 3317.021 of the Revised Code.
Sec. 3318.42. (A) Not later than the sixty-first day after March 14, 2003, and subsequently not later than the sixty-first day after the first day of each ensuing fiscal year, the department of education and workforce shall do all of the following:
(1) Calculate the valuation per pupil of each joint vocational school district according to the following formula:
The school district's average taxable value divided by the school district's formula ADM calculated under section 3317.03 of the Revised Code for the previous fiscal year. For purposes of this calculation:
(a) "Average taxable value" means the average of the amounts certified for a school district in the second, third, and fourth preceding tax years under divisions (A)(1) and (2) of section 3317.021 of the Revised Code.
(b) "Formula ADM" has the same meaning as defined in section 3317.02 of the Revised Code.
(2) Calculate for each school district the three-year average of the valuations per pupil calculated for the school district for the current and two preceding fiscal years;
(3) Rank all joint vocational school districts in order from the school district with the lowest three-year average valuation per pupil to the school district with the highest three-year average valuation per pupil;
(4) Divide the ranking under division (A)(3) of this section into percentiles with the first percentile containing the one per cent of school districts having the lowest three-year average valuations per pupil and the one-hundredth percentile containing the one per cent of school districts having the highest three-year average valuations per pupil;
(5) Certify the information described in divisions (A)(1) to (4) of this section to the Ohio facilities construction commission.
(B) The commission annually shall select school districts for assistance under sections 3318.40 to 3318.45 of the Revised Code in the order of the school districts' three-year average valuations per pupil such that the school district with the lowest three-year average valuation per pupil shall be given the highest priority for assistance.
(C) Each joint vocational school district's portion of the basic project cost of the school district's project under sections 3318.40 to 3318.45 of the Revised Code shall be one per cent times the percentile in which the district ranks, except that no school district's portion shall be less than twenty-five per cent or greater than ninety-five per cent of the basic project cost.
Sec. 3319.02. (A)(1) As used in this section, "other administrator" means any of the following:
(a)
Except as provided in division (A)(2) of this section, any employee
in a position for which a board of education requires a license
designated by rule of the department
state
board of
education for being an administrator issued under section 3319.22 of
the Revised Code, including a professional pupil services employee or
administrative specialist or an equivalent of either one who is not
employed as a school counselor and spends less than fifty per cent of
the time employed teaching or working with students;
(b) Any nonlicensed employee whose job duties enable such employee to be considered as either a "supervisor" or a "management level employee," as defined in section 4117.01 of the Revised Code;
(c) A business manager appointed under section 3319.03 of the Revised Code.
(2) As used in this section, "other administrator" does not include a superintendent, assistant superintendent, principal, or assistant principal.
(B) The board of education of each school district and the governing board of an educational service center may appoint one or more assistant superintendents and such other administrators as are necessary. An assistant educational service center superintendent or service center supervisor employed on a part-time basis may also be employed by a local board as a teacher. The board of each city, exempted village, and local school district shall employ principals for all high schools and for such other schools as the board designates, and those boards may appoint assistant principals for any school that they designate.
(C) In educational service centers and in city, exempted village, and local school districts, assistant superintendents, principals, assistant principals, and other administrators shall only be employed or reemployed in accordance with nominations of the superintendent, except that a board of education of a school district or the governing board of a service center, by a three-fourths vote of its full membership, may reemploy any assistant superintendent, principal, assistant principal, or other administrator whom the superintendent refuses to nominate.
The board of education or governing board shall execute a written contract of employment with each assistant superintendent, principal, assistant principal, and other administrator it employs or reemploys. The term of such contract shall not exceed three years except that in the case of a person who has been employed as an assistant superintendent, principal, assistant principal, or other administrator in the district or center for three years or more, the term of the contract shall be for not more than five years and, unless the superintendent of the district recommends otherwise, not less than two years. If the superintendent so recommends, the term of the contract of a person who has been employed by the district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more may be one year, but all subsequent contracts granted such person shall be for a term of not less than two years and not more than five years. When a teacher with continuing service status becomes an assistant superintendent, principal, assistant principal, or other administrator with the district or service center with which the teacher holds continuing service status, the teacher retains such status in the teacher's nonadministrative position as provided in sections 3311.77, 3319.08, and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an assistant superintendent, principal, assistant principal, or other administrator at any regular or special meeting held during the period beginning on the first day of January of the calendar year immediately preceding the year of expiration of the employment contract and ending on the first day of June of the year the employment contract expires.
Except by mutual agreement of the parties thereto, no assistant superintendent, principal, assistant principal, or other administrator shall be transferred during the life of a contract to a position of lesser responsibility. No contract may be terminated by a board except pursuant to section 3319.16 of the Revised Code. No contract may be suspended except pursuant to section 3319.17 or 3319.171 of the Revised Code. The salaries and compensation prescribed by such contracts shall not be reduced by a board unless such reduction is a part of a uniform plan affecting the entire district or center. The contract shall specify the employee's administrative position and duties as included in the job description adopted under division (D) of this section, the salary and other compensation to be paid for performance of duties, the number of days to be worked, the number of days of vacation leave, if any, and any paid holidays in the contractual year.
An assistant superintendent, principal, assistant principal, or other administrator is, at the expiration of the current term of employment, deemed reemployed at the same salary plus any increments that may be authorized by the board, unless such employee notifies the board in writing to the contrary on or before the fifteenth day of June, or unless such board, on or before the first day of June of the year in which the contract of employment expires, either reemploys such employee for a succeeding term or gives written notice of its intention not to reemploy the employee. The term of reemployment of a person reemployed under this paragraph shall be one year, except that if such person has been employed by the school district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more, the term of reemployment shall be two years.
(D)(1) Each board shall adopt procedures for the evaluation of all assistant superintendents, principals, assistant principals, and other administrators and shall evaluate such employees in accordance with those procedures. The procedures for the evaluation of principals and assistant principals shall be based on principles comparable to the teacher evaluation policy adopted by the board under section 3319.111 of the Revised Code, but shall be tailored to the duties and responsibilities of principals and assistant principals and the environment in which they work. An evaluation based upon procedures adopted under this division shall be considered by the board in deciding whether to renew the contract of employment of an assistant superintendent, principal, assistant principal, or other administrator.
(2) The evaluation shall measure each assistant superintendent's, principal's, assistant principal's, and other administrator's effectiveness in performing the duties included in the job description and the evaluation procedures shall provide for, but not be limited to, the following:
(a) Each assistant superintendent, principal, assistant principal, and other administrator shall be evaluated annually through a written evaluation process.
(b) The evaluation shall be conducted by the superintendent or designee.
(c) In order to provide time to show progress in correcting the deficiencies identified in the evaluation process, the evaluation process shall be completed as follows:
(i) In any school year that the employee's contract of employment is not due to expire, at least one evaluation shall be completed in that year. A written copy of the evaluation shall be provided to the employee no later than the end of the employee's contract year as defined by the employee's annual salary notice.
(ii) In any school year that the employee's contract of employment is due to expire, at least a preliminary evaluation and at least a final evaluation shall be completed in that year. A written copy of the preliminary evaluation shall be provided to the employee at least sixty days prior to any action by the board on the employee's contract of employment. The final evaluation shall indicate the superintendent's intended recommendation to the board regarding a contract of employment for the employee. A written copy of the evaluation shall be provided to the employee at least five days prior to the board's acting to renew or not renew the contract.
(3) Termination of an assistant superintendent, principal, assistant principal, or other administrator's contract shall be pursuant to section 3319.16 of the Revised Code. Suspension of any such employee shall be pursuant to section 3319.17 or 3319.171 of the Revised Code.
(4) Before taking action to renew or nonrenew the contract of an assistant superintendent, principal, assistant principal, or other administrator under this section and prior to the first day of June of the year in which such employee's contract expires, the board shall notify each such employee of the date that the contract expires and that the employee may request a meeting with the board. Upon request by such an employee, the board shall grant the employee a meeting in executive session. In that meeting, the board shall discuss its reasons for considering renewal or nonrenewal of the contract. The employee shall be permitted to have a representative, chosen by the employee, present at the meeting.
(5) The establishment of an evaluation procedure shall not create an expectancy of continued employment. Nothing in division (D) of this section shall prevent a board from making the final determination regarding the renewal or nonrenewal of the contract of any assistant superintendent, principal, assistant principal, or other administrator. However, if a board fails to provide evaluations pursuant to division (D)(2)(c)(i) or (ii) of this section, or if the board fails to provide at the request of the employee a meeting as prescribed in division (D)(4) of this section, the employee automatically shall be reemployed at the same salary plus any increments that may be authorized by the board for a period of one year, except that if the employee has been employed by the district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more, the period of reemployment shall be for two years.
(E) On nomination of the superintendent of a service center a governing board may employ supervisors who shall be employed under written contracts of employment for terms not to exceed five years each. Such contracts may be terminated by a governing board pursuant to section 3319.16 of the Revised Code. Any supervisor employed pursuant to this division may terminate the contract of employment at the end of any school year after giving the board at least thirty days' written notice prior to such termination. On the recommendation of the superintendent the contract or contracts of any supervisor employed pursuant to this division may be suspended for the remainder of the term of any such contract pursuant to section 3319.17 or 3319.171 of the Revised Code.
(F) A board may establish vacation leave for any individuals employed under this section. Upon such an individual's separation from employment, a board that has such leave may compensate such an individual at the individual's current rate of pay for all lawfully accrued and unused vacation leave credited at the time of separation, not to exceed the amount accrued within three years before the date of separation. In case of the death of an individual employed under this section, such unused vacation leave as the board would have paid to the individual upon separation under this section shall be paid in accordance with section 2113.04 of the Revised Code, or to the estate.
(G) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for assistant superintendent, principal, assistant principal, and other administrator positions authorized under this section.
Sec. 3319.073. (A) The board of education of each city and exempted village school district and the governing board of each educational service center shall adopt or adapt the curriculum developed by the department of education and workforce for, or shall develop in consultation with public or private agencies or persons involved in child abuse prevention or intervention programs, a program of in-service training in the prevention of child abuse, violence, and substance abuse and the promotion of positive youth development. Each person employed by any school district or service center to work in a school as a nurse, teacher, counselor, school psychologist, or administrator shall complete at least four hours of the in-service training within two years of commencing employment with the district or center, and every five years thereafter. A person who is employed by any school district or service center to work in an elementary school as a nurse, teacher, counselor, school psychologist, or administrator on March 30, 2007, shall complete at least four hours of the in-service training not later than March 30, 2009, and every five years thereafter. A person who is employed by any school district or service center to work in a middle or high school as a nurse, teacher, counselor, school psychologist, or administrator on October 16, 2009, shall complete at least four hours of the in-service training not later than October 16, 2011, and every five years thereafter.
(B) Each board shall incorporate training in school safety and violence prevention, including human trafficking content, into the in-service training required by division (A) of this section. For this purpose, the board shall adopt or adapt the curriculum developed by the department or shall develop its own curriculum in consultation with public or private agencies or persons involved in school safety and violence prevention programs.
(C) Each board shall incorporate training on the board's harassment, intimidation, or bullying policy adopted under section 3313.666 of the Revised Code into the in-service training required by division (A) of this section. Each board also shall incorporate training in the prevention of dating violence into the in-service training required by that division for middle and high school employees. The board shall develop its own curricula for these purposes.
(D) Each board shall incorporate training in youth suicide awareness and prevention into the in-service training required by division (A) of this section for each person employed by a school district or service center to work in a school as a nurse, teacher, counselor, school psychologist, or administrator, and any other personnel that the board determines appropriate. The board shall require each such person to undergo training in youth suicide awareness and prevention programs once every two years. For this purpose, the board shall adopt or adapt the curriculum developed by the department under section 3301.221 of the Revised Code or shall develop its own curriculum in consultation with public or private agencies or persons involved in youth suicide awareness and prevention programs.
The training completed under this division shall count toward the satisfaction of requirements for professional development required by the school district or service center board, and the training may be accomplished through self-review of suitable suicide prevention materials approved by the board.
(E) Each board shall incorporate training on child sexual abuse into the in-service training required by division (A) of this section. The training completed under this division shall count toward the satisfaction of requirements for professional development required by the school district or service center board. Any training provided under this section shall be presented by either of the following who have experience in handling cases involving child sexual abuse or child sexual violence:
(1) Law enforcement officers;
(2) Prosecutors.
Sec. 3319.074. (A) As used in this section:
(1) "Core subject area" means reading and English language arts, mathematics, science, social studies, foreign language, and fine arts.
(2) "Properly certified or licensed teacher" means a classroom teacher who has successfully completed all requirements for certification or licensure under this chapter applicable to the subject areas and grade levels in which the teacher provides instruction and the students to whom the teacher provides the instruction.
(3) "Properly certified paraprofessional" means a paraprofessional who holds an educational aide permit issued under section 3319.088 of the Revised Code and satisfies at least one of the following conditions:
(a) Has a designation of "ESEA qualified" on the educational aide permit;
(b) Has successfully completed at least two years of coursework at an accredited institution of higher education;
(c) Holds an associate degree or higher from an accredited institution of higher education;
(d) Meets a rigorous standard of quality as demonstrated by attainment of a qualifying score on an academic assessment specified by the department of education and workforce.
(B) Beginning July 1, 2019, no city, exempted village, local, joint vocational, or cooperative education school district shall do either of the following:
(1) Employ any classroom teacher to provide instruction in a core subject area to any student, unless such teacher is a properly certified or licensed teacher;
(2) Employ any paraprofessional in a program supported with funds received under Title I of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq., to provide academic support in a core subject area to any student, unless such paraprofessional is a properly certified paraprofessional.
(C) At the start of each school year, each school district shall notify the parent or guardian of each student enrolled in the district that the parent or guardian may request information on the professional qualifications of each classroom teacher who provides instruction to the student. The district shall provide the information on each applicable teacher in a timely manner to any parent or guardian who requests it. Such information shall include at least the following:
(1) Whether the teacher has satisfied all requirements for certification or licensure under this chapter applicable to the subject areas and grade levels in which the teacher provides instruction and the students to whom the teacher provides the instruction, or whether the teacher provides instruction under a waiver of any such requirements;
(2) Whether a paraprofessional provides any services to the student and, if so, the qualifications of the paraprofessional.
Sec. 3319.077. (A) As used in this section:
(1) "Dyslexia" has the same meaning as in section 3323.25 of the Revised Code.
(2) "Ohio dyslexia committee" means the committee established under section 3325.25 of the Revised Code.
(3) "Special education" has the same meaning as in section 3323.01 of the Revised Code.
(4) "Teacher" does not include any teacher who provides instruction in fine arts, music, or physical education.
(B)(1) The department of education and workforce, in collaboration with the Ohio dyslexia committee, shall maintain a list of training that fulfills the professional development requirements prescribed in division (C) of this section. The list may consist of online or classroom learning models.
(2) Each approved training shall align with the guidebook developed under section 3323.25 of the Revised Code, be evidence-based, and require instruction and training for identifying characteristics of dyslexia and understanding the pedagogy for instructing students with dyslexia.
(3) The Ohio dyslexia committee shall prescribe a total number of clock hours of instruction in training approved under this section for a teacher to complete to satisfy the professional development requirements prescribed in division (C) of this section. The Ohio dyslexia committee shall prescribe a total number of clock hours that is not less than six clock hours and not more than eighteen clock hours.
(C)(1) Not later than the beginning of the 2023-2024 school year, each teacher employed by a local, city, or exempted village school district who provides instruction for students in kindergarten and first grade, including those providing special education instruction, shall complete the number of instructional hours in approved professional development training required by the committee under this section.
(2) Not later than the beginning of the 2024-2025 school year, each teacher employed by a school district who provides instruction for students in grades two and three, including those providing special education instruction, shall complete the number of instructional hours in approved professional development training required by the committee under this section.
(3) Not later than the beginning of the 2025-2026 school year, each teacher employed by a school district who provides special education instruction for students in grades four through twelve shall complete a professional development training approved under division (B) of this section.
(D) Any professional development training completed by a teacher prior to April 12, 2021, that is then included on the list of training approved under division (B)(1) of this section shall count toward the number of instructional hours in approved professional development training required under division (C) of this section.
(E) Nothing in this section shall prohibit a school district from requiring employees who are not subject to this section from completing professional development training approved under division (B) of this section.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised Code, this section applies to any person who is employed under a teacher license issued under this chapter, or under a professional or permanent teacher's certificate issued under former section 3319.222 of the Revised Code, and who spends at least fifty per cent of the time employed providing student instruction. However, this section does not apply to any person who is employed as a substitute teacher or as an instructor of adult education.
(A)
Not
later than July 1, 2020, the The
board
of education of each school district, in consultation with teachers
employed by the board, shall update its standards-based teacher
evaluation policy to conform with the framework for evaluation of
teachers adopted under section 3319.112 of the Revised Code. The
policy shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that is
in effect on
the
effective date of this amendment
November
2, 2018,
and shall be included in any renewal or extension of such an
agreement.
(B) When using measures of student performance as evidence in a teacher's evaluation, those measures shall be high-quality student data. The board of education of each school district may use data from the assessments on the list developed under division (B)(2) of section 3319.112 of the Revised Code as high-quality student data.
(C)(1) The board shall conduct an evaluation of each teacher employed by the board at least once each school year, except as provided in division (C)(2) of this section. The evaluation shall be completed by the first day of May and the teacher shall receive a written report of the results of the evaluation by the tenth day of May.
(2)(a) The board may evaluate each teacher who received a rating of accomplished on the teacher's most recent evaluation conducted under this section once every three school years, so long as the teacher submits a self-directed professional growth plan to the evaluator that focuses on specific areas identified in the observations and evaluation and the evaluator determines that the teacher is making progress on that plan.
(b) The board may evaluate each teacher who received a rating of skilled on the teacher's most recent evaluation conducted under this section once every two years, so long as the teacher and evaluator jointly develop a professional growth plan for the teacher that focuses on specific areas identified in the observations and evaluation and the evaluator determines that the teacher is making progress on that plan.
(c) For each teacher who is evaluated pursuant to division (C)(2) of this section, the evaluation shall be completed by the first day of May of the applicable school year, and the teacher shall receive a written report of the results of the evaluation by the tenth day of May of that school year.
(d) The board may elect not to conduct an evaluation of a teacher who meets one of the following requirements:
(i) The teacher was on leave from the school district for fifty per cent or more of the school year, as calculated by the board.
(ii) The teacher has submitted notice of retirement and that notice has been accepted by the board not later than the first day of December of the school year in which the evaluation is otherwise scheduled to be conducted.
(e) The board may elect not to conduct an evaluation of a teacher who is participating in the teacher residency program established under section 3319.223 of the Revised Code for the year during which that teacher takes, for the first time, at least half of the performance-based assessment prescribed by the state board of education for resident educators.
(3) In any year that a teacher is not formally evaluated pursuant to division (C) of this section as a result of receiving a rating of accomplished or skilled on the teacher's most recent evaluation, an individual qualified to evaluate a teacher under division (D) of this section shall conduct at least one observation of the teacher and hold at least one conference with the teacher. The conference shall include a discussion of progress on the teacher's professional growth plan.
(D)
Each evaluation conducted pursuant to this section shall be conducted
by one or more of the following persons who hold a credential
established by the department
state
board of
education for being an evaluator:
(1) A person who is under contract with the board pursuant to section 3319.01 or 3319.02 of the Revised Code and holds a license designated for being a superintendent, assistant superintendent, or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a vocational director, administrative specialist, or supervisor in any educational area issued under section 3319.22 of the Revised Code;
(3) A person designated to conduct evaluations under an agreement entered into by the board, including an agreement providing for peer review entered into by the board and representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the board to conduct evaluations and who holds a license designated for being a superintendent, assistant superintendent, principal, vocational director, administrative specialist, or supervisor in any educational area issued under section 3319.22 of the Revised Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of the Revised Code, the board shall require at least three formal observations of each teacher who is under consideration for nonrenewal and with whom the board has entered into a limited contract or an extended limited contract under section 3319.11 of the Revised Code.
(F) The board shall include in its evaluation policy procedures for using the evaluation results for retention and promotion decisions and for removal of poorly performing teachers. Seniority shall not be the basis for a decision to retain a teacher, except when making a decision between teachers who have comparable evaluations.
(G)
For purposes of section 3333.0411 of the Revised Code, the board
annually shall report to the
department
of education
state
board
the
number of teachers for whom an evaluation was conducted under this
section and the number of teachers assigned each rating prescribed
under division (B)(1) of section 3319.112 of the Revised Code,
aggregated by the teacher preparation programs from which and the
years in which the teachers graduated. The department
state
board shall
establish guidelines for reporting the information required by this
division. The guidelines shall not permit or require that the name
of, or any other personally identifiable information about, any
teacher be reported under this division.
(H)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after
the
effective date of this amendment
November
2, 2018.
Sec.
3319.112. (A)
The state board of education shall revise the standards-based state
framework for the evaluation of teachers based on the recommendations
of the educator standards board established under section 3319.60 of
the Revised Code. The state board shall hold at least one public
hearing on the revised framework and shall make the full text of the
revised framework available at each hearing it holds on the revised
framework. Not
later than May 1, 2020, the The
state
board shall adopt the revised framework. The state board may update
the framework periodically by adoption of a resolution. The framework
shall establish an evaluation system that does the following:
(1) Provides for multiple evaluation factors;
(2) Is aligned with the standards for teachers adopted under section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated, including at least two formal observations by the evaluator of at least thirty minutes each and classroom walk-throughs;
(4) Assigns a rating on each evaluation in accordance with division (B) of this section;
(5) Requires each teacher to be provided with a written report of the results of the teacher's evaluation;
(6) Uses at least two measures of high-quality student data to provide evidence of student learning attributable to the teacher being evaluated. The state board shall define "high-quality student data" for this purpose. When applicable to the grade level or subject area taught by a teacher, high-quality student data shall include the value-added progress dimension established under section 3302.021 of the Revised Code, but the teacher or evaluator shall use at least one other measure of high-quality student data to demonstrate student learning. In accordance with the guidance described in division (D)(3) of this section, high-quality student data may be used as evidence in any component of the evaluation related to the following:
(a) Knowledge of the students to whom the teacher provides instruction;
(b) The teacher's use of differentiated instructional practices based on the needs or abilities of individual students;
(c) Assessment of student learning;
(d) The teacher's use of assessment data;
(e) Professional responsibility and growth.
(7) Prohibits the shared attribution of student performance data among all teachers in a district, building, grade, content area, or other group;
(8) Includes development of a professional growth plan or improvement plan for the teacher that is based on the results of the evaluation and is aligned to any school district or building improvement plan required for the teacher's district or building under the "Elementary and Secondary Education Act of 1965," as amended by the "Every Student Succeeds Act of 2015," Pub. L. No. 114-95, 20 U.S.C. 6301 et seq.;
(9) Provides for professional development to accelerate and continue teacher growth and provide support to poorly performing teachers;
(10) Provides for the allocation of financial resources to support professional development;
(11) Prohibits the use of student learning objectives.
(B) For purposes of the framework adopted under this section, the state board also shall do the following:
(1) Revise, as necessary, specific standards and criteria that distinguish between the following levels of performance for teachers and principals for the purpose of assigning ratings on the evaluations conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111 of the Revised Code:
(a) Accomplished;
(b) Skilled;
(c) Developing;
(d) Ineffective.
(2) Develop a list of student assessments that measure mastery of the course content for the appropriate grade level, which may include nationally normed standardized assessments, industry certification examinations, or end-of-course examinations. The data from these assessments may be considered high-quality student data.
(C) The state board shall consult with experts, teachers and principals employed in public schools, the educator standards board, and representatives of stakeholder groups in revising the standards and criteria required by division (B)(1) of this section.
(D)
To assist school districts in developing evaluation policies under
sections 3311.80, 3311.84, 3319.02, and 3319.111 of the Revised Code,
the department
state
board shall
do all of the following:
(1) Serve as a clearinghouse of promising evaluation procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating evaluation policies;
(3) Provide guidance to districts on how high-quality student data may be used as evidence of student learning attributable to a particular teacher, including examples of appropriate use of that data within the framework adopted under this section;
(4) Provide guidance to districts on how information from student surveys, student portfolios, peer review evaluations, teacher self-evaluations, and other components determined appropriate by the district may be used as part of the evaluation process.
(E)
Not later than July 1, 2020, the state board, in consultation with
state agencies that employ teachers, shall update its standards-based
framework for the evaluation of teachers employed by those agencies.
Each state agency that employs teachers shall adopt a standards-based
teacher evaluation policy to conform with the framework. The policy
shall become operative at the expiration of any collective bargaining
agreement covering teachers employed by the agency that is in effect
on
the
effective date of this amendment
November
2, 2018,
and shall be included in any renewal or extension of such an
agreement. However, this division does not apply to any person who is
employed as a substitute teacher or as an instructor of adult
education.
Sec.
3319.113. (A)
Not
later than May 31, 2016, the The
state
board of education shall develop a standards-based state framework
for the evaluation of school counselors. The state board may update
the framework periodically by adoption of a resolution. The framework
shall establish an evaluation system that does the following:
(1) Requires school counselors to demonstrate their ability to produce positive student outcomes using metrics, including those from the school or school district's report card issued under section 3302.03 of the Revised Code when appropriate;
(2) Is aligned with the standards for school counselors adopted under section 3319.61 of the Revised Code and requires school counselors to demonstrate their ability in all the areas identified by those standards;
(3) Requires that all school counselors be evaluated annually, except as otherwise appropriate for high-performing school counselors or as specified in division (D) of this section;
(4) Assigns a rating on each evaluation in accordance with division (B) of this section;
(5) Designates the personnel that may conduct evaluations of school counselors in accordance with this framework;
(6) Requires that each school counselor be provided with a written report of the results of that school counselor's evaluation;
(7) Provides for professional development to accelerate and continue school counselor growth and provide support to poorly performing school counselors.
(B)(1) The state board shall develop specific standards and criteria that distinguish between the following levels of performance for school counselors for the purposes of assigning ratings on the evaluations conducted under this section:
(a) Accomplished;
(b) Skilled;
(c) Developing;
(d) Ineffective.
(2) The state board shall consult with experts, school counselors and principals employed in public schools, and representatives of stakeholder groups in developing the standards and criteria required by division (B)(1) of this section.
(C)(1) Not later than September 30, 2016, each school district board of education shall adopt a standards-based school counselor evaluation policy that conforms with the framework for the evaluation of school counselors developed under this section. The policy shall become operative at the expiration of any collective bargaining agreement covering school counselors employed by the board that is in effect on September 29, 2015, and shall be included in any renewal or extension of such an agreement.
(2) A district board shall include both of the following in its evaluation policy:
(a) The implementation of the framework for the evaluation of school counselors developed under this section beginning in the 2016-2017 school year;
(b) Procedures for using the evaluation results, beginning in the 2017-2018 school year, for both of the following:
(i) Decisions regarding retention and promotion of school counselors;
(ii) Removal of poorly performing school counselors.
(D) Beginning with the 2017-2018 school year, a district board may elect not to conduct an evaluation of a school counselor who meets one of the following requirements:
(1) The school counselor was on leave from the school district for fifty per cent or more of the school year, as calculated by the board.
(2) The school counselor has submitted notice of retirement and that notice has been accepted by the board not later than the first day of December of the school year in which the evaluation is otherwise scheduled to be conducted.
(E)
Each district board shall annually submit a report to the
department
of education
state
board,
in a form and manner prescribed by the departmentstate
board,
regarding its implementation of division (C) of this section. At no
time shall the department
state
board permit
or require that the name or personally identifiable information of
any school counselor be reported to the department
state
board under
this division.
(F) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provision of a collective bargaining agreement entered into on or after September 29, 2015.
Sec.
3319.143. Notwithstanding
section 3319.141 of the Revised Code, the board of education of a
city, exempted village, local or joint vocational school district may
adopt a policy of assault leave by which an employee who is absent
due to physical disability resulting from an assault which occurs in
the course of board employment will be maintained on full pay status
during the period of such absence. A board of education electing to
effect such a policy of assault leave shall establish rules for the
entitlement, crediting, and use of assault leave and file a copy of
same with the state
board department
of
education
and
workforce.
A board of education adopting this policy shall require an employee
to furnish a signed statement on forms prescribed by such board to
justify the use of assault leave. If medical attention is required, a
certificate from a licensed physician stating the nature of the
disability and its duration shall be required before assault leave
can be approved for payment. Falsification of either a signed
statement or a physician's certificate is ground for suspension or
termination of employment under section 3311.82 or 3319.16 of the
Revised Code.
Assault leave granted under rules adopted by a board of education pursuant to this section shall not be charged against sick leave earned or earnable under section 3319.141 of the Revised Code or leave granted under rules adopted by a board of education pursuant to section 3311.77 or 3319.08 of the Revised Code. This section shall be uniformly administered in those districts where such policy is adopted.
Sec. 3319.151. (A) As used in this section, "assessment" means an assessment administered under section 3301.0711 of the Revised Code.
(B) No person shall do any of the following:
(1) Reveal to any student any specific question that the person knows is part of an assessment or in any other way assist a pupil to cheat on an assessment;
(2) Obtain prior knowledge of the contents of an assessment;
(3) Use prior knowledge of the contents of an assessment to assist students in preparing for the assessment;
(4) Fail to comply with any rule adopted by the department of education and workforce regarding security protocols for an assessment.
(C) On a finding by the state board of education, after investigation, that a school employee who holds a license, as defined in section 3319.31 of the Revised Code, has violated division (B) of this section, the state board shall take any action against the employee under section 3319.31 of the Revised Code that it considers appropriate, based on the nature and extent of the violation. The state board shall give the employee notice of the allegation upon commencing an investigation and shall give the employee an opportunity to respond prior to taking any disciplinary action.
(D)(1) Violation of division (B) of this section is grounds for termination of employment of a nonteaching employee under division (C) of section 3319.081 or section 124.34 of the Revised Code.
(2) Violation of division (B) of this section is grounds for termination of a teacher contract under section 3311.82 or 3319.16 of the Revised Code.
Sec.
3319.16. The
contract of any teacher employed by the board of education of any
city, exempted village, local, county, or joint vocational school
district may not be terminated except for good and just cause.
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the provisions of this section relating to the grounds
for termination of the contract of a teacher prevail over any
conflicting provisions of a collective bargaining agreement entered
into after
the
effective date of this amendment
October
16, 2009.
Before
terminating any contract, the employing board shall furnish the
teacher a written notice signed by its treasurer of its intention to
consider the termination of the teacher's contract with full
specification of the grounds for such consideration. The board shall
not proceed with formal action to terminate the contract until after
the tenth day after receipt of the notice by the teacher. Within ten
days after receipt of the notice from the treasurer of the board, the
teacher may file with the treasurer a written demand for a hearing
before the board or before a referee, and the board shall set a time
for the hearing which shall be within thirty days from the date of
receipt of the written demand, and the treasurer shall give the
teacher at least twenty days' notice in writing of the time and place
of the hearing. If a referee is demanded by either the teacher or
board, the treasurer also shall give twenty days' notice to the
superintendent
of public instruction
department
of education and workforce.
No hearing shall be held during the summer vacation without the
teacher's consent. The hearing shall be private unless the teacher
requests a public hearing. The hearing shall be conducted by a
referee appointed pursuant to section 3319.161 of the Revised Code,
if demanded; otherwise, it shall be conducted by a majority of the
members of the board and shall be confined to the grounds given for
the termination. The board shall provide for a complete stenographic
record of the proceedings, a copy of the record to be furnished to
the teacher. The board may suspend a teacher pending final action to
terminate the teacher's contract if, in its judgment, the character
of the charges warrants such action.
Both parties may be present at such hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the treasurer of the board. In case of the failure of any person to comply with a subpoena, a judge of the court of common pleas of the county in which the person resides, upon application of any interested party, shall compel attendance of the person by attachment proceedings as for contempt. Any member of the board or the referee may administer oaths to witnesses. After a hearing by a referee, the referee shall file a report within ten days after the termination of the hearing. After consideration of the referee's report, the board, by a majority vote, may accept or reject the referee's recommendation on the termination of the teacher's contract. After a hearing by the board, the board, by majority vote, may enter its determination upon its minutes. Any order of termination of a contract shall state the grounds for termination. If the decision, after hearing, is against termination of the contract, the charges and the record of the hearing shall be physically expunged from the minutes, and, if the teacher has suffered any loss of salary by reason of being suspended, the teacher shall be paid the teacher's full salary for the period of such suspension.
Any teacher affected by an order of termination of contract may appeal to the court of common pleas of the county in which the school is located within thirty days after receipt of notice of the entry of such order. The appeal shall be an original action in the court and shall be commenced by the filing of a complaint against the board, in which complaint the facts shall be alleged upon which the teacher relies for a reversal or modification of such order of termination of contract. Upon service or waiver of summons in that appeal, the board immediately shall transmit to the clerk of the court for filing a transcript of the original papers filed with the board, a certified copy of the minutes of the board into which the termination finding was entered, and a certified transcript of all evidence adduced at the hearing or hearings before the board or a certified transcript of all evidence adduced at the hearing or hearings before the referee, whereupon the cause shall be at issue without further pleading and shall be advanced and heard without delay. The court shall examine the transcript and record of the hearing and shall hold such additional hearings as it considers advisable, at which it may consider other evidence in addition to the transcript and record.
Upon final hearing, the court shall grant or deny the relief prayed for in the complaint as may be proper in accordance with the evidence adduced in the hearing. Such an action is a special proceeding, and either the teacher or the board may appeal from the decision of the court of common pleas pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
In any court action, the board may utilize the services of the prosecuting attorney, village solicitor, city director of law, or other chief legal officer of a municipal corporation as authorized by section 3313.35 of the Revised Code, or may employ other legal counsel.
A violation of division (A)(7) of section 2907.03 of the Revised Code is grounds for termination of a teacher contract under this section.
Sec.
3319.161. For
the purpose of providing referees for the hearings required by
section 3319.16 of the Revised Code, the superintendent
of public instruction department
of education and workforce shall
compile a list of resident electors from names that the
superintendent
department
shall
solicit annually from the state bar association.
Upon
receipt of notice that a referee has been demanded by a teacher or by
a board of education, the superintendent
of public instruction department
shall
immediately designate three persons from such list, from whom the
referee to hear the matter shall be chosen, and the superintendent
department
shall
immediately notify the designees, the teacher, and the board of the
school district involved. If within five days of receipt of the
notice, the teacher and board are unable to select a mutually
agreeable designee to serve as referee, the superintendent
of public instruction department
shall
appoint one of the three designees to serve as referee. The
appointment of the referee shall be entered in the minutes of the
board. The referee appointed shall be paid the referee's usual and
customary fee for attending the hearing which shall be paid from the
school district general fund upon vouchers approved by the
superintendent
of public instruction department
and
presented to the treasurer of the district. No referee shall be a
member of, an employee of, or teacher employed by the board of
education nor related to any such person by consanguinity or
marriage.
Sec. 3319.22. (A)(1) The state board of education shall issue the following educator licenses:
(a) A resident educator license, which shall be valid for two years and shall be renewable for reasons specified by rules adopted by the state board pursuant to division (A)(3) of this section. The state board, on a case-by-case basis, may extend the license's duration as necessary to enable the license holder to complete the Ohio teacher residency program established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for five years and shall be renewable;
(c) A senior professional educator license, which shall be valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be valid for five years and shall be renewable.
Licenses issued under division (A)(1) of this section on and after November 2, 2018, shall specify whether the educator is licensed to teach grades pre-kindergarten through five, grades four through nine, or grades seven through twelve. The changes to the grade band specifications under this amendment shall not apply to a person who holds a license under division (A)(1) of this section prior to November 2, 2018. Further, the changes to the grade band specifications under this amendment shall not apply to any license issued to teach in the area of computer information science, bilingual education, dance, drama or theater, world language, health, library or media, music, physical education, teaching English to speakers of other languages, career-technical education, or visual arts or to any license issued to an intervention specialist, including a gifted intervention specialist, or to any other license that does not align to the grade band specifications.
(2)(a) Except as provided in division (A)(2)(b) of this section, the state board may issue any additional educator licenses of categories, types, and levels the board elects to provide.
(b) Not later than December 31, 2024, the state board shall cease licensing school psychologists. The state board shall coordinate with the state board of psychology to transition to licensure under Chapter 4732. of the Revised Code any school psychologists licensed under rules adopted in accordance with sections 3301.07 and 3319.22 of the Revised Code.
(3) The state board shall adopt rules establishing the standards and requirements for obtaining each educator license issued under this section. The rules shall also include the reasons for which a resident educator license may be renewed under division (A)(1)(a) of this section.
(B) The rules adopted under this section shall require at least the following standards and qualifications for the educator licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold at least a bachelor's degree from an accredited teacher preparation program or be a participant in the teach for America program and meet the qualifications required under section 3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have successfully completed the Ohio teacher residency program established under section 3319.223 of the Revised Code, if the applicant's current or most recently issued license is a resident educator license issued under this section or an alternative resident educator license issued under section 3319.26 of the Revised Code.
(3) An applicant for a senior professional educator license shall:
(a) Hold at least a master's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have previously held a professional educator license issued under this section or section 3319.222 or under former section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished level of performance, as described in the standards for teachers adopted by the state board under section 3319.61 of the Revised Code.
(4) An applicant for a lead professional educator license shall:
(a) Hold at least a master's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have previously held a professional educator license or a senior professional educator license issued under this section or a professional educator license issued under section 3319.222 or former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of performance, as described in the standards for teachers adopted by the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national board for professional teaching standards or meet the criteria for a master teacher or other criteria for a lead teacher adopted by the educator standards board under division (F)(4) or (5) of section 3319.61 of the Revised Code.
(C) The state board shall align the standards and qualifications for obtaining a principal license with the standards for principals adopted by the state board under section 3319.61 of the Revised Code.
(D)
If the state board requires any examinations for educator licensure,
the department
of education state
board shall
provide the results of such examinations received by the department
state
board to
the chancellor of higher education, in the manner and to the extent
permitted by state and federal law.
(E)
Any rules the state board of education adopts, amends, or rescinds
for educator licenses under this section,
division (D) of section 3301.07 of the Revised Code,
or
any other law shall be adopted, amended, or rescinded under Chapter
119. of the Revised Code except as follows:
(1) Notwithstanding division (E) of section 119.03 and division (A)(1) of section 119.04 of the Revised Code, in the case of the adoption of any rule or the amendment or rescission of any rule that necessitates institutions' offering preparation programs for educators and other school personnel that are approved by the chancellor of higher education under section 3333.048 of the Revised Code to revise the curriculum of those programs, the effective date shall not be as prescribed in division (E) of section 119.03 and division (A)(1) of section 119.04 of the Revised Code. Instead, the effective date of such rules, or the amendment or rescission of such rules, shall be the date prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind emergency rules in division (G) of section 119.03 of the Revised Code, this authority shall not apply to the state board of education with regard to rules for educator licenses.
(F)(1)
The rules adopted under this section establishing standards requiring
additional coursework for the renewal of any educator license shall
require a school district and a chartered nonpublic school to
establish local professional development committees. In a nonpublic
school, the chief administrative officer shall establish the
committees in any manner acceptable to such officer. The committees
established under this division shall determine whether coursework
that a district or chartered nonpublic school teacher proposes to
complete meets the requirement of the rules. The department
of education state
board shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards adopted
by
the state board of education pursuant
to section 3319.61 of the Revised Code into their review of
coursework that is appropriate for license renewal. The rules shall
establish a procedure by which a teacher may appeal the decision of a
local professional development committee.
(2) In any school district in which there is no exclusive representative established under Chapter 4117. of the Revised Code, the professional development committees shall be established as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under this section, the board of education of each school district shall establish the structure for one or more local professional development committees to be operated by such school district. The committee structure so established by a district board shall remain in effect unless within thirty days prior to an anniversary of the date upon which the current committee structure was established, the board provides notice to all affected district employees that the committee structure is to be modified. Professional development committees may have a district-level or building-level scope of operations, and may be established with regard to particular grade or age levels for which an educator license is designated.
Each professional development committee shall consist of at least three classroom teachers employed by the district, one principal employed by the district, and one other employee of the district appointed by the district superintendent. For committees with a building-level scope, the teacher and principal members shall be assigned to that building, and the teacher members shall be elected by majority vote of the classroom teachers assigned to that building. For committees with a district-level scope, the teacher members shall be elected by majority vote of the classroom teachers of the district, and the principal member shall be elected by a majority vote of the principals of the district, unless there are two or fewer principals employed by the district, in which case the one or two principals employed shall serve on the committee. If a committee has a particular grade or age level scope, the teacher members shall be licensed to teach such grade or age levels, and shall be elected by majority vote of the classroom teachers holding such a license and the principal shall be elected by all principals serving in buildings where any such teachers serve. The district superintendent shall appoint a replacement to fill any vacancy that occurs on a professional development committee, except in the case of vacancies among the elected classroom teacher members, which shall be filled by vote of the remaining members of the committee so selected.
Terms of office on professional development committees shall be prescribed by the district board establishing the committees. The conduct of elections for members of professional development committees shall be prescribed by the district board establishing the committees. A professional development committee may include additional members, except that the majority of members on each such committee shall be classroom teachers employed by the district. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which a predecessor was appointed shall hold office as a member for the remainder of that term.
The initial meeting of any professional development committee, upon election and appointment of all committee members, shall be called by a member designated by the district superintendent. At this initial meeting, the committee shall select a chairperson and such other officers the committee deems necessary, and shall adopt rules for the conduct of its meetings. Thereafter, the committee shall meet at the call of the chairperson or upon the filing of a petition with the district superintendent signed by a majority of the committee members calling for the committee to meet.
(3) In the case of a school district in which an exclusive representative has been established pursuant to Chapter 4117. of the Revised Code, professional development committees shall be established in accordance with any collective bargaining agreement in effect in the district that includes provisions for such committees.
If the collective bargaining agreement does not specify a different method for the selection of teacher members of the committees, the exclusive representative of the district's teachers shall select the teacher members.
If the collective bargaining agreement does not specify a different structure for the committees, the board of education of the school district shall establish the structure, including the number of committees and the number of teacher and administrative members on each committee; the specific administrative members to be part of each committee; whether the scope of the committees will be district levels, building levels, or by type of grade or age levels for which educator licenses are designated; the lengths of terms for members; the manner of filling vacancies on the committees; and the frequency and time and place of meetings. However, in all cases, except as provided in division (F)(4) of this section, there shall be a majority of teacher members of any professional development committee, there shall be at least five total members of any professional development committee, and the exclusive representative shall designate replacement members in the case of vacancies among teacher members, unless the collective bargaining agreement specifies a different method of selecting such replacements.
(4) Whenever an administrator's coursework plan is being discussed or voted upon, the local professional development committee shall, at the request of one of its administrative members, cause a majority of the committee to consist of administrative members by reducing the number of teacher members voting on the plan.
(G)(1) The department of education and workforce, educational service centers, county boards of developmental disabilities, college and university departments of education, head start programs, and the Ohio education computer network may establish local professional development committees to determine whether the coursework proposed by their employees who are licensed or certificated under this section or section 3319.222 of the Revised Code, or under the former version of either section as it existed prior to October 16, 2009, meet the requirements of the rules adopted under this section. They may establish local professional development committees on their own or in collaboration with a school district or other agency having authority to establish them.
Local
professional development committees established by county boards of
developmental disabilities shall be structured in a manner comparable
to the structures prescribed for school districts in divisions (F)(2)
and (3) of this section, as shall the committees established by any
other entity specified in division (G)(1) of this section that
provides educational services by employing or contracting for
services of classroom teachers licensed or certificated under this
section or section 3319.222 of the Revised Code, or under the former
version of either section as it existed prior to October 16, 2009.
All other entities specified in division (G)(1) of this section shall
structure their committees in accordance with guidelines which shall
be issued by the
state
board
department.
(2) Educational service centers may establish local professional development committees to serve educators who are not employed in schools in this state, including pupil services personnel who are licensed under this section. Local professional development committees shall be structured in a manner comparable to the structures prescribed for school districts in divisions (F)(2) and (3) of this section.
These committees may agree to review the coursework, continuing education units, or other equivalent activities related to classroom teaching or the area of licensure that is proposed by an individual who satisfies both of the following conditions:
(a) The individual is licensed or certificated under this section or under the former version of this section as it existed prior to October 16, 2009.
(b) The individual is not currently employed as an educator or is not currently employed by an entity that operates a local professional development committee under this section.
Any committee that agrees to work with such an individual shall work to determine whether the proposed coursework, continuing education units, or other equivalent activities meet the requirements of the rules adopted by the state board under this section.
(3)
Any public agency that is not specified in division (G)(1) or (2) of
this section but provides educational services and employs or
contracts for services of classroom teachers licensed or certificated
under this section or section 3319.222 of the Revised Code, or under
the former version of either section as it existed prior to October
16, 2009, may establish a local professional development committee,
subject to the approval of the department of education
and
workforce.
The committee shall be structured in accordance with guidelines
issued by the
state
board
department.
(H) Not later than July 1, 2016, the state board, in accordance with Chapter 119. of the Revised Code, shall adopt rules pursuant to division (A)(3) of this section that do both of the following:
(1) Exempt consistently high-performing teachers from the requirement to complete any additional coursework for the renewal of an educator license issued under this section or section 3319.26 of the Revised Code. The rules also shall specify that such teachers are exempt from any requirements prescribed by professional development committees established under divisions (F) and (G) of this section.
(2) For purposes of division (H)(1) of this section, the state board shall define the term "consistently high-performing teacher."
Sec. 3319.221. (A) The state board of education, the department of education and workforce, any city, local, exempted village, and joint vocational school district board of education, and any other public school, as defined in section 3301.0711 of the Revised Code, shall not require a separate pupil services license issued by the state board as a credential for working in a public school, on either a permanent basis or a substitute or other temporary basis, for the following licensed professionals:
(1) A speech-language pathologist who holds a currently valid license issued under Chapter 4753. of the Revised Code;
(2) An audiologist who holds a currently valid license issued under Chapter 4753. of the Revised Code;
(3) A registered nurse who holds a bachelor's degree and a currently valid license issued under Chapter 4723. of the Revised Code;
(4) A physical therapist who holds a currently valid license issued under Chapter 4755. of the Revised Code;
(5) An occupational therapist who holds a currently valid license issued under Chapter 4755. of the Revised Code;
(6) A physical therapy assistant who holds a currently valid license issued under Chapter 4755. of the Revised Code;
(7) An occupational therapy assistant who holds a currently valid license issued under Chapter 4755. of the Revised Code;
(8) A social worker who holds a currently valid license issued under Chapter 4757. of the Revised Code.
(B)
A person employed by a school district or school for any of the
occupations listed in divisions (A)(1) to (8) of this section shall
be required to apply for and receive a registration from the
department
state
board of
education. The registration shall be valid for five years. As a
condition of registration under this section, an individual shall be
subject to a criminal records check as prescribed by section 3319.391
of the Revised Code. In the manner prescribed by the
department
state
board,
the individual shall submit the criminal records check to the
department
state
board.
The department
state
board shall
use the information submitted to enroll the individual in the
retained applicant fingerprint database, established under section
109.5721 of the Revised Code, in the same manner as any teacher
licensed under sections 3319.22 to 3319.31 of the Revised Code.
If
the department
state
board receives
notification of the arrest or conviction of an individual registered
under division (B) of this section, the department
state
board shall
promptly notify the employing district and may take any action
authorized under sections 3319.31 and 3319.311 of the Revised Code
that it considers appropriate. No district shall employ any
individual under division (A) of this section if the district learns
that the individual has plead guilty to, has been found guilty by a
jury or court of, or has been convicted of any of the offenses listed
in division (C) of section 3319.31 of the Revised Code.
(C)
The department
state
board shall
charge a registration fee of one hundred fifty dollars each for the
initial registration and one hundred fifty dollars for renewal of the
registration.
Sec. 3319.224. Notwithstanding section 3319.30 of the Revised Code, a school district or educational service center may contract with a provider licensed under Chapter 4753. of the Revised Code for speech and language services or for audiology services. The contracted services shall be retained only after the district or service center has demonstrated to the department of education and workforce that attempts to obtain the services of a speech and language or audiology provider licensed under this chapter have been unsuccessful.
Sec. 3319.228. (A) This section applies only to a person who meets the following conditions:
(1) Holds a minimum of a baccalaureate degree;
(2) Has been licensed and employed as a teacher in another state for each of the preceding five years;
(3) Was initially licensed as a teacher in any state within the preceding fifteen years;
(4) Has not had a teacher's license suspended or revoked in any state.
(B)(1) Not later than July 1, 2012, the superintendent of public instruction shall develop a list of states that the superintendent considers to have standards for teacher licensure that are inadequate to ensure that a person to whom this section applies and who was most recently licensed to teach in that state is qualified for a professional educator license issued under section 3319.22 of the Revised Code.
(2) Following development of the list, the superintendent shall establish a panel of experts to evaluate the adequacy of the teacher licensure standards of each state on the list. Each person selected by the superintendent to be a member of the panel shall be approved by the state board of education. In evaluating the superintendent's list, the panel shall provide an opportunity for representatives of the department of education, or similar state-level agency, of each state on the list to provide evidence to refute the state's placement on the list.
Not later than April 1, 2013, the panel shall recommend to the state board that the list be approved without changes or that specified states be removed from the list prior to approval. Not later than July 1, 2013, the state board shall approve a final list of states with standards for teacher licensure that are inadequate to ensure that a person to whom this section applies and who was most recently licensed to teach in that state is qualified for a professional educator license issued under section 3319.22 of the Revised Code.
(C) Except as otherwise provided in division (E)(1) of this section, until the date on which the state board approves a final list of states with inadequate teacher licensure standards under division (B)(2) of this section, the state board shall issue a one-year provisional educator license to any applicant to whom this section applies. On and after that date, neither the state board nor the department of education and workforce shall be party to any reciprocity agreement with a state on that list that requires the state board to issue a person to whom this section applies any type of professional educator license on the basis of the person's licensure and teaching experience in that state.
(D) Upon the expiration of a provisional license issued to a person under division (C) of this section, the state board shall issue the person a professional educator license, if the person satisfies either of the following conditions:
(1) The person was issued the provisional license prior to the development of the list by the state superintendent under division (B)(1) of this section and, prior to issuance of the provisional license, the person was most recently licensed to teach by a state not on the superintendent's list or, if the final list of states with inadequate teacher licensure standards has been approved by the state board under division (B)(2) of this section, by a state not on that list.
(2) All of the following apply to the person:
(a) Prior to obtaining the provisional license, the person was most recently licensed to teach by a state on the superintendent's list or, if the final list of states with inadequate teacher licensure standards has been approved by the state board under division (B)(2) of this section, by a state on that list.
(b) The person was employed under the provisional license by a school district; community school established under Chapter 3314. of the Revised Code; science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code; or an entity contracted by such a district or school to provide internet- or computer-based instruction or distance learning programs to students.
(c) The district or school certifies to the state board that the person's teaching was satisfactory while employed or contracted by the district or school.
(E)(1) From July 1, 2012, until the date on which the state board approves a final list of states with inadequate teacher licensure standards under division (B)(2) of this section, the state board shall issue a professional educator license to any applicant to whom this section applies and who was most recently licensed to teach by a state that is not on the list developed by the state superintendent under division (B)(1) of this section.
(2) Beginning on the date on which the state board approves a final list of states with inadequate teacher licensure standards under division (B)(2) of this section, the state board shall issue a professional educator license to any applicant to whom this section applies and who was most recently licensed to teach by a state that is not on that list.
Sec. 3319.229. (A)(1) Notwithstanding the repeal of former section 3319.229 of the Revised Code by S.B. 216 of the 132nd general assembly, the state board of education shall accept applications for new, and for renewal of, professional career-technical teaching licenses through June 30, 2019, and issue them on the basis of the applications received by that date in accordance with the rules described in that former section. Except as otherwise provided in divisions (A)(2) and (3) of this section, beginning July 1, 2019, the state board shall issue career-technical workforce development educator licenses only under this section.
(2) An individual who, on July 1, 2019, holds a professional career-technical teaching license issued under the rules described in former section 3319.229 of the Revised Code, may continue to renew that license in accordance with those rules for the remainder of the individual's teaching career. However, nothing in this division shall be construed to prohibit the individual from applying to the state board for a career-technical workforce development educator license under this section.
(3) An individual who, on July 1, 2019, holds an alternative resident educator license for teaching career-technical education issued under section 3319.26 of the Revised Code may, upon the expiration of the license, apply for a professional career-technical teaching license issued under the rules described in former section 3319.229 of the Revised Code. Such an individual may continue to renew the professional license in accordance with those rules for the remainder of the individual's teaching career. However, nothing in this division shall be construed to prohibit the individual from applying to the state board for a career-technical workforce development educator license under this section.
(B) The state board, in collaboration with the chancellor of higher education, shall adopt rules establishing standards and requirements for obtaining a two-year initial career-technical workforce development educator license and a five-year advanced career-technical workforce development educator license. Each license shall be valid for teaching career-technical education or workforce development programs in grades four through twelve. The rules shall require applicants for either license to have a high school diploma or a certificate of high school equivalence as awarded under section 3301.80 of the Revised Code or as recognized as the equivalent of such certificate under division (C) of that section.
(C)(1)
The state board shall issue an initial career-technical workforce
development educator license to an applicant upon request from the
superintendent of a school district that has agreed to employ the
applicant. In making the request, the superintendent shall provide
documentation, in accordance with procedures prescribed by the
department
of education
state
board,
showing that the applicant has at least five years of work
experience, or the equivalent, in the subject area in which the
applicant will teach. The license shall be valid for teaching only in
the requesting district. The superintendent also shall provide
documentation, in accordance with procedures prescribed by the
department
state
board,
that the applicant is enrolled in a career-technical workforce
development educator preparation program offered by an institution of
higher education that has an existing teacher preparatory program in
place that meets all of the following criteria:
(a) Is approved by the chancellor of higher education to provide instruction in teaching methods and principles;
(b) Provides classroom support to the license holder;
(c) Includes at least three semester hours of coursework in the teaching of reading in the subject area;
(d) Is aligned with career-technical education and workforce development competencies developed by the department;
(e) Uses a summative performance-based assessment developed by the program and aligned to the competencies described in division (C)(1)(d) of this section to evaluate the license holder's knowledge and skills;
(f) Consists of not less than twenty-four semester hours of coursework, or the equivalent.
(2) As a condition of continuing to hold the initial career-technical workforce development license, the holder of the license shall be participating in a career-technical workforce development educator preparation program described in division (C)(1) of this section.
(3) The state board shall renew an initial career-technical workforce development educator license if the supervisor of the program described in division (C)(1) of this section and the superintendent of the employing school district indicate that the applicant is making sufficient progress in both the program and the teaching position.
(D) The state board shall issue an advanced career-technical workforce development educator license to an applicant who has successfully completed the program described in division (C)(1) of this section, as indicated by the supervisor of the program, and who demonstrates mastery of the applicable career-technical education and workforce development competencies described in division (C)(1)(d) of this section in the teaching position, as indicated by the superintendent of the employing school district.
(E) The holder of an advanced career-technical workforce development educator license shall work with a local professional development committee established under section 3319.22 of the Revised Code in meeting requirements for renewal of the license.
(F) Notwithstanding the provisions of section 3319.226 of the Revised Code, the state board shall not require any applicant for an educator license for substitute teaching who holds a license issued under this section to hold a post-secondary degree in order to be issued a license under section 3319.226 of the Revised Code to work as a substitute teacher for career-technical education classes.
Sec. 3319.231. As used in this section, "community service" has the same meaning as in section 3313.605 of the Revised Code.
The
state
board department
of
education and
workforce shall
adopt rules establishing qualifications for the teaching of community
service education for high school credit under division (C) of
section 3313.605 of the Revised Code. In addition, the board
department
shall
provide technical assistance to school districts providing community
service instructional programs for teachers.
Sec.
3319.234. The
teacher quality partnership, a consortium of teacher preparation
programs that have been approved by the chancellor of the
Ohio board of regents higher
education under
section 3333.048 of the Revised Code, shall study the relationship of
teacher performance on educator licensure assessments, as adopted by
the state board of education under section 3319.22 of the Revised
Code, to teacher effectiveness in the classroom. Not later than
September 1, 2008, the partnership shall begin submitting annual data
reports along with any other data on teacher effectiveness the
partnership determines appropriate to the governor, the president and
minority leader of the senate, the speaker and minority leader of the
house of representatives, the chairpersons and ranking minority
members of the standing committees of the senate and the house of
representatives that consider education legislation, the
superintendent
of public instruction, the state
board of education, and the chancellor
of
the Ohio board of regents.
Sec. 3319.235. (A) The standards for the preparation of teachers adopted under section 3333.048 of the Revised Code shall require any institution that provides a course of study for the training of teachers to ensure that graduates of such course of study are skilled at integrating educational technology in the instruction of children, as evidenced by the graduate having either demonstrated proficiency in such skills in a manner prescribed by the department of education and workforce or completed a course that includes training in such skills.
(B)
The chancellor of the
Ohio board of regents, higher
education, in
consultation with the department of education
and
workforce,
shall establish model professional development programs to assist
teachers who completed their teacher preparation prior to the
effective date of division (A) of this section to become skilled at
integrating educational technology in the instruction of children.
The chancellor shall provide technical assistance to school districts
wishing to establish such programs.
Sec. 3319.236. (A) Except as provided in division (B) of this section, a school district shall require an individual to hold a valid educator license in computer science, or have a license endorsement in computer technology and a passing score on a content examination in the area of computer science, to teach computer science courses.
(B) A school district may employ an individual, for the purpose of teaching computer science courses, who holds a valid educator license in any of grades kindergarten through twelve, provided the individual meets the requirements established by rules of the state board of education to qualify for a supplemental teaching license for teaching computer science. The rules shall require an applicant for a supplemental teaching license to pass a content examination in the area of computer science. The rules also shall permit an individual, after at least two years of successfully teaching computer science courses under the supplemental teaching license, to advance to a standard educator license in computer science by completing a pedagogy course applicable to the grade levels in which the individual is teaching. However, the rules may exempt an individual teaching computer science from the requirement to complete a pedagogy course if the individual previously completed a pedagogy course applicable to the grade levels in which the individual is teaching.
(C) In order for an individual to teach advanced placement computer science courses, a school district shall require the individual to also complete a professional development program endorsed or provided by the organization that creates and administers national advanced placement examinations. For this purpose, the individual may complete the program at any time during the calendar year.
(D)
Notwithstanding section 3301.012 of the Revised Code, as used in this
section, "computer science courses" means any courses that
are reported in the education management information system
established under section 3301.0714 of the Revised Code as computer
science courses and which are aligned to computer science standards
adopted by the state
board department
of
education
and
workforce.
Sec. 3319.25. Any teacher performance assessment entity with which the department of education and workforce or the state board of education contracts or any independent agent with whom such entity, the department, or the state board contracts to provide services as a teacher performance assessor, trainer of assessors, or assessment coordinator is not liable for damages in a civil action concerning the actions of such entity or agent made in the conduct of a teacher performance assessment unless those actions were conducted with malicious purpose, in bad faith, or in a wanton or reckless manner.
As used in this section, "teacher performance assessment" means an assessment prescribed by the state board of education to measure the classroom performance of a teacher who is a candidate for licensure based on observations conducted by a trained assessor while the teacher is engaged in actual classroom instruction.
Sec. 3319.262. (A) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board of education to the contrary, the state board shall adopt rules establishing standards and requirements for obtaining a nonrenewable four-year initial early college high school educator license for teaching grades seven through twelve at an early college high school described in section 3313.6013 of the Revised Code to any applicant who meets the following conditions:
(1)
Has a graduate or terminal degree from an accredited institution of
higher education in a field related to the subject area to be taught,
as determined by the
department
of education
state
board;
(2) Has obtained a passing score on an examination in the subject area to be taught, as prescribed by the state board;
(3) Has experience teaching students at any grade level, including post-secondary students;
(4) Has proof that an early college high school intends to employ the applicant pending a valid license under this section.
An individual licensed under this section shall be subject to sections 3319.291 and 3319.39 of the Revised Code. An initial educator license issued under division (A) of this section shall be valid for teaching only at the employing school described in division (A)(4) of this section.
(B)
After four years of teaching under an initial early college high
school educator license issued under this section, an individual may
apply for a renewable five-year professional educator license in the
same subject area named in the initial license. The state board shall
issue the applicant a professional educator license if the applicant
attains a passing score on an assessment of professional knowledge
prescribed by the state board. Nothing in division (B) of this
section shall be construed to prohibit an individual from applying
for a professional
education
educator
license
under section 3319.22 of the Revised Code.
Sec.
3319.263. Beginning
on the first day of July succeeding the effective date of this
sectionand for only five years thereafterUntil
July 1, 2028,
notwithstanding anything to the contrary in section 3319.26 of the
Revised Code or any rule of the state board of education adopted
under that section, the state board and
the department of education shall
not limit the subject areas for which an individual may receive an
alternative resident educator license issued under that section.
Sec. 3319.28. (A) As used in this section, "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(B) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board of education to the contrary, the state board shall issue a two-year provisional educator license for teaching science, technology, engineering, or mathematics in grades six through twelve in a STEM school to any applicant who meets the following conditions:
(1) Holds a bachelor's degree from an accredited institution of higher education in a field related to the subject area to be taught;
(2) Has passed an examination prescribed by the state board in the subject area to be taught.
(C) The holder of a provisional educator license issued under this section shall complete a structured apprenticeship program provided by an educational service center or a teacher preparation program approved under section 3333.048 of the Revised Code, in partnership with the STEM school that employs the license holder. The apprenticeship program shall include the following:
(1) Mentoring by a teacher or administrator who regularly observes the license holder's classroom instruction, provides feedback on the license holder's teaching strategies and classroom management, and engages the license holder in discussions about methods for fostering and measuring student learning;
(2) Regularly scheduled seminars or meetings that address the following topics:
(a)
The statewide academic standards adopted by
the state board under
section 3301.079 of the Revised Code and the importance of aligning
curriculum with those standards;
(b) The achievement assessments prescribed by section 3301.0710 of the Revised Code;
(c) The school district and building accountability system established under Chapter 3302. of the Revised Code;
(d) Instructional methods and strategies;
(e) Student development;
(f) Assessing student progress and providing remediation and intervention, as necessary, to meet students' special needs;
(g) Classroom management and record keeping.
(D) After two years of teaching under a provisional educator license issued under this section, a person may apply for a five-year professional educator license in the same subject area named in the provisional license. The state board shall issue the applicant a professional educator license if the applicant meets the following conditions:
(1) The applicant completed the apprenticeship program described in division (C) of this section.
(2) The applicant receives a positive recommendation indicating that the applicant is an effective teacher from both of the following:
(a) The chief administrative officer of the STEM school that most recently employed the applicant as a classroom teacher;
(b) The educational service center or teacher preparation program administrator in charge of the apprenticeship program completed by the applicant.
(3) The applicant meets all other requirements for a professional educator license adopted by the state board under section 3319.22 of the Revised Code.
(E)
The department
of education state
board shall
evaluate the experiences of STEM schools with classroom teachers
holding provisional educator licenses issued under this section. The
evaluation shall cover the first two school years for which licenses
are issued and shall consider at least the schools' satisfaction with
the teachers and the operation of the apprenticeship programs.
Sec. 3319.291. (A) The state board of education shall require each of the following persons, at the times prescribed by division (A) of this section, to undergo a criminal records check, unless the person has undergone a records check under this section or a former version of this section less than five years prior to that time.
(1) Any person initially applying for any certificate, license, or permit described in this chapter or in division (B) of section 3301.071 or in section 3301.074 of the Revised Code at the time that application is made;
(2) Any person applying for renewal of any certificate, license, or permit described in division (A)(1) of this section at the time that application is made;
(3) Any person who is teaching under a professional teaching certificate issued under former section 3319.222 of the Revised Code upon a date prescribed by the state board;
(4) Any person who is teaching under a permanent teaching certificate issued under former section 3319.22 as it existed prior to October 29, 1996, or under former section 3319.222 of the Revised Code upon a date prescribed by the state board and every five years thereafter.
(B)(1) Except as otherwise provided in division (B)(2) of this section, the state board shall require each person subject to a criminal records check under this section to submit two complete sets of fingerprints and written permission that authorizes the superintendent of public instruction to forward the fingerprints to the bureau of criminal identification and investigation pursuant to division (F) of section 109.57 of the Revised Code and that authorizes that bureau to forward the fingerprints to the federal bureau of investigation for purposes of obtaining any criminal records that the federal bureau maintains on the person.
(2) If both of the following conditions apply to a person subject to a criminal records check under this section, the state board shall require the person to submit one complete set of fingerprints and written permission that authorizes the superintendent of public instruction to forward the fingerprints to the bureau of criminal identification and investigation so that bureau may forward the fingerprints to the federal bureau of investigation for purposes of obtaining any criminal records that the federal bureau maintains on the person:
(a) Under this section or any former version of this section, the state board or the superintendent of public instruction previously requested the superintendent of the bureau of criminal identification and investigation to determine whether the bureau has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
(C) Except as provided in division (D) of this section, prior to issuing or renewing any certificate, license, or permit for a person described in division (A)(1) or (2) of this section who is subject to a criminal records check and in the case of a person described in division (A)(3) or (4) of this section who is subject to a criminal records check, the state board or the superintendent of public instruction shall do one of the following:
(1) If the person is required to submit fingerprints and written permission under division (B)(1) of this section, request the superintendent of the bureau of criminal identification and investigation to determine whether the bureau has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, pertaining to the person and to obtain any criminal records that the federal bureau of investigation has on the person.
(2) If the person is required to submit fingerprints and written permission under division (B)(2) of this section, request the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the federal bureau of investigation has on the person.
(D) The state board or the superintendent of public instruction may choose not to request any information about a person required by division (C) of this section if the person provides proof that a criminal records check that satisfies the requirements of that division was conducted on the person as a condition of employment pursuant to section 3319.39 of the Revised Code within the immediately preceding year. The state board or the superintendent of public instruction may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by the person in lieu of requesting that information under division (C) of this section if the records were issued by the bureau within the immediately preceding year.
(E)(1)
If a person described in division (A)(3) or (4) of this section who
is subject to a criminal records check fails to submit fingerprints
and written permission by the date specified in the applicable
division, and the state board or the superintendent of public
instruction does not apply division (D) of this section to the
person, or if a person who is subject to division (G) of this section
fails to submit fingerprints and written permission by the date
prescribed under that division, the superintendent shall prepare a
written notice stating that if the person does not submit the
fingerprints and written permission within fifteen days after the
date the notice was mailed, the person's application will be rejected
or the person's professional or permanent teaching certificate or
license will be inactivated. The superintendent shall send the
notification by regular mail to the person's last known residence
address or last known place of employment, as indicated in the
department
of education's state
board's records,
or both.
If
the person fails to submit the fingerprints and written permission
within fifteen days after the date the notice was mailed, the
superintendent of public instruction, on behalf of the state board,
shall issue a written order rejecting the application or inactivating
the person's professional or permanent teaching certificate or
license. The rejection or inactivation shall remain in effect until
the person submits the fingerprints and written permission. The
superintendent shall send the order by regular mail to the person's
last known residence address or last known place of employment, as
indicated in the department's
state
board's records,
or both. The order shall state the reason for the rejection or
inactivation and shall explain that the rejection or inactivation
remains in effect until the person submits the fingerprints and
written permission.
The rejection or inactivation of a professional or permanent teaching certificate or license under division (E)(1) of this section does not constitute a suspension or revocation of the certificate or license by the state board under section 3319.31 of the Revised Code and the state board and the superintendent of public instruction need not provide the person with an opportunity for a hearing with respect to the rejection or inactivation.
(2) If a person whose professional or permanent teaching certificate or license has been rejected or inactivated under division (E)(1) of this section submits fingerprints and written permission as required by division (B) or (G) of this section, the superintendent of public instruction, on behalf of the state board, shall issue a written order issuing or reactivating the certificate or license. The superintendent shall send the order to the person by regular mail.
(F) Notwithstanding divisions (A) to (C) of this section, if a person holds more than one certificate, license, or permit described in division (A)(1) of this section, the following shall apply:
(1)
If the certificates, licenses, or permits are of different durations,
the person shall be subject to divisions (A) to (C) of this section
only when applying for renewal of the certificate, license, or permit
that is of the longest duration. Prior to renewing any certificate,
license, or permit with a shorter duration, the state board or the
superintendent of public instruction shall determine whether the
department
of educationstate
board
has
received any information about the person pursuant to section
109.5721 of the Revised Code, but the person shall not be subject to
divisions (A) to (C) of this section as long as the person's
certificate, license, or permit with the longest duration is valid.
(2)
If the certificates, licenses, or permits are of the same duration
but do not expire in the same year, the person shall designate one of
the certificates, licenses, or permits as the person's primary
certificate, license, or permit and shall notify the department
state
board of
that designation. The person shall be subject to divisions (A) to (C)
of this section only when applying for renewal of the person's
primary certificate, license, or permit. Prior to renewing any
certificate, license, or permit that is not the person's primary
certificate, license, or permit, the state board or the
superintendent of public instruction shall determine whether the
department
state
board has
received any information about the person pursuant to section
109.5721 of the Revised Code, but the person shall not be subject to
divisions (A) to (C) of this section as long as the person's primary
certificate, license, or permit is valid.
(3) If the certificates, licenses, or permits are of the same duration and expire in the same year and the person applies for renewal of the certificates, licenses, or permits at the same time, the state board or the superintendent of public instruction shall request only one criminal records check of the person under division (C) of this section.
(G)
If the department
state
board is
unable to enroll a person who has submitted an application for
licensure, or to whom the state board has issued a license, in the
retained applicant fingerprint database established under section
109.5721 of the Revised Code because the person has not satisfied the
requirements for enrollment, the department
board
shall
require the person to satisfy the requirements for enrollment,
including requiring the person to submit, by a date prescribed by the
departmentstate
board,
one complete set of fingerprints and written permission that
authorizes the superintendent of public instruction to forward the
fingerprints to the bureau of criminal identification and
investigation for the purpose of enrolling the person in the
database. If the person fails to comply by the prescribed date, the
department
state
board shall
reject the application or shall take action to inactivate the
person's license in accordance with division (E) of this section.
Sec. 3319.292. As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
The
state board of education and
the department of education may
question an applicant for issuance or renewal of any license with
respect to any criminal offense committed or alleged to have been
committed by the applicant. If the record of a conviction, plea of
guilty, bail forfeiture, or other disposition of a criminal offense
committed or alleged to have been committed by the applicant has been
sealed or expunged, the state board and
the department need
not assert or demonstrate that its questioning with respect to the
offense bears a direct and substantial relationship to the issuance
or renewal of the license or to the position in which the applicant
will work under the license.
Any questions regarding a record of a conviction, plea of guilty, bail forfeiture, or other disposition of a criminal offense committed or alleged to have been committed by the applicant that has been sealed or expunged and the responses of the applicant to such questions shall not be a public record under section 149.43 of the Revised Code.
Sec.
3319.316. The
department
of education, on behalf of the state
board of education,
shall
be a participating public office for purposes of the retained
applicant fingerprint database established under section 109.5721 of
the Revised Code and shall receive notification from the bureau of
criminal identification and investigation of the arrest or conviction
of persons to whom the state board has issued a license, as defined
in section 3319.31 of the Revised Code.
Sec.
3319.319. The
appointing or hiring officer of a school district or school located
in Ohio or another state may request from the department
state
board of
education any report the
department has received
under sections 3314.40, 3319.313, 3326.24, 3328.19, or 5126.253 of
the Revised Code regarding an individual who is under consideration
for employment by the district or school. If the department
superintendent
of public instruction has
received a report under any of those sections regarding the
individual, the department
state
superintendent shall
provide the contents of the report to the requesting officer. Upon
provision of the contents of the report to the requesting officer,
the department
state
superintendent shall
notify the officer that the information provided is confidential and
may not be disseminated to any other person or entity.
If
the department
state
superintendent provides
the contents of a report to an appointing or hiring officer under
this section, the department
state
superintendent shall
document the information provided in the record of any investigation
undertaken pursuant to section 3319.311 of the Revised Code based on
the report. Such documentation shall include a list of the
information provided, the date the information was provided, and the
name and contact information of the appointing or hiring officer to
whom the information was provided.
Sec.
3319.33. On
or before the first day of August in each year, the board of
education of each city, exempted village, and local school district
shall report to the state
board department
of
education and
workforce the
school statistics of its district. Such report shall be made on forms
furnished by the state
board of education department
and
shall contain such information as the state
board of education department
requires.
The report shall also set forth with respect to each civil proceeding
in which the board of education is a defendant and each civil
proceeding in which the board of education is a party and is not a
defendant and in which one of the other parties is a board of
education in this state or an officer, board, or official of this
state:
(A) The nature of the proceeding;
(B) The capacity in which the board is a party to the proceeding;
(C) The total expenses incurred by the board with respect to the proceeding;
(D) The total expenses incurred by the board with respect to the proceeding during the reporting period.
Divisions (A) to (D) of this section do not apply to any proceeding for which no expenses have been incurred during the reporting period.
The board of education of each city, exempted village, and local school district may prepare and publish annually a report of the condition and administration of the schools under its supervision which shall include therein an exhibit of the financial affairs of the district and the information required in divisions (A) to (D) of this section. Such annual report shall be for a full year.
Sec.
3319.35. If
the superintendent or treasurer of any school district or educational
service center fails to prepare any required report, that
superintendent shall be liable in the sum of three hundred dollars,
to be recovered by a civil action. In the case of reports required to
be submitted to the superintendent, such action shall be instituted
in the name of the governing board of the service center upon the
complaint of the service center superintendent and the amount
collected shall be paid into the service center's general fund. In
the case of reports to be submitted to the state
board department
of
education
and
workforce,
the action shall be instituted in the name of the state on complaint
of the board and the amount collected shall be paid into the general
revenue fund.
Sec. 3319.361. (A) The state board of education shall establish rules for the issuance of a supplemental teaching license. This license shall be issued at the request of the superintendent of a city, local, exempted village, or joint vocational school district, educational service center, or the governing authority of a STEM school, chartered nonpublic school, or community school to an individual who meets all of the following criteria:
(1) Holds a current professional or permanent Ohio teaching certificate or resident educator license, professional educator license, senior professional educator license, or lead professional educator license, as issued under section 3319.22 or 3319.26 of the Revised Code;
(2) Is of good moral character;
(3) Is employed in a supplemental licensure area or teaching field, as defined by the state board;
(4) Completes an examination prescribed by the state board in the licensure area;
(5) Completes, while employed under the supplemental teaching license and subsequent renewals thereof, additional coursework, if applicable, and testing requirements for full licensure in the supplemental area as a condition of holding and teaching under a supplemental teaching license.
(B) The employing school district, service center, or school shall assign a mentor to the individual holding a supplemental teaching license. The assigned mentor shall be an experienced teacher who currently holds a license in the same, or a related, content area as the supplemental license.
(C)
Before the
department
of education
state
board
will
issue an individual a supplemental teaching license in another area,
the supplemental licensee must complete the supplemental licensure
program, or its equivalent, and be issued a standard teaching license
in the area of the currently held supplemental license.
(D) An individual may advance from a supplemental teaching license to a standard teaching license upon:
(1) Verification from the employing superintendent or governing authority that the individual holding the supplemental teaching license has taught successfully in the licensure area for a minimum of two years; and
(2) Completing requirements as applicable to the licensure area or teaching field as established by the state board.
(E) A licensee who has filed an application under this section may work in the supplemental licensure area for up to sixty school days while completing the requirements in division (A)(4) of this section. If the requirements are not completed within sixty days, the application shall be declined.
Sec. 3319.39. (A)(1) Except as provided in division (F)(2)(b) of section 109.57 of the Revised Code, the appointing or hiring officer of the board of education of a school district, the governing board of an educational service center, or of a chartered nonpublic school shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the school district, educational service center, or school for employment in any position. The appointing or hiring officer shall request that the superintendent include information from the federal bureau of investigation in the criminal records check, unless all of the following apply to the applicant:
(a) The applicant is applying to be an instructor of adult education.
(b) The duties of the position for which the applicant is applying do not involve routine interaction with a child or regular responsibility for the care, custody, or control of a child or, if the duties do involve such interaction or responsibility, during any period of time in which the applicant, if hired, has such interaction or responsibility, another employee of the school district, educational service center, or chartered nonpublic school will be present in the same room with the child or, if outdoors, will be within a thirty-yard radius of the child or have visual contact with the child.
(c) The applicant presents proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or provides evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check.
(2) A person required by division (A)(1) of this section to request a criminal records check shall provide to each applicant a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the person requests a criminal records check pursuant to division (A)(1) of this section.
(3) An applicant who receives pursuant to division (A)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the board of education of a school district, governing board of an educational service center, or governing authority of a chartered nonpublic school shall not employ that applicant for any position.
(4) Notwithstanding any provision of this section to the contrary, an applicant who meets the conditions prescribed in divisions (A)(1)(a) and (b) of this section and who, within the two-year period prior to the date of application, was the subject of a criminal records check under this section prior to being hired for short-term employment with the school district, educational service center, or chartered nonpublic school to which application is being made shall not be required to undergo a criminal records check prior to the applicant's rehiring by that district, service center, or school.
(B)(1)
Except as provided in rules adopted by the department
state
board of
education in accordance with division (E) of this section and as
provided in division (B)(3) of this section, no board of education of
a school district, no governing board of an educational service
center, and no governing authority of a chartered nonpublic school
shall employ a person if the person previously has been convicted of
or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, another state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1)(a) of this section.
(2) A board, governing board of an educational service center, or a governing authority of a chartered nonpublic school may employ an applicant conditionally until the criminal records check required by this section is completed and the board or governing authority receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (B)(1) of this section, the applicant does not qualify for employment, the board or governing authority shall release the applicant from employment.
(3) No board and no governing authority of a chartered nonpublic school shall employ a teacher who previously has been convicted of or pleaded guilty to any of the offenses listed in section 3319.31 of the Revised Code.
(C)(1) Each board and each governing authority of a chartered nonpublic school shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (A)(1) of this section of the appointing or hiring officer of the board or governing authority.
(2) A board and the governing authority of a chartered nonpublic school may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section. A fee charged under this division shall not exceed the amount of fees the board or governing authority pays under division (C)(1) of this section. If a fee is charged under this division, the board or governing authority shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the board or governing authority will not consider the applicant for employment.
(D) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request under division (A)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the applicant who is the subject of the criminal records check or the applicant's representative, the board or governing authority requesting the criminal records check or its representative, and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant.
(E)
The department
of education state
board shall
adopt rules pursuant to Chapter 119. of the Revised Code to implement
this section, including rules specifying circumstances under which
the board or governing authority may hire a person who has been
convicted of an offense listed in division (B)(1) or (3) of this
section but who meets standards in regard to rehabilitation set by
the
department
state
board.
Any rules adopted by the department
state
board under
this division regarding the employment of a person holding a
certificate, license, or permit described in this chapter or in
division (B) of section 3301.071 or in section 3301.074 of the
Revised Code shall comply with section 9.79 of the Revised Code.
The
department
state
board shall
amend rule 3301-83-23 of the Ohio Administrative Code that took
effect August 27, 2009, and that specifies the offenses that
disqualify a person for employment as a school bus or school van
driver and establishes rehabilitation standards for school bus and
school van drivers.
(F) Any person required by division (A)(1) of this section to request a criminal records check shall inform each person, at the time of the person's initial application for employment, of the requirement to provide a set of fingerprint impressions and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for the school district, educational service center, or school for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a board of education, governing board of an educational service center, or a chartered nonpublic school, except that "applicant" does not include a person already employed by a board or chartered nonpublic school who is under consideration for a different position with such board or school.
(2) "Teacher" means a person holding an educator license or permit issued under section 3319.22 or 3319.301 of the Revised Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution requesting the assistance of the educational service center in which the local district has territory in conducting criminal records checks of substitute teachers and substitutes for other district employees under this section, the appointing or hiring officer of such educational service center shall serve for purposes of this section as the appointing or hiring officer of the local board in the case of hiring substitute teachers and other substitute employees for the local district.
Sec. 3319.391. This section applies to any person hired by a school district, educational service center, or chartered nonpublic school in any position that does not require a "license" issued by the state board of education, as defined in section 3319.31 of the Revised Code, and is not for the operation of a vehicle for pupil transportation.
(A)
For each person to whom this section applies who is hired on or after
November 14, 2007, the employer shall request a criminal records
check in accordance with section 3319.39 of the Revised Code and
shall request a subsequent criminal records check by the fifth day of
September every fifth year thereafter. For each person to whom this
division applies who is hired prior to November 14, 2007, the
employer shall request a criminal records check by a date prescribed
by the department
of education state
board and
shall request a subsequent criminal records check by the fifth day of
September every fifth year thereafter.
(B)(1) Each request for a criminal records check under this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under this section.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
(2) Upon receipt of a request under division (B)(1) of this section, the superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(C)
Any person who is the subject of a criminal records check under this
section and has been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised Code
shall not be hired or shall be released from employment, as
applicable, unless the person meets the rehabilitation standards
adopted by the department
state
board under
division (E) of that section.
Sec. 3319.393. (A) Each school district and chartered nonpublic school shall include the following notice in boldface type in each employment application: "ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."
(B)(1)
Each district and chartered nonpublic school shall consult the
"educator profile" database maintained on the web site of
the department
state
board of
education prior to making any hiring decision.
(2) After consulting the "educator profile" database, a district or chartered nonpublic school may further discern the employment, disciplinary, or criminal record of an applicant for employment in either or both of the following ways:
(a)
Consulting the state
board of education's office
of professional conduct within
the department of education in
accordance with section 3319.319 of the Revised Code to determine
whether the individual has been the subject of either:
(i)
Any notice to the department
superintendent
of public instruction under
section 3314.40, 3319.313, 3326.24, 3328.19, or 5126.253 of the
Revised Code;
(ii)
Any disciplinary actions conducted by the departmentstate
board.
(b) Consulting any prior education-related employers of the individual.
(3) A district or chartered nonpublic school may require additional background checks other than the criminal records checks authorized under sections 109.574 to 109.577 of the Revised Code or those required under section 3319.39 or 3319.391 of the Revised Code for any applicant for employment or potential volunteer.
(C) A district or chartered nonpublic school may conditionally employ an individual pending the receipt of information sought in accordance with division (B)(2) of this section. Should that information indicate that the individual has engaged in conduct unbecoming to the teaching profession or has committed an offense that prevents, limits, or otherwise affects the applicant's employment with the district or school, the district or chartered nonpublic school may release the individual from employment.
Sec. 3319.40. (A) As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a school district or chartered nonpublic school is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 of the Revised Code, if the person holds a license, or an offense listed in division (B)(1) of section 3319.39 of the Revised Code, if the person does not hold a license, the superintendent of the district or the chief administrative officer of the chartered nonpublic school shall suspend that person from all duties that require the care, custody, or control of a child during the pendency of the criminal action against the person. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is a person whose duties are assigned by the district treasurer under division (B) of section 3313.31 of the Revised Code, the treasurer shall suspend the person from all duties that require the care, custody, or control of a child. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is the superintendent or treasurer of the district, the district board shall suspend the superintendent or treasurer from all duties that require the care, custody, or control of a child. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is the chief administrative officer of the chartered nonpublic school, the governing authority of the chartered nonpublic school shall suspend the chief administrative officer from all duties that require the care, custody, or control of a child.
(C)
When a person who holds a license is suspended in accordance with
this section, the superintendent, treasurer, board of education,
chief administrative officer, or governing authority that imposed the
suspension promptly shall report the person's suspension to the
department
state
board of
education. The report shall include the offense for which the person
was arrested, summoned, or indicted.
Sec.
3319.44. True
copies of all contracts made on behalf of this state pursuant to
sections 3319.42 and 3319.43 of the Revised Code shall be kept on
file in the offices of the state
department
of education
and
workforce
and
of the secretary of state. The state
department
of education
and
workforce
shall
publish all such contracts in convenient form.
Sec.
3319.46. (A)(1)
The state
board department
of
education and
workforce shall
adopt rules under Chapter 119. of the Revised Code that establish
both of the following:
(a) A policy and standards for the implementation of positive behavior intervention and supports framework;
(b) A policy and standards for the use of physical restraint or seclusion on students.
(2)
Within
ninety days after the effective date of this amendment, the state
board The
department shall
amend or update rule 3301-35-15 of the Administrative Code to reflect
the requirements of this section.
(B)(1) Each school district board of education shall do all of the following:
(a) Implement a positive behavior intervention and supports framework on a system-wide basis that complies with this section;
(b)
Comply with any policy and standards adopted, amended, or updated by
the state
board department
under
this section;
(c)
Submit any reports required by the department of
education or
the general assembly with respect to the implementation of a positive
behavior intervention and supports framework or suspension and
expulsion of students in any of grades pre-kindergarten through
three.
(2) Each school district's positive behavior intervention and supports framework may focus on the following:
(a) Comprehensive, school-wide data systems that enable monitoring of academic progress, behavioral incidents, attendance, and other critical indicators across classrooms;
(b) School-wide investment in evidence-based curricula and effective instructional strategies, matched to students' needs, and data to support teachers' academic instruction;
(c) An expectation by school administrators that classroom practices be linked to and aligned with the school-wide system;
(d) Improving staff climate and culture regarding the role of discipline in the classroom, established through the use of positive and proactive communication and staff recognition.
(C) For purposes of this section, "positive behavior intervention and supports framework" or "positive behavior intervention and supports" means a multi-tiered, school-wide, behavioral framework developed and implemented for the purpose of improving academic and social outcomes and increasing learning for all students.
(D)
The department of
education shall
oversee each school district's and school's compliance with this
section.
Sec.
3319.55. (A)
A grant program is hereby established to recognize and reward
teachers in public and chartered nonpublic schools who hold valid
teaching certificates or licenses issued by the national board for
professional teaching standards. The superintendent
of public instruction department
of education and workforce shall
administer this program in accordance with this section and the
rules
which
the state board of education it
adopts. The department shall
adopt those
rules in
accordance with Chapter 119. of the Revised Code.
In
each fiscal year that the general assembly appropriates funds for
purposes of this section, the superintendent
of public instruction department
shall
award a grant to each person who, by the first day of April of that
year and in accordance with the rules adopted under this section,
submits to the superintendent
department
evidence
indicating both of the following:
(1) The person holds a valid certificate or license issued by the national board for professional teaching standards;
(2) The person has been employed full-time as a teacher by the board of education of a school district or by a chartered nonpublic school in this state during the current school year.
An individual may receive a grant under this section in each fiscal year the person is eligible for a grant and submits evidence of that eligibility in accordance with this section. No person may receive a grant after the expiration of the person's initial certification or license issued by the national board.
(B)
The amount of the grant awarded to each eligible person under
division (A) of this section in any fiscal year shall equal two
thousand five hundred dollars. However, if the funds appropriated for
purposes of this section in any fiscal year are not sufficient to
award the full grant amount to each person who is eligible in that
fiscal year, the superintendent
department
shall
prorate the amount of the grant awarded in that fiscal year to each
eligible person.
Sec. 3319.56. The department of education and workforce shall identify promising practices in Ohio and throughout the country for engaging teachers certified by the national board for professional teaching standards, and lead teachers who meet the criteria adopted by the educator standards board pursuant to section 3319.61 of the Revised Code, in ways that add value beyond their own classrooms. Practices identified by the department as promising may include placing national board certified and lead teachers in key roles in peer review programs; having such teachers serve as coaches, mentors, and trainers for other teachers; or having such teachers develop curricula or instructional integration strategies.
Once the department has identified promising practices, the department shall inform all school districts of the practices by posting such information on the department's world wide web site.
Sec. 3319.57. (A) A grant program is hereby established under which the department of education and workforce shall award grants to assist certain schools in a city, exempted village, local, or joint vocational school district in implementing one of the following innovations:
(1) The use of instructional specialists to mentor and support classroom teachers;
(2) The use of building managers to supervise the administrative functions of school operation so that a school principal can focus on supporting instruction, providing instructional leadership, and engaging teachers as part of the instructional leadership team;
(3) The reconfiguration of school leadership structure in a manner that allows teachers to serve in leadership roles so that teachers may share the responsibility for making and implementing school decisions;
(4) The adoption of new models for restructuring the school day or school year, such as including teacher planning and collaboration time as part of the school day;
(5) The creation of smaller schools or smaller units within larger schools for the purpose of facilitating teacher collaboration to improve and advance the professional practice of teaching;
(6) The implementation of "grow your own" recruitment strategies that are designed to assist individuals who show a commitment to education become licensed teachers, to assist experienced teachers obtain licensure in subject areas for which there is need, and to assist teachers in becoming principals;
(7) The provision of better conditions for new teachers, such as reduced teaching load and reduced class size;
(8) The provision of incentives to attract qualified mathematics, science, or special education teachers;
(9) The development and implementation of a partnership with teacher preparation programs at colleges and universities to help attract teachers qualified to teach in shortage areas;
(10) The implementation of a program to increase the cultural competency of both new and veteran teachers;
(11) The implementation of a program to increase the subject matter competency of veteran teachers.
(B) To qualify for a grant to implement one of the innovations described in division (A) of this section, a school must meet both of the following criteria:
(1) Be hard to staff, as defined by the department.
(2) Use existing school district funds for the implementation of the innovation in an amount equal to the grant amount multiplied by (1 - the district's state share percentage for the fiscal year in which the grant is awarded).
For purposes of division (B)(2) of this section, "state share percentage" has the same meaning as in section 3317.02 of the Revised Code.
(C) The amount and number of grants awarded under this section shall be determined by the department based on any appropriations made by the general assembly for grants under this section.
(D)
The state
board of education department
shall
adopt rules for the administration of this grant program.
Sec. 3319.60. There is hereby established the educator standards board. The board shall develop and recommend to the state board of education standards for entering and continuing in the educator professions and standards for educator professional development. The board membership shall reflect the diversity of the state in terms of gender, race, ethnic background, and geographic distribution.
(A) The board shall consist of the following members:
(1) The following nineteen members appointed by the state board of education:
(a) Ten persons employed as teachers in a school district. Three persons appointed under this division shall be employed as teachers in a secondary school, two persons shall be employed as teachers in a middle school, three persons shall be employed as teachers in an elementary school, one person shall be employed as a teacher in a pre-kindergarten classroom, and one person shall be a teacher who serves on a local professional development committee pursuant to section 3319.22 of the Revised Code. At least one person appointed under this division shall hold a teaching certificate or license issued by the national board for professional teaching standards. The Ohio education association shall submit a list of fourteen nominees for these appointments and the state board may appoint up to seven members to the educator standards board from that list. The Ohio federation of teachers shall submit a list of six nominees for these appointments and the state board may appoint up to three members to the educator standards board from that list. If there is an insufficient number of nominees from both lists to satisfy the membership requirements of this division, the state board shall request additional nominees who satisfy those requirements.
(b) One person employed as a teacher in a chartered, nonpublic school. Stakeholder groups selected by the state board shall submit a list of two nominees for this appointment.
(c) Five persons employed as school administrators in a school district. Of those five persons, one person shall be employed as a secondary school principal, one person shall be employed as a middle school principal, one person shall be employed as an elementary school principal, one person shall be employed as a school district treasurer or business manager, and one person shall be employed as a school district superintendent. The buckeye association of school administrators shall submit a list of two nominees for the school district superintendent, the Ohio association of school business officials shall submit a list of two nominees for the school district treasurer or business manager, the Ohio association of elementary school administrators shall submit a list of two nominees for the elementary school principal, and the Ohio association of secondary school administrators shall submit a list of two nominees for the middle school principal and a list of two nominees for the secondary school principal.
(d) One person who is a member of a school district board of education. The Ohio school boards association shall submit a list of two nominees for this appointment.
(e) One person who is a parent of a student currently enrolled in a school operated by a school district. The Ohio parent teacher association shall submit a list of two nominees for this appointment.
(f) One person who represents community schools established under Chapter 3314. of the Revised Code.
(2) The chancellor of higher education shall appoint three persons employed by institutions of higher education that offer educator preparation programs. One person shall be employed by an institution of higher education that has a certificate of authorization under Chapter 1713. of the Revised Code; one person shall be employed by a state university, as defined in section 3345.011 of the Revised Code, or a university branch; and one person shall be employed by a state community college, community college, or technical college. Of the two persons appointed from an institution of higher education that has a certificate of authorization under Chapter 1713. of the Revised Code and from a state university or university branch:
(a) One shall be a representative of the Ohio association of private colleges for teacher education, or its successor organization.
(b) One shall be a representative of the state university education deans of Ohio, or its successor organization.
The
chancellor shall appoint a representative from each of the
organizations specified in divisions (A)(2)(a) and (b) of this
section not later than sixty days after the
effective date of this amendmentApril
6, 2023.
Each representative shall serve a two-year term beginning July 1,
2023.
(3) The speaker of the house of representatives shall appoint two persons who are active in or retired from the education profession.
(4) The president of the senate shall appoint two persons who are active in or retired from the education profession.
(5)
The superintendent of public instruction
or
a designee of the superintendent,
the chancellor of higher education
or
a designee of the chancellor,
the director of education and workforce, their designees,
and the chairpersons and the ranking minority members of the
education committees of the senate and house of representatives shall
serve as nonvoting, ex officio members.
(B) Terms of office shall be for two years. Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. At the first meeting, appointed members shall select a chairperson and a vice-chairperson. Vacancies on the board shall be filled in the same manner as prescribed for appointments under division (A) of this section. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. The terms of office of members are renewable.
(C) Members shall receive no compensation for their services.
(D) The board shall establish guidelines for its operation. These guidelines shall permit the creation of standing subcommittees when necessary. The board shall determine the membership of any subcommittee it creates. The board may select persons who are not members of the board to participate in the deliberations of any subcommittee as representatives of stakeholder groups, but no such person shall vote on any issue before the subcommittee.
Sec. 3319.61. (A) The educator standards board, in consultation with the chancellor of higher education, shall do all of the following:
(1) Develop state standards for teachers and principals that reflect what teachers and principals are expected to know and be able to do at all stages of their careers. These standards shall be aligned with the statewide academic content standards for students adopted pursuant to section 3301.079 of the Revised Code, be primarily based on educator performance instead of years of experience or certain courses completed, and rely on evidence-based factors. These standards shall also be aligned with the operating standards adopted under division (D)(3) of section 3301.07 of the Revised Code.
(a) The standards for teachers shall reflect the following additional criteria:
(i) Alignment with the interstate new teacher assessment and support consortium standards;
(ii) Differentiation among novice, experienced, and advanced teachers;
(iii) Reliance on competencies that can be measured;
(iv) Reliance on content knowledge, teaching skills, discipline-specific teaching methods, and requirements for professional development;
(v) Alignment with a career-long system of professional development and evaluation that ensures teachers receive the support and training needed to achieve the teaching standards as well as reliable feedback about how well they meet the standards;
(vi) The standards under section 3301.079 of the Revised Code, including standards on collaborative learning environments and interdisciplinary, project-based, real-world learning and differentiated instruction;
(vii) The Ohio leadership framework.
(b) The standards for principals shall be aligned with the interstate school leaders licensing consortium standards.
(2) Develop standards for school district superintendents that reflect what superintendents are expected to know and be able to do at all stages of their careers. The standards shall reflect knowledge of systems theory and effective management principles and be aligned with the buckeye association of school administrators standards and the operating standards developed under division (D)(3) of section 3301.07 of the Revised Code.
(3) Develop standards for school district treasurers and business managers that reflect what treasurers and business managers are expected to know and be able to do at all stages of their careers. The standards shall reflect knowledge of systems theory and effective management principles and be aligned with the association of school business officials international standards and the operating standards developed under division (D)(3) of section 3301.07 of the Revised Code.
(4) Develop standards for the renewal of licenses under sections 3301.074 and 3319.22 of the Revised Code;
(5) Develop standards for educator professional development;
(6) Investigate and make recommendations for the creation, expansion, and implementation of school building and school district leadership academies;
(7)
Develop standards for school counselors that reflect what school
counselors are expected to know and be able to do at all stages of
their careers. The standards shall reflect knowledge of academic,
personal, and social counseling for students and effective principles
to implement an effective school counseling program. The standards
also shall reflect Ohio-specific knowledge of career counseling for
students and education options that provide flexibility for earning
credit, such as earning units of high school credit using the methods
adopted by the state
board department
of
education
and
workforce
under
division (J) of section 3313.603 of the Revised Code and earning
college credit through the college credit plus program established
under Chapter 3365. of the Revised Code and the career-technical
education credit transfer criteria, policies, and procedures
established under section 3333.162 of the Revised Code. The standards
shall align with the American school counselor association's
professional standards and the operating standards developed under
division (D)(3) of section 3301.07 of the Revised Code.
The director of education and workforce, superintendent of public instruction, the chancellor of higher education, or the education standards board itself may request that the educator standards board update, review, or reconsider any standards developed under this section.
(B) The educator standards board shall incorporate indicators of cultural competency into the standards developed under division (A) of this section. For this purpose, the educator standards board shall develop a definition of cultural competency based upon content and experiences that enable educators to know, understand, and appreciate the students, families, and communities that they serve and skills for addressing cultural diversity in ways that respond equitably and appropriately to the cultural needs of individual students.
(C) In developing the standards under division (A) of this section, the educator standards board shall consider the impact of the standards on closing the achievement gap between students of different subgroups.
(D) In developing the standards under division (A) of this section, the educator standards board shall ensure both of the following:
(1) That teachers have sufficient knowledge to provide appropriate instruction for students identified as gifted pursuant to Chapter 3324. of the Revised Code and to assist in the identification of such students, and have sufficient knowledge that will enable teachers to provide learning opportunities for all children to succeed;
(2) That principals, superintendents, school treasurers, and school business managers have sufficient knowledge to provide principled, collaborative, foresighted, and data-based leadership that will provide learning opportunities for all children to succeed.
(E) The standards for educator professional development developed under division (A)(5) of this section shall include the following:
(1) Standards for the inclusion of local professional development committees established under section 3319.22 of the Revised Code in the planning and design of professional development;
(2) Standards that address the crucial link between academic achievement and mental health issues.
(F) The educator standards board shall also perform the following functions:
(1) Monitor compliance with the standards developed under division (A) of this section and make recommendations to the state board of education for appropriate corrective action if such standards are not met;
(2) Research, develop, and recommend policies on the professions of teaching and school administration;
(3) Recommend policies to close the achievement gap between students of different subgroups;
(4) Define a "master teacher" in a manner that can be used uniformly by all school districts;
(5) Adopt criteria that a candidate for a lead professional educator license under section 3319.22 of the Revised Code who does not hold a valid certificate issued by the national board for professional teaching standards must meet to be considered a lead teacher for purposes of division (B)(4)(d) of that section. It is the intent of the general assembly that the educator standards board shall adopt multiple, equal-weighted criteria to use in determining whether a person is a lead teacher. The criteria shall be in addition to the other standards and qualifications prescribed in division (B)(4) of section 3319.22 of the Revised Code. The criteria may include, but shall not be limited to, completion of educational levels beyond a master's degree or other professional development courses or demonstration of a leadership role in the teacher's school building or district. The board shall determine the number of criteria that a teacher shall satisfy to be recognized as a lead teacher, which shall not be the total number of criteria adopted by the board.
(6) Develop model teacher and principal evaluation instruments and processes. The models shall be based on the standards developed under division (A) of this section.
(7) Develop a method of measuring the academic improvement made by individual students during a one-year period and make recommendations for incorporating the measurement as one of multiple evaluation criteria into each of the following:
(a) Eligibility for a professional educator license, senior professional educator license, lead professional educator license, or principal license issued under section 3319.22 of the Revised Code;
(b) The Ohio teacher residency program established under section 3319.223 of the Revised Code;
(c) The model teacher and principal evaluation instruments and processes developed under division (F)(6) of this section.
(G)
The educator standards board shall submit recommendations of
standards developed under division (A) of this section to the state
board of education not later than September 1, 2010. The state board
of education shall review those recommendations at the state board's
regular meeting that next succeeds the date that the recommendations
are submitted to the state board. At that meeting, the state board of
education shall vote to either adopt standards based on those
recommendations or request that the educator standards board
reconsider its recommendations. The state board of education shall
articulate reasons for requesting reconsideration of the
recommendations but shall not direct the content of the
recommendations. The educator standards board shall reconsider its
recommendations if the state board of education so requests, may
revise the recommendations, and shall resubmit the recommendations,
whether revised or not, to the state board not later than two weeks
prior to the state board's regular meeting that next succeeds the
meeting at which the state board requested reconsideration of the
initial recommendations. The state board of education shall review
the recommendations as resubmitted by the educator standards board at
the state board's regular meeting that next succeeds the meeting at
which the state board requested reconsideration of the initial
recommendations and may adopt the standards as resubmitted or, if the
resubmitted standards have not addressed the state board's concerns,
the state board may modify the standards prior to adopting them. The
final responsibility to determine whether to adopt standards as
described in division (A) of this section and the content of those
standards, if adopted, belongs solely to the state board of
education.
Sec. 3319.611. The subcommittee on standards for superintendents of the education standards board is hereby established. The subcommittee shall consist of the following members:
(A) The school district superintendent appointed to the educator standards board under section 3319.60 of the Revised Code, who shall act as chairperson of the subcommittee;
(B) Three additional school district superintendents appointed by the state board of education, for terms of two years. The buckeye association of school administrators shall submit a list of six nominees for appointments under this section.
(C) Three additional members of the educator standards board, appointed by the chairperson of the educator standards board;
(D)
The superintendent of public instruction
and,
the
chancellor of the
Ohio board of regentshigher
education, and the director of education and workforce,
or their designees, who shall serve as nonvoting, ex officio members
of the subcommittee.
Members of the subcommittee shall receive no compensation for their services. The members appointed under divisions (B) and (C) of this section may be reappointed.
The subcommittee shall assist the educator standards board in developing the standards for superintendents and with any additional matters the educator standards board directs the subcommittee to examine.
Sec. 3319.612. The subcommittee on standards for school treasurers and business managers of the educator standards board is hereby established. The subcommittee shall consist of the following members:
(A) The school district treasurer or business manager appointed to the educator standards board under section 3319.60 of the Revised Code, who shall act as chairperson of the subcommittee;
(B) Three additional school district treasurers or business managers appointed by the state board of education for terms of two years. The Ohio association of school business officials shall submit a list of six nominees for appointments under this section.
(C) Three additional members of the educator standards board, appointed by the chairperson of the educator standards board;
(D)
The superintendent of public instruction
and,
the
chancellor of the
Ohio board of regentshigher
education, and the director of education and workforce,
or their designees, who shall serve as nonvoting, ex officio members
of the subcommittee.
Members of the subcommittee shall receive no compensation for their services. The members appointed under divisions (B) and (C) of this section may be reappointed.
The subcommittee shall assist the educator standards board in developing the standards for school treasurers and business managers and with any additional matters the educator standards board directs the subcommittee to examine.
Sec. 3321.01. (A)(1) As used in this chapter, "parent," "guardian," or "other person having charge or care of a child" means either parent unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian of the child. If the child is in the legal or permanent custody of a person or government agency, "parent" means that person or government agency. When a child is a resident of a home, as defined in section 3313.64 of the Revised Code, and the child's parent is not a resident of this state, "parent," "guardian," or "other person having charge or care of a child" means the head of the home.
A child between six and eighteen years of age is "of compulsory school age" for the purpose of sections 3321.01 to 3321.13 of the Revised Code. A child under six years of age who has been enrolled in kindergarten also shall be considered "of compulsory school age" for the purpose of sections 3321.01 to 3321.13 of the Revised Code unless at any time the child's parent or guardian, at the parent's or guardian's discretion and in consultation with the child's teacher and principal, formally withdraws the child from kindergarten. The compulsory school age of a child shall not commence until the beginning of the term of such schools, or other time in the school year fixed by the rules of the board of the district in which the child resides.
(2) In a district in which all children are admitted to kindergarten and the first grade in August or September, a child shall be admitted if the child is five or six years of age, respectively, by the thirtieth day of September of the year of admittance, or by the first day of a term or semester other than one beginning in August or September in school districts granting admittance at the beginning of such term or semester. A child who does not meet the age requirements of this section for admittance to kindergarten or first grade, but who will be five or six years old, respective, prior to the first day of January of the school year in which admission is requested, shall be evaluated for early admittance in accordance with district policy upon referral by the child's parent or guardian, an educator employed by the district, a preschool educator who knows the child, or a pediatrician or psychologist who knows the child. Following an evaluation in accordance with a referral under this section, the district board shall decide whether to admit the child. If a child for whom admission to kindergarten or first grade is requested will not be five or six years of age, respectively, prior to the first day of January of the school year in which admission is requested, the child shall be admitted only in accordance with the district's acceleration policy adopted under section 3324.10 of the Revised Code.
(3) Notwithstanding division (A)(2) of this section, beginning with the school year that starts in 2001 and continuing thereafter the board of education of any district may adopt a resolution establishing the first day of August in lieu of the thirtieth day of September as the required date by which students must have attained the age specified in that division.
(4) After a student has been admitted to kindergarten in a school district or chartered nonpublic school, no board of education of a school district to which the student transfers shall deny that student admission based on the student's age.
(B) As used in division (C) of this section, "successfully completed kindergarten" means that the child has completed the kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter 5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a teacher who holds one of the following:
(i) A valid educator license issued under section 3319.22 of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate diploma granted by the American Montessori society or the association Montessori internationale;
(iii) Certification determined under division (F) of this section to be equivalent to that described in division (B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported schools pursuant to section 3301.071 of the Revised Code.
(C)(1) Except as provided in division (A)(2) of this section, no school district shall admit to the first grade any child who has not successfully completed kindergarten.
(2) Notwithstanding division (A)(2) of this section, any student who has successfully completed kindergarten in accordance with section (B) of this section shall be admitted to first grade.
(D) The scheduling of times for kindergarten classes and length of the school day for kindergarten shall be determined by the board of education of a city, exempted village, or local school district.
(E) Any kindergarten class offered by a day-care provider or school described by division (B)(1) or (B)(2)(a) of this section shall be developmentally appropriate.
(F) Upon written request of a day-care provider described by division (B)(2)(a) of this section, the department of education and workforce shall determine whether certification held by a teacher employed by the provider meets the requirement of division (B)(2)(b)(iii) of this section and, if so, shall furnish the provider a statement to that effect.
(G) As used in this division, "all-day kindergarten" has the same meaning as in section 3321.05 of the Revised Code.
(1) A school district that is offering all-day kindergarten for the first time or that charged fees or tuition for all-day kindergarten in the 2012-2013 school year may charge fees or tuition for a student enrolled in all-day kindergarten in any school year following the 2012-2013 school year. The department shall adjust the district's average daily membership certification under section 3317.03 of the Revised Code by one-half of the full-time equivalency for each student charged fees or tuition for all-day kindergarten under this division. If a district charges fees or tuition for all-day kindergarten under this division, the district shall develop a sliding fee scale based on family incomes.
(2)
The department
of
education
shall
conduct an annual survey of each school district described in
division (G)(1) of this section to determine the following:
(a) Whether the district charges fees or tuition for students enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c) How many of the students for whom tuition is charged are eligible for free lunches under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, and how many of the students for whom tuition is charged are eligible for reduced price lunches under those acts;
(d) How many students are enrolled in traditional half-day kindergarten rather than all-day kindergarten.
Each district shall report to the department, in the manner prescribed by the department, the information described in divisions (G)(2)(a) to (d) of this section.
The department shall issue an annual report on the results of the survey and shall post the report on its web site. The department shall issue the first report not later than April 30, 2008, and shall issue a report not later than the thirtieth day of April each year thereafter.
Sec. 3321.03. As used in this section and section 3321.04 of the Revised Code, "special education program" means a school or the educational agency that provides special education and related services to children with disabilities in accordance with Chapter 3323. of the Revised Code.
Except
as provided in this section, the parent of a child of compulsory
school age shall cause such child to attend a school in the school
district in which the child is entitled to attend school under
division (B) or (F) of section 3313.64 or section 3313.65 of the
Revised Code, to participate in a special education program under
Chapter 3323. of the Revised Code, or to otherwise cause the child to
be instructed in accordance with law. Every child of compulsory
school age shall attend a school or participate in a special
education program that conforms to the minimum standards prescribed
by the state
board director
of
education
and
workforce
until
the child:
(A) Receives a diploma granted by the board of education or other governing authority, successfully completes the curriculum of any high school, or successfully completes the individualized education program developed for the student by any high school pursuant to Chapter 3323. of the Revised Code;
(B) Receives an age and schooling certificate as provided in section 3331.01 of the Revised Code; or
(C)
Is excused from school under standards adopted by the state
board department
of
education
and
workforce
pursuant
to section 3321.04
or
3321.042
of
the Revised Code, or if in need of special education, the child is
excused from such programs pursuant to section 3321.04 of the Revised
Code.
Sec. 3321.04. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district or its superintendent.
Every
parent of any child of compulsory school age who is not employed
under an age and schooling certificate or
exempt under section 3321.042 of the Revised Code must
send such child to a school or a special education program that
conforms to the minimum standards prescribed by the state
board director
of
education
and
workforce,
for the full time the school or program attended is in session, which
shall not be for less than thirty-two weeks per school year. Such
attendance must begin within the first week of the school term or
program or within one week of the date on which the child begins to
reside in the district or within one week after the child's
withdrawal from employment.
For the purpose of operating a school or program on a trimester plan, "full time the school attended is in session," as used in this section means the two trimesters to which the child is assigned by the board of education. For the purpose of operating a school or program on a quarterly plan, "full time the school attended is in session," as used in this section, means the three quarters to which the child is assigned by the board of education. For the purpose of operating a school or program on a pentamester plan, "full time the school is in session," as used in this section, means the four pentamesters to which the child is assigned by the board of education.
Excuses from future attendance at or past absence from school or a special education program may be granted for the causes, by the authorities, and under the following conditions:
(A)
The superintendent of the school district in which the child resides
may excuse the child from attendance for any part of the remainder of
the current school year upon a
satisfactory
showing of
either of the following facts:
(1)
That that
the
child's bodily or mental condition does not permit attendance at
school or a special education program during such period; this fact
is certified in writing by a licensed physician or, in the case of a
mental condition, by a licensed physician, a licensed psychologist,
licensed school psychologist or a certificated school psychologist;
and provision is made for appropriate instruction of the child, in
accordance with Chapter 3323. of the Revised Code;
(2)
That the child is being instructed at home by a person qualified to
teach the branches in which instruction is required, and such
additional branches, as the advancement and needs of the child may,
in the opinion of such superintendent, require. In each such case the
.
The issuing
superintendent shall file in the superintendent's office, with a copy
of the excuse, papers showing how the inability of the child to
attend school or a special education program or
the qualifications of the person instructing the child at home were
determined.
All such excuses shall become void and subject to recall upon the
removal of the disability of the child
or
the cessation of proper home instruction;
and thereupon the child or the child's parents may be proceeded
against after due notice whether such excuse be recalled or not.
(B)
The state
board department
of
education
and
workforce
may
adopt rules authorizing the superintendent of schools of the district
in which the child resides to excuse a child over fourteen years of
age from attendance for a future limited period for the purpose of
performing necessary work directly and exclusively for the child's
parents or legal guardians.
All excuses provided for in divisions (A) and (B) of this section shall be in writing and shall show the reason for excusing the child. A copy thereof shall be sent to the person in charge of the child.
(C) The board of education of the school district or the governing authorities of a private or parochial school may in the rules governing the discipline in such schools, prescribe the authority by which and the manner in which any child may be excused for absence from such school for good and sufficient reasons.
The
state
board of education department
may
by rule prescribe conditions governing the issuance of excuses, which
shall be binding upon the authorities empowered to issue them.
Sec. 3321.042. (A) A child is exempt from compulsory school attendance when receiving home education in the subject areas of English language arts, mathematics, science, history and government, and social studies as supervised and directed by the child's parent. Upon the commencement of home education or when moving into a new district, and annually thereafter within five days of the start of school in the child's school district of residence, the parent shall file a notice with the superintendent of the child's school district of residence. The notice shall include the parent's name and address, the child's name, and an assurance the child will receive instruction in the required subjects. Upon receipt of the notice, the exemption takes immediate effect, and the superintendent shall send a letter of acknowledgment to the parent.
(B) A student that enrolls in a public school following any period of home education shall be placed in the appropriate grade level based on the policies of the student's resident school district.
(C) A student who is receiving a home education pursuant to this section is subject to section 3321.19 of the Revised Code.
Sec.
3321.07. If
any child attends upon instruction elsewhere than in a public school
such instruction shall be in a school which conforms to the minimum
standards prescribed by the state
board director
of
education
and
workforce.
The hours and term of attendance exacted shall be equivalent to the
hours and term of attendance required of children in the public
schools of the district. This section does not require a child to
attend a high school instead of a vocational, commercial, or other
special type of school, provided the instruction therein is for a
term and for hours equivalent to those of the high school, and
provided his
the
child's
attendance
at such school will not interfere with a continuous program of
education for the child to the age of sixteen.
Sec.
3321.09. Attendance
at a part-time school or class provided by an employer, by a
partnership, corporation, or individual, by a private or parochial
school, by a college, or by a philanthropic or similar agency shall
serve in lieu of attendance at a part-time school or class provided
by a board of education in case the given school or class is
conducted for substantially a term and hours equivalent to those of
the part-time schools or classes provided by the local board, and in
case the school or class is approved by the state
board department
of
education
and
workforce.
When such school or class is conducted within or in connection with
the establishment in which the child is working the obligation of
attendance at part-time school or class indicated in section 3321.08
of the Revised Code, shall apply to the children holding age and
schooling certificates who are employed in the given establishment
regardless of the accessibility of public part-time schools or
classes.
Sec. 3321.12. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section that require reporting to the treasurer of a city school district do not require reporting to the treasurer of any joint vocational or cooperative education school district.
The
principal or teacher in charge of any public, private, or parochial
school, shall report to the treasurer of the board of education of
the city, local, or exempted village school district in which the
school is situated, the names, ages, and places of residence of all
pupils below eighteen years of age in attendance at their schools
together with such other facts as said treasurer requires to
facilitate the carrying out of the laws relating to compulsory
education and the employment of minors. Such report shall be made
within the first two weeks of the beginning of school in each school
year, and shall be corrected with the entry of such items as are
prescribed by the state
board department
of
education
and
workforce
within
the first week of each subsequent school month of the year.
Nothing in this section shall require any person to release, or to permit access to, public school records in violation of section 3319.321 of the Revised Code.
Sec. 3321.13. (A) Whenever any child of compulsory school age withdraws from school the teacher of that child shall ascertain the reason for withdrawal. The fact of the withdrawal and the reason for it shall be immediately transmitted by the teacher to the superintendent of the city, local, or exempted village school district. If the child who has withdrawn from school has done so because of change of residence, the next residence shall be ascertained and shall be included in the notice thus transmitted. The superintendent shall thereupon forward a card showing the essential facts regarding the child and stating the place of the child's new residence to the superintendent of schools of the district to which the child has moved.
The
superintendent
of public instruction department
of education and workforce may
prescribe the forms to be used in the operation of this division.
(B)(1) Upon receipt of information that a child of compulsory school age has withdrawn from school for a reason other than because of change of residence and is not enrolled in and attending in accordance with school policy an approved program to obtain a diploma or its equivalent, the district superintendent shall notify the registrar of motor vehicles and the juvenile judge of the county in which the district is located of the withdrawal and failure to enroll in and attend an approved program to obtain a diploma or its equivalent. A notification to the registrar required by this division shall be given in the manner the registrar by rule requires and a notification to the juvenile judge required by this division shall be given in writing. Each notification shall be given within two weeks after the withdrawal and failure to enroll in and attend an approved program or its equivalent.
(2) The board of education of a school district may adopt a resolution providing that the provisions of division (B)(2) of this section apply within the district. The provisions of division (B)(2) of this section do not apply within any school district, and no superintendent of a school district shall send a notification of the type described in division (B)(2) of this section to the registrar of motor vehicles or the juvenile judge of the county in which the district is located, unless the board of education of the district has adopted such a resolution. If the board of education of a school district adopts a resolution providing that the provisions of division (B)(2) of this section apply within the district, and if the superintendent of schools of that district receives information that, during any semester or term, a child of compulsory school age has been absent without legitimate excuse from the school the child is supposed to attend for more than sixty consecutive hours in a single month or for at least ninety hours in a school year, the superintendent shall notify the child and the child's parent, guardian, or custodian, in writing, that the information has been provided to the superintendent, that as a result of that information the child's temporary instruction permit or driver's license will be suspended or the opportunity to obtain such a permit or license will be denied, and that the child and the child's parent, guardian, or custodian may appear in person at a scheduled date, time, and place before the superintendent or a designee to challenge the information provided to the superintendent.
The notification to the child and the child's parent, guardian, or custodian required by division (B)(2) of this section shall set forth the information received by the superintendent and shall inform the child and the child's parent, guardian, or custodian of the scheduled date, time, and place of the appearance that they may have before the superintendent or a designee. The date scheduled for the appearance shall be no earlier than three and no later than five days after the notification is given, provided that an extension may be granted upon request of the child or the child's parent, guardian, or custodian. If an extension is granted, the superintendent shall schedule a new date, time, and place for the appearance and shall inform the child and the child's parent, guardian, or custodian of the new date, time, and place.
If the child and the child's parent, guardian, or custodian do not appear before the superintendent or a designee on the scheduled date and at the scheduled time and place, or if the child and the child's parent, guardian, or custodian appear before the superintendent or a designee on the scheduled date and at the scheduled time and place but the superintendent or a designee determines that the information the superintendent received indicating that, during the semester or term, the child had been absent without legitimate excuse from the school the child was supposed to attend for more than sixty consecutive hours or for at least ninety total hours, the superintendent shall notify the registrar of motor vehicles and the juvenile judge of the county in which the district is located that the child has been absent for that period of time and that the child does not have any legitimate excuse for the habitual absence. A notification to the registrar required by this division shall be given in the manner the registrar by rule requires and a notification to the juvenile judge required by this division shall be given in writing. Each notification shall be given within two weeks after the receipt of the information of the habitual absence from school without legitimate excuse, or, if the child and the child's parent, guardian, or custodian appear before the superintendent or a designee to challenge the information, within two weeks after the appearance.
For purposes of division (B)(2) of this section, a legitimate excuse for absence from school includes, but is not limited to, the fact that the child in question has enrolled in another school or school district in this or another state, the fact that the child in question was excused from attendance for any of the reasons specified in section 3321.04 or 3321.042 of the Revised Code, or the fact that the child in question has received an age and schooling certificate in accordance with section 3331.01 of the Revised Code.
(3) Whenever a pupil is suspended or expelled from school pursuant to section 3313.66 of the Revised Code and the reason for the suspension or expulsion is the use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse, the superintendent of schools of that district may notify the registrar and the juvenile judge of the county in which the district is located of such suspension or expulsion. Any such notification of suspension or expulsion shall be given to the registrar, in the manner the registrar by rule requires and shall be given to the juvenile judge in writing. The notifications shall be given within two weeks after the suspension or expulsion.
(4) Whenever a pupil is suspended, expelled, removed, or permanently excluded from a school for misconduct included in a policy that the board of education of a city, exempted village, or local school district has adopted under division (A) of section 3313.661 of the Revised Code, and the misconduct involves a firearm or a knife or other weapon as defined in that policy, the superintendent of schools of that district shall notify the registrar and the juvenile judge of the county in which the district is located of the suspension, expulsion, removal, or permanent exclusion. The notification shall be given to the registrar in the manner the registrar, by rule, requires and shall be given to the juvenile judge in writing. The notifications shall be given within two weeks after the suspension, expulsion, removal, or permanent exclusion.
(C) A notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion given to the registrar or a juvenile judge under division (B)(1), (2), (3), or (4) of this section shall contain the name, address, date of birth, school, and school district of the child. If the superintendent finds, after giving a notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion to the registrar and the juvenile judge under division (B)(1), (2), (3), or (4) of this section, that the notification was given in error, the superintendent immediately shall notify the registrar and the juvenile judge of that fact.
Sec. 3321.18. The attendance officer provided for by section 3321.14 or 3321.15 of the Revised Code shall institute proceedings against any officer, parent, guardian, or other person violating laws relating to compulsory education and the employment of minors, and otherwise discharge the duties described in sections 3321.14 to 3321.21 of the Revised Code, and perform any other service that the superintendent of schools or board of education of the district by which the attendance officer is employed considers necessary to preserve the morals and secure the good conduct of school children, and to enforce those laws.
The attendance officer shall be furnished with copies of the enumeration in each school district in which the attendance officer serves and of the lists of pupils enrolled in the schools and shall report to the superintendent discrepancies between these lists and the enumeration.
The
attendance officer and assistants shall cooperate with the director
of commerce in enforcing the laws relating to the employment of
minors. The attendance officer shall furnish upon request any data
that the attendance officer and the attendance officer's assistants
have collected in their reports of children from six to eighteen
years of age and also concerning employers to the director and upon
request to the state
board department
of
education
and
workforce.
The attendance officer shall keep a record of the attendance
officer's transactions for the inspection and information of the
superintendent of schools and the board of education; and shall make
reports to the superintendent of schools as often as required by the
superintendent. The
state
board of education
department
may
prescribe forms for the use of attendance officers in the performance
of their duties. The blank forms and record books or indexes shall be
furnished to the attendance officers by the boards of education by
which they are employed.
Sec. 3321.19. (A) As used in this section and section 3321.191 of the Revised Code, "habitual truant" has the same meaning as in section 2151.011 of the Revised Code.
(B)
When a board of education of any city, exempted village, local, joint
vocational, or cooperative education school district or the governing
board of any educational service center determines that a student in
its district has been truant and the parent, guardian, or other
person having care of the child has failed to cause the student's
attendance at school, the board may require the parent, guardian, or
other person having care of the child pursuant to division (B) of
this section to attend an educational program established pursuant to
rules adopted by the state
board department
of
education
and
workforce
for
the purpose of encouraging parental involvement in compelling the
attendance of the child at school.
No parent, guardian, or other person having care of a child shall fail without good cause to attend an educational program described in this division if the parent, guardian, or other person has been served notice pursuant to division (C) of this section.
(C) On the request of the superintendent of schools, the superintendent of any educational service center, the board of education of any city, exempted village, local, joint vocational, or cooperative education school district, or the governing board of any educational service center or when it otherwise comes to the notice of the attendance officer or other appropriate officer of the school district, the attendance officer or other appropriate officer shall examine into any case of supposed truancy within the district and shall warn the child, if found truant, and the child's parent, guardian, or other person having care of the child, in writing, of the legal consequences of being truant. When any child of compulsory school age, in violation of law, is not attending school, the attendance or other appropriate officer shall notify the parent, guardian, or other person having care of that child of the fact, and require the parent, guardian, or other person to cause the child to attend school immediately. The parent, guardian, or other person having care of the child shall cause the child's attendance at school. Upon the failure of the parent, guardian, or other person having care of the child to do so, the attendance officer or other appropriate officer, if so directed by the superintendent, the district board, or the educational service center governing board, shall send notice requiring the attendance of that parent, guardian, or other person at a parental education program established pursuant to division (B) of this section and, subject to divisions (D) and (E) of this section, may file a complaint against the parent, guardian, or other person having care of the child in any court of competent jurisdiction.
(D)(1) Upon the failure of the parent, guardian, or other person having care of the child to cause the child's attendance at school, if the child is considered an habitual truant, the board of education of the school district or the governing board of the educational service center, within ten days, subject to division (E) of this section, shall assign the student to an absence intervention team as described in division (C) of section 3321.191 of the Revised Code.
(2) The attendance officer shall file a complaint in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend school jointly against the child and the parent, guardian, or other person having care of the child, in accordance with the timelines and conditions set forth in division (B) of section 3321.16 of the Revised Code. A complaint filed in the juvenile court under this division shall allege that the child is an unruly child for being an habitual truant and that the parent, guardian, or other person having care of the child has violated section 3321.38 of the Revised Code.
(E) A school district with a chronic absenteeism percentage that is less than five per cent, as displayed on the district's most recent report card issued under section 3302.03 of the Revised Code, and the school buildings within that district, shall be exempt from the requirement to assign habitually truant students to an absence intervention team for the following school year and shall instead take any appropriate action as an intervention strategy contained in the policy developed by the district board pursuant to divisions (A) and (B) of section 3321.191 of the Revised Code. In the event that those intervention strategies fail, within sixty-one days after their implementation, the attendance officer shall file a complaint, provided that the conditions described in division (B) of section 3321.16 of the Revised Code are satisfied.
Sec. 3321.191. (A) Effective beginning with the 2017-2018 school year, the board of education of each city, exempted village, local, joint vocational, and cooperative education school district and the governing board of each educational service center shall adopt a new or amended policy to guide employees of the school district or service center in addressing and ameliorating student absences. In developing the policy, the appropriate board shall consult with the judge of the juvenile court of the county or counties in which the district or service center is located, with the parents, guardians, or other persons having care of the pupils attending school in the district, and with appropriate state and local agencies.
(B) The policy developed under division (A) of this section shall include as an intervention strategy all of the following actions, if applicable:
(1) Providing a truancy intervention plan for any student who is excessively absent from school, as described in the first paragraph of division (C) of this section;
(2) Providing counseling for an habitual truant;
(3) Requesting or requiring a parent, guardian, or other person having care of an habitual truant to attend parental involvement programs, including programs adopted under section 3313.472 or 3313.663 of the Revised Code;
(4) Requesting or requiring a parent, guardian, or other person having care of an habitual truant to attend truancy prevention mediation programs;
(5) Notification of the registrar of motor vehicles under section 3321.13 of the Revised Code;
(6) Taking legal action under section 2919.222, 3321.20, or 3321.38 of the Revised Code.
(C)(1) In the event that a child of compulsory school age is absent with a nonmedical excuse or without legitimate excuse from the public school the child is supposed to attend for thirty-eight or more hours in one school month, or sixty-five or more hours in a school year, the attendance officer of that school shall notify the child's parent, guardian, or custodian of the child's absences, in writing, within seven days after the date after the absence that triggered the notice requirement. At the time notice is given, the school also may take any appropriate action as an intervention strategy contained in the policy developed by the board pursuant to division (A) of this section.
(2)(a) If the absences of a student surpass the threshold for an habitual truant as set forth in section 2151.011 of the Revised Code, the principal or chief administrator of the school or the superintendent of the school district shall assign the student to an absence intervention team. Within fourteen school days after the assignment of a student to an absence intervention team, the team shall develop an intervention plan for that student in an effort to reduce or eliminate further absences. Each intervention plan shall vary based on the individual needs of the student, but the plan shall state that the attendance officer shall file a complaint not later than sixty-one days after the date the plan was implemented, if the child has refused to participate in, or failed to make satisfactory progress on, the intervention plan or an alternative to adjudication under division (C)(2)(b) of section 3321.191 of the Revised Code. Within seven days after the development of the plan, the school district or school shall make reasonable efforts to provide the student's parent, guardian, custodian, guardian ad litem, or temporary custodian with written notice of the plan.
(b) As part of the absence intervention plan described in division (C)(2) of this section, the school district or school, in its discretion, may contact the appropriate juvenile court and ask to have a student informally enrolled in any alternative to adjudication described in division (G) of section 2151.27 of the Revised Code. If the school district or school chooses to have students informally enrolled in an alternative to adjudication, the school district or school shall develop a written policy regarding the use of, and selection process for, offering alternatives to adjudication to ensure fairness.
(c) The superintendent of each school district, or the superintendent's designee, shall establish an absence intervention team for the district to be used by any schools of the district that do not establish their own absence intervention team as permitted under division (C)(2)(d) of this section. Membership of each absence intervention team may vary based on the needs of each individual student but shall include a representative from the child's school district or school, another representative from the child's school district or school who knows the child, and the child's parent or parent's designee, or the child's guardian, custodian, guardian ad litem, or temporary custodian. The team also may include a school psychologist, counselor, social worker, or representative of a public or nonprofit agency designed to assist students and their families in reducing absences.
(d) The principal or chief administrator of each school may establish an absence intervention team or series of teams to be used in lieu of the district team established pursuant to division (C)(2)(c) of this section. Membership of each absence intervention team may vary based on the needs of each individual student but shall include a representative from the child's school district or school, another representative from the child's school district or school who knows the child, and the child's parent or parent's designee, or the child's guardian, custodian, guardian ad litem, or temporary custodian. The team also may include a school psychologist, counselor, social worker, or representative of a public or nonprofit agency designed to assist students and their families in reducing absences.
(e) A superintendent, as described in division (C)(2)(c) of this section, or principal or chief administrator, as described in division (C)(2)(d) of this section, shall select the members of an absence intervention team within seven school days of the triggering event described in division (C)(2)(a) of this section. The superintendent, principal, or chief administrator, within the same period of seven school days, shall make at least three meaningful, good faith attempts to secure the participation of the student's parent, guardian, custodian, guardian ad litem, or temporary custodian on that team. If the student's parent responds to any of those attempts, but is unable to participate for any reason, the representative of the school district shall inform the parent of the parent's right to appear by designee. If seven school days elapse and the student's parent, guardian, custodian, guardian ad litem, or temporary custodian fails to respond to the attempts to secure participation, the school district or school shall do both of the following:
(i) Investigate whether the failure to respond triggers mandatory reporting to the public children services agency for the county in which the child resides in the manner described in section 2151.421 of the Revised Code;
(ii) Instruct the absence intervention team to develop an intervention plan for the child notwithstanding the absence of the child's parent, guardian, custodian, guardian ad litem, or temporary custodian.
(f) In the event that a student becomes habitually truant within twenty-one school days prior to the last day of instruction of a school year, the school district or school may, in its discretion, assign one school official to work with the child's parent, guardian, custodian, guardian ad litem, or temporary custodian to develop an absence intervention plan during the summer. If the school district or school selects this method, the plan shall be implemented not later than seven days prior to the first day of instruction of the next school year. In the alternative, the school district or school may toll the time periods to accommodate for the summer months and reconvene the absence intervention process upon the first day of instruction of the next school year.
(3)
For purposes of divisions (C)(2)(c) and (d) of this section, the
state
board department
of
education
and
workforce
shall
develop a format for parental permission to ensure compliance with
the "Family Educational Rights and Privacy Act of 1974," 88
Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations
promulgated under that act, and section 3319.321 of the Revised Code.
(D) Each school district or school may consult or partner with public and nonprofit agencies to provide assistance as appropriate to students and their families in reducing absences.
(E)
Beginning with the 2017-2018 school year, each school district shall
report to the department
of
education,
as soon as practicable, and in a format and manner determined by the
department, any of the following occurrences:
(1) When a notice required by division (C)(1) of this section is submitted to a parent, guardian, or custodian;
(2) When a child of compulsory school age has been absent without legitimate excuse from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in a school year;
(3) When a child of compulsory school age who has been adjudicated an unruly child for being an habitual truant violates the court order regarding that adjudication;
(4) When an absence intervention plan has been implemented for a child under this section.
(F) Nothing in this section shall be construed to limit the duty or authority of a district board of education or governing body of an educational service center to develop other policies related to truancy or to limit the duty or authority of any employee of the school district or service center to respond to pupil truancy. However, a board shall be subject to the prohibition against suspending, expelling, or otherwise preventing a student from attending school for excessive absences as prescribed by section 3313.668 of the Revised Code.
Sec. 3323.01. As used in this chapter:
(A) "Child with a disability" means a child who is at least three years of age and less than twenty-two years of age; who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability (including dyslexia), deaf-blindness, or multiple disabilities; and who, by reason thereof, needs special education and related services.
A
"child with a disability" may include a child who is at
least three years of age and less than ten years of age; who is
experiencing developmental delays, as defined by standards adopted by
the state
board department
of
education and
workforce and
as measured by appropriate diagnostic instruments and procedures in
one or more of the following areas: physical development, cognitive
development, communication development, social or emotional
development, or adaptive development; and who, by reason thereof,
needs special education and related services.
(B) "Free appropriate public education" means special education and related services that meet all of the following:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2)
Meet the standards of the
state
board of education
department;
(3) Include an appropriate preschool, elementary, or secondary education as otherwise provided by the law of this state;
(4) Are provided for each child with a disability in conformity with the child's individualized education program.
(C) "Homeless children" means "homeless children and youths" as defined in section 725 of the "McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11434a.
(D) "Individualized education program" or "IEP" means the written statement described in section 3323.011 of the Revised Code.
(E) "Individualized education program team" or "IEP team" means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment;
(3) At least one special education teacher, or where appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of the following:
(a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of the school district.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team as described in divisions (E)(2) to (4) of this section;
(6) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;
(7) Whenever appropriate, the child with a disability.
(F) "Instruction in braille reading and writing" means the teaching of the system of reading and writing through touch commonly known as standard English braille.
(G) "Other educational agency" means a department, division, bureau, office, institution, board, commission, committee, authority, or other state or local agency, which is not a city, local, or exempted village school district or an agency administered by the department of developmental disabilities, that provides or seeks to provide special education or related services to children with disabilities. The term "other educational agency" includes a joint vocational school district.
(H) "Parent" of a child with a disability, except as used in sections 3323.09 and 3323.141 of the Revised Code, means:
(1) A natural or adoptive parent of a child but not a foster parent of a child;
(2) A guardian, but not the state if the child is a ward of the state;
(3) An individual acting in the place of a natural or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare;
(4) An individual assigned to be a surrogate parent, provided the individual is not prohibited by this chapter from serving as a surrogate parent for a child.
(I) "Preschool child with a disability" means a child with a disability who is at least three years of age but is not of compulsory school age, as defined under section 3321.01 of the Revised Code, and who is not currently enrolled in kindergarten.
(J) "Related services" means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, school health services, social work services in schools, and parent counseling and training, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. "Related services" does not include a medical device that is surgically implanted, or the replacement of such device.
(K) "School district" means a city, local, or exempted village school district.
(L) "School district of residence," as used in sections 3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code, means:
(1) The school district in which the child's natural or adoptive parents reside;
(2) If the school district specified in division (L)(1) of this section cannot be determined, the last school district in which the child's natural or adoptive parents are known to have resided if the parents' whereabouts are unknown;
(3) If the school district specified in division (L)(2) of this section cannot be determined, the school district determined under section 2151.362 of the Revised Code, or if no district has been so determined, the school district as determined by the probate court of the county in which the child resides.
(4) Notwithstanding divisions (L)(1) to (3) of this section, if a school district is required by section 3313.65 of the Revised Code to pay tuition for a child, that district shall be the child's school district of residence.
(M) "Special education" means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. "Special education" includes instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, including an early childhood education setting, and instruction in physical education.
(N) "Student with a visual impairment" means any person who is less than twenty-two years of age and who has a visual impairment as that term is defined in this section.
(O) "Transition services" means a coordinated set of activities for a child with a disability that meet all of the following:
(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
"Transition services" for children with disabilities may be special education, if provided as specially designed instruction, or may be a related service, if required to assist a child with a disability to benefit from special education.
(P) "Visual impairment" for any individual means that one of the following applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision in the better eye such that the widest diameter subtends an angular distance of no greater than twenty degrees.
(2) The individual has a medically indicated expectation of meeting the requirements of division (P)(1) of this section over a period of time.
(3) The individual has a medically diagnosed and medically uncorrectable limitation in visual functioning that adversely affects the individual's ability to read and write standard print at levels expected of the individual's peers of comparable ability and grade level.
(Q) "Ward of the state" has the same meaning as in section 602(36) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1401(36).
Sec. 3323.011. As used in this chapter, "individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this definition and that includes:
(A) A statement of the child's present levels of academic achievement and functional performance, including:
(1) How the child's disability affects the child's involvement and progress in the general education curriculum;
(2) For a preschool child with a disability, as appropriate, how the disability affects the child's participation in appropriate activities;
(3) For a child with a disability who is not a preschool child and who will take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
(B) A statement of measurable annual goals, including academic and functional goals and, at the discretion of the department of education and workforce, short-term instructional objectives that are designed to:
(1) Meet the child's needs that result from the child's disability so as to enable the child to be involved in and make progress in the general education curriculum;
(2) Meet each of the child's other educational needs that result from the child's disability.
(C) A description of how the child's progress toward meeting the annual goals described pursuant to division (B) of this section will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided. Such reports may be quarterly or other periodic reports that are issued concurrent with the issuance of regular report cards.
(D) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child so that the child may:
(1) Advance appropriately toward attaining the annual goals described pursuant to division (B) of this section;
(2) Be involved in and make progress in the general education curriculum and participate in extracurricular and other nonacademic activities;
(3) Be educated with and participate with both other children with disabilities and nondisabled children in the specific activities described pursuant to division (D) of this section.
(E) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class, including an early childhood education setting, and in the activities described pursuant to division (D) of this section;
(F) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with section 612(a)(16) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412(a)(16). If the IEP team determines that the child shall take an alternate assessment on a particular state or districtwide assessment of student achievement, the IEP shall contain a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.
(G) The projected date for the beginning of the services and modifications described pursuant to division (D) of this section and the anticipated frequency, location, and duration of those services and modifications;
(H) Beginning not later than the first IEP to be in effect when the child is fourteen years of age, and updated annually thereafter, a statement describing:
(1) Appropriate measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, and independent living skills;
(2) Appropriate measurable post-secondary goals based on age-appropriate transition assessments related to employment in a competitive environment in which workers are integrated regardless of disability;
(3) The transition services, including courses of study, needed to assist the child in reaching the goals described in divisions (H)(1) and (2) of this section.
(I) Beginning not later than one year before the child reaches eighteen years of age, a statement that the child has been informed of the child's rights under Title XX of the United States Code that will transfer to the child on reaching eighteen years of age in accordance with section 615(m) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1415(m).
Nothing in this section shall be construed to require that additional information be included in a child's IEP beyond the items explicitly required by this section and that the IEP team include information under one component of a child's IEP that is already contained under another component of the IEP.
Sec. 3323.02. As used in this section, "IDEIA" means the "Individuals with Disabilities Education Improvement Act of 2004," Pub. L. No. 108-446.
It
is the purpose of this chapter to ensure that all children with
disabilities residing in this state who are at least three years of
age and less than twenty-two years of age, including children with
disabilities who have been suspended or expelled from school, have
available to them a free appropriate public education. No school
district, county board of developmental disabilities, or other
educational agency shall receive state or federal funds for special
education and related services unless those services for children
with disabilities are provided in accordance with IDEIA and related
provisions of the Code of Federal Regulations, the provisions of this
chapter, rules and standards adopted by the state
board department
of
education
and
workforce,
and any procedures or guidelines issued by the superintendent
of public instructiondirector
of education and workforce.
Any options or discretion provided to the state by IDEIA may be
exercised in state law or in rules or standards adopted by the state
board of educationdepartment.
The
state
board of education department
shall
establish rules or standards for the provision of special education
and related services for all children with disabilities who are at
least three years of age and less than twenty-two years of age
residing in the state, regardless of the severity of their
disabilities, including children with disabilities who have been
suspended or expelled from school. The state law and the rules or
standards of the state
board of education department
may
impose requirements that are not required by IDEIA or related
provisions of the Code of Federal Regulations. The school district of
residence is responsible, in all instances, for ensuring that the
requirements of Part B of IDEIA are met for every eligible child in
its jurisdiction, regardless of whether services are provided by
another school district, other educational agency, or other agency,
department, or entity, unless IDEIA or related provisions of the Code
of Federal Regulations, another section of this chapter, or a rule
adopted by the state
board of education department
specifies
that another school district, other educational agency, or other
agency, department, or entity is responsible for ensuring compliance
with Part B of IDEIA.
Notwithstanding division (A)(4) of section 3301.53 of the Revised Code and any rules adopted pursuant to that section and division (A) of section 3313.646 of the Revised Code, a board of education of a school district may provide special education and related services for preschool children with disabilities in accordance with this chapter and section 3301.52, divisions (A)(1) to (3) and (A)(5) and (6) of section 3301.53, and sections 3301.54 to 3301.59 of the Revised Code.
The
superintendent
of public instruction department
may
require any state or local agency to provide documentation that
special education and related services for children with disabilities
provided by the agency are in compliance with the requirements of
this chapter.
Not
later than the first day of February of each year the superintendent
of public instruction department
shall
furnish the chairpersons of the education committees of the house of
representatives and the senate with a report on the status of
implementation of special education and related services for children
with disabilities required by this chapter. The report shall include
but shall not be limited to the following items: the most recent
available figures on the number of children identified as children
with disabilities and the number of identified children receiving
special education and related services. The information contained in
these reports shall be public information.
Sec. 3323.021. As used in this section, "participating county board of developmental disabilities" means a county board of developmental disabilities electing to participate in the provision of or contracting for educational services for children under division (D) of section 5126.05 of the Revised Code.
(A) When a school district, educational service center, or participating county board of developmental disabilities enters into an agreement or contract with another school district, educational service center, or participating county board of developmental disabilities to provide educational services to a disabled child during a school year, both of the following shall apply:
(1) Beginning with fiscal year 1999, if the provider of the services intends to increase the amount it charges for some or all of those services during the next school year or if the provider intends to cease offering all or part of those services during the next school year, the provider shall notify the entity for which the services are provided of these intended changes no later than the first day of March of the current fiscal year.
(2) Beginning with fiscal year 1999, if the entity for which services are provided intends to cease obtaining those services from the provider for the next school year or intends to change the type or amount of services it obtains from the provider for the next school year, the entity shall notify the service provider of these intended changes no later than the first day of March of the current fiscal year.
(B) School districts, educational service centers, participating county boards of developmental disabilities, and other applicable governmental entities shall collaborate where possible to maximize federal sources of revenue to provide additional funds for special education related services for disabled children. Annually, each school district shall report to the department of education and workforce any amounts of such federal revenue the district received.
(C)
The state
board department
of
education
and
workforce,
the department of developmental disabilities, and the department of
medicaid shall develop working agreements for pursuing additional
funds for services for disabled children.
Sec.
3323.022. The
rules of the state
board department
of
education and
workforce for
staffing ratios for programs with preschool children with
disabilities shall require the following:
(A) A full-time staff member shall be provided when there are eight full-day or sixteen half-day preschool children eligible for special education enrolled in a center-based preschool special education program.
(B) Staff ratios of one teacher for every eight children shall be maintained at all times for a program with a center-based teacher, and a second adult shall be present when there are nine or more children, including nondisabled children enrolled in a class session.
(C) Unless otherwise specified in the individualized education program, a minimum of ten hours of services per week shall be provided for each child served by a center-based teacher.
Sec.
3323.03. The
state
board department
of
education
and
workforce
shall,
in consultation with the department of health, the department of
mental health and addiction services, and the department of
developmental disabilities, establish standards and procedures for
the identification, location, and evaluation of all children with
disabilities residing in the state, including children with
disabilities who are homeless children or are wards of the state and
children with disabilities attending nonpublic schools, regardless of
the severity of their disabilities, and who are in need of special
education and related services. The state
board department
of education and workforce shall
develop and implement a practical method to determine which children
with disabilities are currently receiving needed special education
and related services.
In
conducting the evaluation, the board of education of each school
district shall use a variety of assessment tools and strategies to
gather relevant functional, developmental, and academic information
about the child, including information provided by the child's
parent. The board of education of each school district, in
consultation with the county board of developmental disabilities, the
county family and children first council, and the board of alcohol,
drug addiction, and mental health services of each county in which
the school district has territory, shall identify, locate, and
evaluate all children with disabilities residing within the district
to determine which children with disabilities are not receiving
appropriate special education and related services. In addition, the
board of education of each school district, in consultation with such
county boards or council, shall identify, locate, and evaluate all
children with disabilities who are enrolled by their parents in
nonpublic elementary and secondary schools located within the public
school district, without regard to where those children reside in
accordance with rules of
the state board of education or
guidelines of the
superintendent
of public instruction
department
of education and workforce.
Each county board of developmental disabilities, county family and children first council, and board of alcohol, drug addiction, and mental health services and the board's or council's contract agencies may transmit to boards of education the names and addresses of children with disabilities who are not receiving appropriate special education and related services.
Sec.
3323.04. The
state
board department
of
education
and
workforce,
in consultation with the department of mental health and addiction
services and the department of developmental disabilities, shall
establish procedures and standards for the development of
individualized education programs for children with disabilities.
The
state
board department
of education and workforce shall
require the board of education of each school district to develop an
individualized education program for each child with a disability who
is at least three years of age and less than twenty-two years of age
residing in the district in a manner that is in accordance with rules
of the
state
board
department.
Prior to the placement of a child with a disability in a program operated under section 3323.09 of the Revised Code, the district board of education shall consult the county board of developmental disabilities of the county in which the child resides regarding the proposed placement.
A child with a disability enrolled in a nonpublic school or facility shall be provided special education and related services, in accordance with an individualized education program, at no cost for those services, if the child is placed in, or referred to, that nonpublic school or facility by the department of education and workforce or a school district.
The IEP team shall review the individualized education program of each child with a disability periodically, but at least annually, to determine whether the annual goals for the child are being achieved, and shall revise the individualized education program as appropriate.
The
state
board department
of education and workforce shall
establish procedures and standards to assure that to the maximum
extent appropriate, children with disabilities, including children in
public or private institutions or other care facilities, shall be
educated with children who are not disabled. Special classes,
separate schools, or other removal of children with disabilities from
the regular educational environment shall be used only when the
nature or severity of a child's disability is such that education in
regular classes with supplementary aids and services cannot be
achieved satisfactorily.
If an agency directly affected by a placement decision objects to such decision, an impartial hearing officer, appointed by the department of education and workforce from a list prepared by the department, shall conduct a hearing to review the placement decision. The agencies that are parties to a hearing shall divide the costs of such hearing equally. The decision of the hearing officer shall be final, except that any party to the hearing who is aggrieved by the findings or the decision of the hearing officer may appeal the findings or decision in accordance with division (H) of section 3323.05 of the Revised Code or the parent of any child affected by such decision may present a complaint in accordance with that section.
Sec.
3323.041. To
the extent consistent with the number and location of children with
disabilities in the state who are enrolled by their parents in
nonpublic elementary and secondary schools in the school district
served by a board of education of a school district, provision is
made for the participation of those children in the program for the
education of children with disabilities which is assisted or carried
out under Part B of the "Individuals
with Disabilities Education Improvement Act of 2004, P.L."
Pub. L. No.
108-446.
The district in which the nonpublic elementary or secondary school is
located shall provide for such children special education and related
services in accordance with Section 612(a)(10) of the "Individuals
with Disabilities Education Improvement Act of 2004,"
20
U.S.C. 1412(a)(10) and related provisions of the Code of Federal
Regulations and in accordance with any rules adopted
by
the state board of education,or
guidelines issued,
by
the
superintendent
of public instruction
department
of education and workforce.
Amounts
to be expended for the provision of those services, including direct
services to parentally placed nonpublic school children, by the
school district shall be equal to a proportionate amount of federal
funds made available under Part B of the "Individuals
with Disabilities Education Improvement Act of 2004."
The
school district shall exercise the following responsibilities towards
parentally placed children with disabilities who attend nonpublic
schools located in the school district: child find, timely and
meaningful consultation, written affirmation of timely and meaningful
consultation, compliance, and provision of equitable services, as
provided by the "Individuals
with Disabilities Education Improvement Act of 2004"
and
related provisions of the Code of Federal Regulations and in
accordance with any rules adopted by
the
state board of education,
or
guidelines issued by,
the
superintendent
of public instruction
department.
Sec.
3323.05. The
state
board department
of
education and
workforce shall
establish procedures to ensure that children with disabilities and
their parents are guaranteed procedural safeguards under this chapter
with respect to a free appropriate public education.
The procedures shall include, but need not be limited to:
(A) An opportunity for the parents of a child with a disability to examine all records related to the child and to participate in meetings with respect to identification, evaluation, and educational placement of the child, and to obtain an independent educational evaluation of the child;
(B) Procedures to protect the rights of the child whenever the parents of the child are not known, an agency after making reasonable efforts cannot find the parents, or the child is a ward of the state, including the assignment of an individual to act as a surrogate for the parents made by the school district or other educational agency responsible for educating the child or by the court with jurisdiction over the child's custody. Such assignment shall be made in accordance with section 3323.051 of the Revised Code.
(C) Prior written notice to the child's parents of a school district's proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate education for the child. The procedures established under this division shall:
(1) Be designed to ensure that the written prior notice is in the native language of the parents, unless it clearly is not feasible to do so.
(2) Specify that the prior written notice shall include:
(a) A description of the action proposed or refused by the district;
(b) An explanation of why the district proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action;
(c) A statement that the parents of a child with a disability have protection under the procedural safeguards and, if the notice is not in regard to an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
(d) Sources for parents to contact to obtain assistance in understanding the provisions of Part B of the "Individuals with Disabilities Education Improvement Act of 2004";
(e) A description of other options considered by the IEP team and the reason why those options were rejected;
(f) A description of the factors that are relevant to the agency's proposal or refusal.
(D) An opportunity for the child's parents to present complaints to the superintendent of the child's school district of residence with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education under this chapter.
Within twenty school days after receipt of a complaint, the district superintendent or the superintendent's designee, without undue delay and at a time and place convenient to all parties, shall review the case, may conduct an administrative review, and shall notify all parties in writing of the superintendent's or designee's decision. Where the child is placed in a program operated by a county board of developmental disabilities or other educational agency, the superintendent shall consult with the administrator of that board or agency.
Any
party aggrieved by the decision of the district superintendent or the
superintendent's designee may file a complaint with the state
board department
as
provided under division (E) of this section, request mediation as
provided under division (F) of this section, or present a due process
complaint notice and request for a due process hearing in writing to
the superintendent of the district, with a copy to the
state
board
department,
as provided under division (G) of this section.
(E)
An opportunity for a party to file a complaint with the state
board of education department
with
respect to the identification, evaluation, or educational placement
of the child, or the provision of a free appropriate public education
to such child. The department of
education shall
review and, where appropriate, investigate the complaint and issue
findings.
(F) An opportunity for parents and a school district to resolve through mediation disputes involving any matter.
(1) The procedures established under this section shall ensure that the mediation process is voluntary on the part of the parties, is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under this chapter, and is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(2) A school district may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party to encourage the use, and explain the benefits, of the mediation process to the parents. The disinterested party shall be an individual who is under contract with a parent training and information center or community parent resource center in the state or is under contract with an appropriate alternative dispute resolution entity.
(3) The department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(4) The department shall bear the cost of the mediation process, including the costs of meetings described in division (F)(2) of this section.
(5) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(6) Discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.
(7) In the case that a resolution is reached to resolve the complaint through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and that:
(a) States that all discussions that occurred during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding;
(b) Is signed by both the parent and a representative for the school district who has the authority to bind the district;
(c) Is enforceable in any state court of competent jurisdiction or in a district court of the United States.
(G)(1)
An opportunity for parents or a school district to present a due
process complaint and request for a due process hearing to the
superintendent of the school district of the child's residence with
respect to the identification, evaluation, or educational placement
of the child, or the provision of a free appropriate public education
to the child. The party presenting the due process complaint and
request for a due process hearing shall provide due process complaint
notice to the other party and forward a copy of the notice to the
state
board
department.
The due process complaint notice shall include:
(a) The name of the child, the address of the residence of the child, or the available contact information in the case of a homeless child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child relating to the proposed initiation or change, including facts relating to the problem;
(c) A proposed resolution of the problem to the extent known and available to the party at the time.
A party shall not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirement for filing a due process complaint notice.
A
due process hearing shall be conducted by an impartial hearing
officer in accordance with standards and procedures adopted by the
state
board
department.
A hearing officer shall not be an employee of the state
board department
or
any agency involved in the education or care of the child or a person
having a personal or professional interest that conflicts with the
person's objectivity in the hearing. A hearing officer shall possess
knowledge of, and the ability to understand, the provisions of the
"Individuals with Disabilities Education Improvement Act of
2004," federal and state regulations pertaining to that act, and
legal interpretations of that act by federal and state courts;
possess the knowledge and ability to conduct hearings in accordance
with appropriate standard legal practice; and possess the knowledge
and ability to render and write decisions in accordance with
appropriate standard legal practice. The due process requirements of
section 615 of the "Individuals with Disabilities Education
Improvement Act of 2004," 20 U.S.C. 1415, apply to due process
complaint notices and requests for due process hearings and to due
process hearings held under division (G) of this section, including,
but not limited to, timelines for requesting hearings, requirements
for sufficient complaint notices, resolution sessions, and
sufficiency and hearing decisions.
(2) Discussions that occur during a resolution session shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding. If a resolution to the dispute is reached at a resolution session, the parties must execute a legally binding written settlement agreement which shall state that all discussions that occurred during the resolution process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.
(3) A party to a hearing under division (G) of this section shall be accorded:
(a) The right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(b) The right to present evidence and confront, cross-examine, and compel the attendance of witnesses;
(c) The right to a written or electronic verbatim record of the hearing;
(d) The right to written findings of fact and decisions, which findings of fact and decisions shall be made available to the public consistent with the requirements relating to the confidentiality of personally identifiable data, information, and records collected and maintained by state educational agencies and local educational agencies; and shall be transmitted to the advisory panel established and maintained by the department for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the state.
(H)
An opportunity for any party aggrieved by the findings and decision
rendered in a hearing under division (G) of this section to appeal
within forty-five days of notification of the decision to the
state
board
department,
which shall appoint a state level officer who shall review the case
and issue a final order. The state level officer shall be appointed
and shall review the case in accordance with standards and procedures
adopted by the
state
board
department.
Any party aggrieved by the final order of the state level officer may appeal the final order, in accordance with Chapter 119. of the Revised Code, within forty-five days after notification of the order to the court of common pleas of the county in which the child's school district of residence is located, or to a district court of the United States within ninety days after the date of the decision of the state level review officer, as provided in section 615(i)(2) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1415(i)(2).
Sec. 3323.051. No individual shall be assigned to act as a surrogate for the parents of a child with a disability under division (B) of section 3323.05 of the Revised Code if the individual is an employee of the department of education and workforce or the school district or any other agency involved in the education or care of the child or if the individual has any interest that conflicts with the interests of the child. If a conflict of interest arises subsequent to the assignment of a surrogate, the authority that made the assignment shall terminate it and assign another surrogate. Neither the surrogate nor the authority that assigned the surrogate shall be liable in civil damages for acts of the surrogate unless such acts constitute willful or wanton misconduct.
Sec. 3323.052. (A) The department of education and workforce shall develop a document that compares a parent's and child's rights under this chapter and 20 U.S.C. 1400 et seq. with the parent's and child's rights under the Jon Peterson special needs scholarship program, established in sections 3310.51 to 3310.64 of the Revised Code, including the provisions of divisions (A) and (B) of section 3310.53 of the Revised Code. The department shall revise that document as necessary to reflect any pertinent changes in state or federal statutory law, rule, or regulation.
(B) The department and each school district shall ensure that the document prescribed in division (A) of this section is included in, appended to, or otherwise distributed in conjunction with the notice required under 20 U.S.C. 1415(d), and any provision of the Code of Federal Regulations implementing that requirement, in the manner and at all the times specified for such notice in federal law or regulation.
(C) In addition to the requirement prescribed by division (B) of this section, each time a child's school district completes an evaluation for a child with a disability or undertakes the development, review, or revision of the child's IEP, the district shall notify the child's parent, by letter or electronic means, about both the autism scholarship program, under section 3310.41 of the Revised Code, and the Jon Peterson special needs scholarship program, under sections 3310.51 to 3310.64 of the Revised Code. The notice shall include the following statement:
"Your child may be eligible for a scholarship under the Autism Scholarship Program or the Jon Peterson Special Needs Scholarship Program to attend a special education program that implements the child's individualized education program and that is operated by an alternative public provider or by a registered private provider."
The notice shall include the telephone number of the office of the department responsible for administering the scholarship programs and the specific location of scholarship information on the department's web site.
(D) As used in this section, a "child's school district" means the school district in which the child is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
Sec.
3323.06. (A)
The state
board department
of
education and
workforce shall
develop, implement, provide general supervision of, and assure
compliance with a state plan for the following:
(1) The identification, location, and evaluation of all children with disabilities in the state;
(2) The provision of special education and related services to ensure a free appropriate public education for all children with disabilities at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school;
(3)
The availability of special education and related services for
children with disabilities under three years of age, as authorized by
division (C) of this section and as specified in rules of the
state
board
department.
The
state plan shall provide assurances that the state
board department
has
in effect policies and procedures to ensure that the state meets the
conditions specified in section 612 of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412.
(B)
The state
board department
shall
establish and maintain an advisory panel for the purpose of providing
policy guidance with respect to special education and related
services for children with disabilities in the state. A majority of
the members of the panel shall be individuals with disabilities or
parents of children with disabilities representing all ages, birth
through twenty-six years of age. The advisory panel shall meet the
requirements of section 612(a)(21) of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C.
1412(a)(21), and related provisions of the Code of Federal
Regulations. The panel shall advise the Ohio department of education
and
workforce
of
unmet needs within the state in the education of children with
disabilities; comment publicly on rules proposed by that department
regarding the education of children with disabilities; advise that
department in developing evaluations and reporting on data to the
United States secretary of education under section 618 of the act, 20
U.S.C. 1418; advise the Ohio department in developing corrective
action plans to address findings identified in federal monitoring
reports under Part B of the act; and advise the Ohio department in
developing and implementing policies relating to the coordination of
services for children with disabilities.
(C)
In addition to the policies and procedures authorized under division
(A) of this section, the state
board department
may
authorize school districts to establish and maintain special
education and related services for children less than three years of
age as specified in rules of the
state
board
department.
(D)
In the exercise of its general supervisory responsibility, the state
board department
shall
monitor the implementation of Part B of the "Individuals with
Disabilities Education Improvement Act of 2004" by school
districts. Monitoring activities shall include, but are not limited
to, focused monitoring, investigations of complaints, and technical
assistance. The primary focus of the state
board's department's
monitoring
activities shall be improving educational results and functional
outcomes for all children with disabilities and ensuring that the
state
board department
meets
the program requirements under Part B, with a particular emphasis on
those requirements that are most closely related to improving
educational results for children with disabilities.
Sec.
3323.07. The
state
board department
of
education
and
workforce
shall
authorize the establishment and maintenance of special education and
related services for all children with disabilities who are at least
three years of age and less than twenty-two years of age, including
children with disabilities who have been suspended or expelled from
school, and may authorize special education and related services for
children with disabilities who are less than three years of age in
accordance with rules adopted by the
state
board
department.
The state
board department
of education and workforce shall
require the boards of education of school districts, shall authorize
the department of mental health and addiction services and the
department of developmental disabilities, and may authorize any other
educational agency, to establish and maintain such special education
and related services in accordance with standards adopted by the
state
board
department
of education and workforce.
Sec.
3323.08. (A)
Each school district shall submit a plan to the superintendent
of public instruction department
of education and workforce that
provides assurances that the school district will provide for the
education of children with disabilities within its jurisdiction and
has in effect policies, procedures, and programs that are consistent
with the policies and procedures adopted by the state
board of educationdepartment
in
accordance with section 612 of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,
and that meet the conditions applicable to school districts under
section 613 of that act, 20 U.S.C. 1413.
Each district's plan shall do all of the following:
(1)
Provide, as specified in section 3323.11 of the Revised Code and in
accordance with standards established by the
state
board
department,
for an organizational structure and necessary and qualified staffing
and supervision for the identification of and provision of special
education and related services for children with disabilities;
(2)
Provide, as specified by section 3323.03 of the Revised Code and in
accordance with standards established by the
state
board
department,
for the identification, location, and evaluation of all children with
disabilities residing in the district, including children with
disabilities who are homeless children or are wards of the state and
children with disabilities attending private schools and who are in
need of special education and related services. A practical method
shall be developed and implemented to determine which children with
disabilities are currently receiving needed special education and
related services.
(3)
Provide, as specified by section 3323.07 of the Revised Code and
standards established by the
state
board
department,
for the establishment and maintenance of special education and
related services for children with disabilities who are at least
three years of age and less than twenty-two years of age, including
children with disabilities who have been suspended or expelled from
school.
(4)
Provide, as specified by section 3323.04 of the Revised Code and in
accordance with standards adopted by the
state
board
department,
for an individualized education program for each child with a
disability who is at least three years of age and less than
twenty-two years of age residing within the district;
(5)
Provide, as specified by section 3323.02 of the Revised Code and in
accordance with standards established by the
state
board
department,
for special education and related services and a free appropriate
public education for every child with a disability who is at least
three years of age and less than twenty-two years of age, including
children with disabilities who have been suspended or expelled from
school;
(6)
Provide procedural safeguards and prior written notice as required
under section 3323.05 of the Revised Code and the standards
established by the
state
board
department;
(7)
Outline the steps that have been or are being taken to comply with
standards established by
the
state board
department.
(B)(1)
A school district may arrange, by a cooperative agreement or contract
with one or more school districts or with a cooperative education or
joint vocational school district or an educational service center, to
provide for the identification, location, and evaluation of children
with disabilities, and to provide special education and related
services for such children that meet the standards established by the
state
board
department.
A school district may arrange, by a cooperative agreement or
contract, for the provision of related services for children with
disabilities that meet the standards established by the
state
board
department.
(2)
A school district shall arrange by interagency agreement with one or
more school districts or with a cooperative education or joint
vocational school district or an educational service center or other
providers of early learning services to provide for the
identification, location, evaluation of children with disabilities of
ages birth through five years of age and for the transition of
children with disabilities at age three in accordance with the
standards established by the
state
board
department.
A school district may arrange by interagency agreement with providers
of early learning services to provide special education and related
services for such children that meet the standards established by the
state
board
department.
(3)
If at the time an individualized education program is developed for a
child a school district is not providing special education and
related services required by that individualized education program,
the school district may arrange by contract with a nonpublic entity
for the provision of the special education and related services,
provided the special education and related services meet the
standards for special education and related services established by
the state
board department
and
is provided within the state.
(4) Any cooperative agreement or contract under division (B)(1) or (2) of this section involving a local school district shall be approved by the governing board of the educational service center which serves that district.
(C)
No plan of a local school district shall be submitted to the
superintendent
of public instruction department
until
it has been approved by the superintendent of the educational service
center which serves that district.
(D)
Upon approval of a school district's plan by the superintendent
of public instructiondepartment,
the district shall immediately certify students for state funds under
section 3317.03 of the Revised Code to implement and maintain such
plan. The district shall, in accordance with guidelines adopted by
the
state
board
department,
identify problems relating to the provision of qualified personnel
and adequate facilities, and indicate the extent to which the cost of
programs required under the plan will exceed anticipated state
reimbursement. Each school district shall immediately implement the
identification, location, and evaluation of children with
disabilities in accordance with this chapter, and shall implement
those parts of the plan involving placement and provision of special
education and related services.
Sec. 3323.09. (A) As used in this section:
(1) "Home" has the meaning given in section 3313.64 of the Revised Code.
(2) "Preschool child" means a child who is at least age three but under age six on the thirtieth day of September of an academic year.
(B)
Each county board of developmental disabilities shall establish
special education programs for all children with disabilities who in
accordance with section 3323.04 of the Revised Code have been placed
in special education programs operated by the county board and for
preschool children who are developmentally delayed or at risk of
being developmentally delayed. The board annually shall submit to the
department of education
and
workforce
a
plan for the provision of these programs. The superintendent
of public instruction department
shall
review the plan and approve or modify it in accordance with rules
adopted
by
the state board of education
under
section 3301.07 of the Revised Code. The superintendent
of public instruction department
shall
compile the plans submitted by county boards and shall submit a
comprehensive plan to the state board.
A county board of developmental disabilities may combine transportation for children enrolled in classes funded under sections 3317.0213 or 3317.20 with transportation for children and adults enrolled in programs and services offered by the board under Chapter 5126. of the Revised Code.
(C) A county board of developmental disabilities that during the school year provided special education pursuant to this section for any child with mental disabilities under twenty-two years of age shall prepare and submit the following reports and statements:
(1) The board shall prepare a statement for each child who at the time of receiving such special education was a resident of a home and was not in the legal or permanent custody of an Ohio resident or a government agency in this state, and whose natural or adoptive parents are not known to have been residents of this state subsequent to the child's birth. The statement shall contain the child's name, the name of the child's school district of residence, the name of the county board providing the special education, and the number of months, including any fraction of a month, it was provided. Not later than the thirtieth day of June, the board shall forward a certified copy of such statement to both the director of developmental disabilities and to the home.
Within thirty days after its receipt of a statement, the home shall pay tuition to the county board computed in the manner prescribed by section 3323.141 of the Revised Code.
(2)
The board shall prepare a report for each school district that is the
school district of residence of one or more of such children for whom
statements are not required by division (C)(1) of this section. The
report shall contain the name of the county board providing special
education, the name of each child receiving special education, the
number of months, including fractions of a month, that the child
received it, and the name of the child's school district of
residence. Not later than the thirtieth day of June, the board shall
forward certified copies of each report to the school district named
in the report, the superintendent
of public instructiondepartment,
and the director of developmental disabilities.
Sec.
3323.091. (A)
The department of mental health and addiction services, the
department of developmental disabilities, the department of youth
services, and the department of rehabilitation and correction shall
establish and maintain special education programs for children with
disabilities in institutions under their jurisdiction according to
standards adopted by the state
board department
of
education
and
workforce.
(B) The superintendent of each state institution required to provide services under division (A) of this section may apply to the department of education and workforce for special education and related services funding for children with disabilities other than preschool children with disabilities, calculated in accordance with section 3317.201 of the Revised Code.
Each county board of developmental disabilities providing special education for children with disabilities other than preschool children with disabilities may apply to the department of education and workforce for opportunity funds and special education and related services funding calculated in accordance with section 3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state funding described in division (B) of this section, each state institution required to provide services under division (A) of this section is entitled to tuition payments calculated in the manner described in division (C) of this section.
On or before the thirtieth day of June of each year, the superintendent of each institution that during the school year provided special education pursuant to this section shall prepare a statement for each child with a disability under twenty-two years of age who has received special education. The statement shall contain the child's data verification code assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code and the name of the child's school district of residence. Within sixty days after receipt of such statement, the department of education and workforce shall perform one of the following:
(1) For any child except a preschool child with a disability described in division (C)(2) of this section, pay to the institution submitting the statement an amount equal to the tuition calculated under division (A) of section 3317.08 of the Revised Code for the period covered by the statement, and deduct the same from the amount of state funds, if any, payable under Chapter 3317. of the Revised Code, to the child's school district of residence or, if the amount of such state funds is insufficient, require the child's school district of residence to pay the institution submitting the statement an amount equal to the amount determined under this division.
(2) For any preschool child with a disability, perform the following:
(a) Pay to the institution submitting the statement an amount equal to the tuition calculated under division (B) of section 3317.08 of the Revised Code for the period covered by the statement, except that in calculating the tuition under that section the operating expenses of the institution submitting the statement under this section shall be used instead of the operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable under Chapter 3317. of the Revised Code to the child's school district of residence an amount equal to the amount paid under division (C)(2)(a) of this section.
Sec. 3323.13. (A) If a child who is a school resident of one school district receives special education from another district, the board of education of the district providing the education, subject to division (C) of this section, may require the payment by the board of education of the district of residence of a sum not to exceed one of the following, as applicable:
(1) For any child except a preschool child with a disability described in division (A)(2) of this section, the tuition of the district providing the education for a child of normal needs of the same school grade. The determination of the amount of such tuition shall be in the manner provided for by division (A) of section 3317.08 of the Revised Code.
(2) For any preschool child with a disability, the tuition of the district providing the education for the child as calculated under division (B) of section 3317.08 of the Revised Code.
(B)
The board of the district of residence may contract with the board of
another district for the transportation of such child into any school
in such other district, on terms agreed upon by such boards. Upon
direction of the state
board department
of
education
and
workforce,
the board of the district of residence shall pay for the child's
transportation and the tuition.
(C) The board of education of a district providing the education for a child shall be entitled to require payment from the district of residence under this section or section 3323.14 of the Revised Code only if the district providing the education has done at least one of the following:
(1) Invited the district of residence to send representatives to attend the meetings of the team developing the child's individualized education program;
(2) Received from the district of residence a copy of the individualized education program or a multifactored evaluation developed for the child by the district of residence;
(3) Informed the district of residence in writing that the district is providing the education for the child.
As used in division (C)(2) of this section, "multifactored evaluation" means an evaluation, conducted by a multidisciplinary team, of more than one area of the child's functioning so that no single procedure shall be the sole criterion for determining an appropriate educational program placement for the child.
Sec.
3323.14. (A)
Where a child who is a school resident of one school district
receives special education from another district and the per capita
cost to the educating district for that child exceeds the sum of the
amount received by the educating district for that child under
division (A) of section 3317.08 of the Revised Code and the amount
received by the district from the state
board department
of
education
and
workforce
for
that child, then the board of education of the district of residence
shall pay to the board of the school district that is providing the
special education such excess cost as is determined by using a
formula approved by the department
of
education
and
agreed upon in contracts entered into by the boards of the districts
concerned at the time the district providing such special education
accepts the child for enrollment. The department shall certify the
amount of the payments under Chapter 3317. of the Revised Code for
such pupils with disabilities for each school year ending on the
thirtieth day of July.
(B) In the case of a child described in division (A) of this section who has been placed in a home, as defined in section 3313.64 of the Revised Code, pursuant to the order of a court and who is not subject to section 3323.141 of the Revised Code, the district providing the child with special education and related services may charge to the child's district of residence the excess cost determined by formula approved by the department, regardless of whether the district of residence has entered into a contract with the district providing the services. If the district providing the services chooses to charge excess costs, the district may report the amount calculated under this division to the department.
(C) If a district providing special education for a child reports an amount for the excess cost of those services, as authorized and calculated under division (A) or (B) of this section, the department shall pay that amount of excess cost to the district providing the services and shall deduct that amount from the child's district of residence in accordance with division (K) of section 3317.023 of the Revised Code.
(D) If a district providing special education to a child to whom division (C)(4) of section 3313.64 of the Revised Code applies chooses to receive a tuition payment for that child under that division, that district shall not receive any payments under this section.
Sec. 3323.141. (A) When a child who is not in the legal or permanent custody of an Ohio resident or a government agency in this state and whose natural or adoptive parents are not known to have been residents of this state subsequent to the child's birth is a resident of a home as defined in section 3313.64 of the Revised Code and receives special education and related services from a school district or county board of developmental disabilities, the home shall pay tuition to the board providing the special education.
(B) In the case of a child described in division (A) of this section who receives special education and related services from a school district, tuition shall be the amount determined under division (B)(1) or (2) of this section.
(1) For a child other than a child described in division (B)(2) of this section the tuition shall be an amount equal to the sum of the following:
(a) Tuition as determined in the manner provided for by division (B) of section 3317.081 of the Revised Code for the district that provides the special education;
(b) Such excess cost as is determined by using a formula established by rule of the department of education and workforce. The excess cost computed in this section shall not be used as excess cost computed under section 3323.14 of the Revised Code.
(2) For a child who is a preschool child with a disability, the tuition shall be computed as follows:
(a) Determine the amount of the tuition of the district providing the education for the child as calculated under division (B) of section 3317.08 of the Revised Code;
(b) For each type of special education service included in the computation of the amount of tuition under division (B)(2)(a) of this section, divide the amount determined for that computation under division (B)(2) of section 3317.08 of the Revised Code by the total number of preschool children with disabilities used for that computation under division (B)(3) of section 3317.08 of the Revised Code;
(c) Determine the sum of the quotients obtained under division (B)(2)(b) of this section;
(d) Determine the sum of the amounts determined under divisions (B)(2)(a) and (c) of this section.
(C) In the case of a child described in division (A) of this section who receives special education and related services from a county board of developmental disabilities, tuition shall be the amount determined under division (C)(1) or (2) of this section.
(1) For a child other than a child described in division (C)(2) of this section, the tuition shall be an amount equal to such board's per capita cost of providing special education and related services for children at least three but less than twenty-two years of age as determined by using a formula established by rule of the department of developmental disabilities.
(2) For a child who is a preschool child with a disability, the tuition shall equal the sum of the amounts of each such board's per capita cost of providing each of the special education or related service that the child receives. The calculation of tuition shall be made by using a formula established by rule of the department of developmental disabilities. The formula for the calculation of per capita costs under division (C)(2) of this section shall be based only on each such county board's cost of providing each type of special education or related service to preschool children with disabilities.
(D) If a home fails to pay the tuition required under this section, the board of education or county board of developmental disabilities providing the education may recover in a civil action the tuition and the expenses incurred in prosecuting the action, including court costs and reasonable attorney's fees. If the prosecuting attorney or city director of law represents the board in such action, costs and reasonable attorney's fees awarded by the court, based upon the time spent preparing and presenting the case by the prosecuting attorney, director, or a designee of either, shall be deposited in the county or city general fund.
Sec. 3323.142. As used in this section, "per pupil amount" for a preschool child with a disability included in such an approved unit means the amount determined by dividing the amount received for the classroom unit in which the child has been placed by the number of children in the unit. For any other child, "per pupil amount" means the amount paid for the child under section 3317.20 of the Revised Code.
When a school district places or has placed a child with a county board of developmental disabilities for special education, but another district is responsible for tuition under section 3313.64 or 3313.65 of the Revised Code and the child is not a resident of the territory served by the county board of developmental disabilities, the board may charge the district responsible for tuition with the educational costs in excess of the per pupil amount received by the board under Chapter 3317. of the Revised Code. The amount of the excess cost shall be determined by the formula established by rule of the department of education and workforce under section 3323.14 of the Revised Code, and the payment for such excess cost shall be made by the school district directly to the county board of developmental disabilities.
A school district board of education and the county board of developmental disabilities that serves the school district may negotiate and contract, at or after the time of placement, for payments by the board of education to the county board for additional services provided to a child placed with the county board and whose individualized education program established pursuant to section 3323.08 of the Revised Code requires additional services that are not routinely provided children in the county board's program but are necessary to maintain the child's enrollment and participation in the program. Additional services may include, but are not limited to, specialized supplies and equipment for the benefit of the child and instruction, training, or assistance provided by staff members other than staff members for which funding is received under Chapter 3317. of the Revised Code.
Sec.
3323.15. The
state
board department
of
education
and
workforce
may
arrange to pay to any board of education, the board for any children
with disabilities who are not residents of the district but for whom
the district is providing special education. Payments shall be made
in accordance with rules and standards of the state board of
education.
Sec. 3323.17. The department of education and workforce shall:
(A) Provide supervision and technical assistance to school districts in all accepted methods of educating children with disabilities who have hearing impairments, including the oral, manual, and total communication methods, with no demonstrable bias toward any one method over another;
(B) Consult with employees of school districts and chartered nonpublic schools who confer with the parents of hearing impaired children about their children's education;
(C) Consult with chartered nonpublic schools and consult with and provide technical assistance to school districts that are or may be interested in integrating sign language into their curricula and that offer or may be interested in offering American sign language as a foreign language;
(D) Consult with school districts and chartered nonpublic schools that use interpreters in classrooms and with any other interested school districts or chartered nonpublic schools about how to obtain the best interpreters and how interpreters can improve their skills.
Sec. 3323.19. (A) Within three months after a student identified with disabilities begins receiving services for the first time under an individualized education program, the school district in which that student is enrolled shall require the student to undergo a comprehensive eye examination performed either by an optometrist licensed under Chapter 4725. of the Revised Code or by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who is comprehensively trained and educated in the treatment of the human eye, eye disease, or comprehensive vision services, unless the student underwent such an examination within the nine-month period immediately prior to being identified with disabilities.
However, no student who has not undergone the eye examination required under this section shall be prohibited from initiating, receiving, or continuing to receive services prescribed in the student's individualized education program.
(B) The superintendent of each school district or the superintendent's designee may determine fulfillment of the requirement prescribed in division (A) of this section based on any special circumstances of the student, the student's parent, guardian, or family that may prevent the student from undergoing the eye examination prior to beginning special education services.
(C) Except for a student who may be entitled to a comprehensive eye examination in the identification of the student's disabilities, in the development of the student's individualized education program, or as a related service under the student's individualized education program, neither the state nor any school district shall be responsible for paying for the eye examination required by this section.
(D) The department of education and workforce annually shall do both of the following:
(1) Notify each school district and community school of the requirements of this section;
(2) Collect from each school district and community school the total number of students enrolled in the district who were subject to the requirements of this section and the total number of students who received the examination, as verified by documentation received from the district.
Sec. 3323.20. On July 1, 2006, and on each first day of July thereafter, the department of education and workforce shall electronically report to the general assembly the number of preschool children with disabilities who received services for which the department made a payment to any provider during the previous fiscal year, disaggregated according to each area of developmental deficiency identified by the department for the evaluation of such children.
Sec. 3323.25. (A) As used in this section and section 3323.251 of the Revised Code:
(1) "Dyslexia" means a specific learning disorder that is neurological in origin and that is characterized by unexpected difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities not consistent with the person's intelligence, motivation, and sensory capabilities, which difficulties typically result from a deficit in the phonological component of language.
(2) "Appropriate certification" means either of the following:
(a) Certification at a certified level, or higher, from a research-based, structured literacy program;
(b) Any other certification as recognized by a majority vote of the Ohio dyslexia committee.
(B)(1) The department of education and workforce shall establish the Ohio dyslexia committee which shall consist of the following members:
(a)
A school district superintendent appointed by the
superintendent
of public instruction
director
of education and workforce;
(b)
An elementary school principal appointed by the
state
superintendent
director;
(c)
A classroom teacher appointed by the
state
superintendent
director.
The teacher shall have an appropriate certification and at least two
years of experience teaching in a structured literacy program.
(d)
An educational service center employee appointed by the
state
superintendent
director.
The employee shall have an appropriate certification.
(e)
An employee of the department of
education appointed
by the
state
superintendent
director;
(f) A parent of a child with dyslexia or an adult with dyslexia appointed by the international dyslexia association in Ohio;
(g) An individual with experience in higher education and teacher preparation programs appointed by the chancellor of higher education. The individual appointed by the chancellor shall have an appropriate certification.
(h) A board member of the international dyslexia association in Ohio appointed by the international dyslexia association in Ohio. The board member shall have an appropriate certification.
(i)
A school psychologist appointed by the
state
superintendent
director;
(j)
A reading intervention specialist appointed by the
state
superintendent
director.
The reading intervention specialist shall have an appropriate
certification.
(k) A speech-language pathologist appointed by the state speech and hearing professionals board. The speech-language pathologist shall have an appropriate certification.
(2)
Each appointing authority shall determine a selection process for the
appointments under this section. Each appointing authority that is
not the state
superintendent director
shall
make and submit to the department each appointment prescribed under
this section
not
later than thirty days after April 12, 2021. The state superintendent
also shall make each appointment prescribed to the state
superintendent under this section not later than that date.
Members of the committee shall serve at the pleasure of their
appointing authority.
(3) An individual may be appointed to the committee without required certification or experience if the appointing authority determines that the individual has sufficient experience in the individual's respective field.
(4)
The state
superintendent director
shall
convene the first meeting of the committee within thirty days after
nine members have been appointed to the committee. At the first
meeting, members of the committee shall elect one of the members as
chairperson.
(5) The department shall provide facilities for the meetings of the committee.
(C)(1) Not later than December 31, 2021, the Ohio dyslexia committee shall develop a guidebook regarding the best practices and methods for universal screening, intervention, and remediation for children with dyslexia or children displaying dyslexic characteristics and tendencies using a structured literacy program.
(2) The committee shall provide an opportunity for public input when developing the guidebook, in the manner determined by the committee.
(3)
Prior to its distribution, the guidebook shall be subject to final
approval by the
state
board of education
department.
(4) The guidebook shall be developed and issued to districts and schools in an electronic format. After the initial development of the guidebook, the Ohio dyslexia committee shall update the guidebook as necessary.
(D)
Not
later than December 31, 2021, the The
department,
in collaboration with the Ohio dyslexia committee, shall do all of
the following:
(1) Provide structured literacy program professional development for teachers in evidence-based dyslexia screening and intervention practices for the purposes of section 3319.077 of the Revised Code.
(2) Assist school districts and other public schools in establishing multidisciplinary teams to support the identification, intervention, and remediation of dyslexia;
(3) Develop reporting mechanisms for districts and schools to submit to the department the information and data required in the guidebook developed under this section;
(4) Develop academic standards for kindergarten in reading and writing that incorporate a structured literacy program;
(5) Provide on the department's web site information about training for teachers about dyslexia that is available at minimal or no cost.
(E) The department, in collaboration with the Ohio dyslexia committee, shall identify reliable, valid, universal, and evidence-based screening and intervention measures that evaluate the literacy skills of students enrolled in grades kindergarten through five using a structured literacy program.
(F) The Ohio dyslexia committee may do any of the following:
(1) Recommend appropriate ratios in school buildings for students to teachers who have received certification in identifying and addressing dyslexia;
(2) Recommend which other school personnel, including school psychologists or speech-language pathologists, should receive certification in identifying and addressing dyslexia;
(3) Consider and make recommendations regarding whether professional development required under section 3319.077 of the Revised Code should require the completion of a practicum.
Sec. 3323.251. (A) Each school district and other public school shall do all of the following:
(1) For the 2023-2024 school year, administer a tier one dyslexia screening measure to a student to whom either of the following applies:
(a) The student is enrolled in any of grades kindergarten through three. A screening measure shall be administered to a student enrolled in kindergarten after January 1, 2024, but prior to January 1, 2025.
(b) The student is enrolled in any of grades four through six and either of the following applies:
(i) The student's parent, guardian, or custodian requests that the screening measure be administered to the student.
(ii) A classroom teacher requests that the screening measure be administered to the student and the student's parent, guardian, or custodian grants permission for the screening measure to be administered.
A school district may implement the screening under division (A)(1) of this section prior to the 2023-2024 school year.
(2) For the 2024-2025 school year and each school year thereafter, administer a tier one dyslexia screening measure to a student to whom either of the following applies:
(a) A student enrolled in kindergarten. A screening measure shall be administered to a student after the first day of January of the school year in which the student is enrolled in kindergarten and prior to the first day of January of the following school year.
(b) A student enrolled in any of grades one through six if either of the following applies:
(i) The student's parent, guardian, or custodian requests that the screening measure be administered to the student.
(ii) A classroom teacher requests that the screening measure be administered to the student and the student's parent, guardian, or custodian grants permission for the screening measure to be administered.
A district or school may administer a tier two dyslexia screening measure to a student to whom the district or school administers a tier one screening measure under division (A)(1) or (2) of this section. In that case, a district or school shall not be required to complete division (A)(4) of this section.
(3) Identify each student that is at risk of dyslexia based on the student's results on the tier one screening measure and notify the student's parent, guardian, or custodian that the student has been identified as being at risk.
(4) Monitor the progress of each at-risk student toward attaining grade-level reading and writing skills for up to six weeks. The district or school shall check each at-risk student's progress on at least the second week, fourth week, and sixth week after the student is identified as being at risk. If no progress is observed during the monitoring period, the district or school shall notify the parent, guardian, or custodian of the student and administer a tier two dyslexia screening measure to the student.
(5) Report to a student's parent or guardian the student's results on a tier two screening measure approved by the Ohio dyslexia committee within thirty days after the measure's administration. If, as determined by the tier two screening measure, the student is identified as having dyslexia tendencies, the student's parent or guardian shall be provided with information about reading development, the risk factors for dyslexia, and descriptions for evidenced-based interventions.
(6) If a student demonstrates markers for dyslexia, provide the student's parents or guardian with a written explanation of the district or school's structured literacy program.
(B)(1) Beginning in the 2023-2024 school year, each district or school shall:
(a) Administer a tier one dyslexia screening measure to each kindergarten student that transfers into the district or school midyear during the school's regularly scheduled screening of the kindergarten class or within thirty days after the student's enrollment if the screening already has been completed;
(b) Administer a tier one dyslexia screening measure to each student in grades one through six that transfers into the district or school midyear within thirty days after the student's enrollment.
(2) If a student is identified as being at risk of dyslexia under division (B)(1) of this section, the district or school shall administer a tier two screening measure in a timely manner.
(C) Each district or school shall do all of the following:
(1) Comply with any provisions that are statutorily required, as they pertain to the guidebook developed under division (C) of section 3323.25 of the Revised Code;
(2) Select screening and intervention measures to administer to students from the measures identified under division (E) of section 3323.25 of the Revised Code;
(3) Establish a multidisciplinary team to administer screening and intervention measures and analyze the results of the measures. The team shall include trained and certified personnel and a stakeholder with expertise in the identification, intervention, and remediation of dyslexia.
(4) Report to the department of education and workforce the results of screening measures administered under this section.
In addition, districts and schools may utilize any best practices and recommendations contained in the guidebook developed under division (C) of section 3323.25 of the Revised Code.
Sec.
3323.32. (A)
The department of education
and
workforce
shall
contract with an entity to administer programs and coordinate
services for infants, preschool and school-age children, and adults
with autism and low incidence disabilities. The entity shall be
selected by the superintendent
of public instruction director
of education and workforce in
consultation with the advisory board established under section
3323.33 of the Revised Code.
The contract with the entity selected shall include, but not be limited to, the following provisions:
(1) A description of the programs to be administered and services to be provided or coordinated by the entity, which shall include at least the duties prescribed by sections 3323.34 and 3323.35 of the Revised Code;
(2) A description of the expected outcomes from the programs administered and services provided or coordinated by the entity;
(3) A stipulation that the entity's performance is subject to evaluation by the department and renewal of the entity's contract is subject to the department's satisfaction with the entity's performance;
(4) A description of the measures and milestones the department will use to determine whether the performance of the entity is satisfactory;
(5) Any other provision the department determines is necessary to ensure the quality of services to individuals with autism and low incidence disabilities.
(B)
In selecting the entity under division (A) of this section, the
superintendent
director
of education and workforce and
the advisory board shall give primary consideration to the Ohio
Center for Autism and Low Incidence, established under section
3323.31 of the Revised Code, as long as the principal goals and
mission of the Center, as determined by the superintendent
director
and
the advisory board, are consistent with the requirements of divisions
(A)(1) to (5) of this section.
Sec.
3323.33. The
superintendent
of public instruction director
of education and workforce shall
establish an advisory board to assist and advise the Franklin county
educational service center in the operation of the Ohio Center for
Autism and Low Incidence and the superintendent
of public instruction director
in
selecting an entity to administer programs and coordinate services
for individuals with autism and low incidence disabilities as
required by section 3323.32 of the Revised Code and to provide
technical assistance in the provision of such services. As determined
by the superintendentdirector,
the advisory board shall consist of individuals who are stakeholders
in the service to persons with autism and low incidence disabilities,
including, but not limited to, the following:
(A) Persons with autism and low incidence disabilities;
(B) Parents and family members;
(C) Educators and other professionals;
(D) Higher education instructors;
(E) Representatives of state agencies.
The
advisory board shall be organized as determined by the
superintendentdirector.
Members of the advisory board shall receive no compensation for their services.
Sec. 3324.01. As used in this section and sections 3324.02 through 3324.06 of the Revised Code:
(A) "Approved" means approved by the department of education and workforce and included on the list compiled by the department under section 3324.02 of the Revised Code.
(B) "Gifted" means students who perform or show potential for performing at remarkably high levels of accomplishment when compared to others of their age, experience, or environment and who are identified under division (A), (B), (C), or (D) of section 3324.03 of the Revised Code.
(C) "School district" does not include a joint vocational school district.
(D) "Specific academic ability field" means one or more of the following areas of instruction:
(1) Mathematics;
(2) Science;
(3) Reading, writing, or a combination of these skills;
(4) Social studies.
Sec. 3324.02. (A) The department of education and workforce shall construct lists of existing assessment instruments it approves for use by school districts, and may include on the lists and make available to school districts additional assessment instruments developed by the department. Wherever possible, the department shall approve assessment instruments that utilize nationally recognized standards for scoring or are nationally normed. The lists of instruments shall include:
(1) Initial screening instruments for use in selecting potentially gifted students for further assessment;
(2) Instruments for identifying gifted students under section 3324.03 of the Revised Code.
(B) The department, under Chapter 119. of the Revised Code, shall also adopt rules for the administration of any tests or assessment instruments it approves on the list required by division (A) of this section and for establishing the scores or performance levels required under section 3324.03 of the Revised Code.
(C) The department shall ensure that the approved list of assessment instruments under this section includes instruments that allow for appropriate screening and identification of gifted minority and disadvantaged students, children with disabilities, and students for whom English is a second language.
(D) Districts shall select screening and identification instruments from the approved lists for inclusion in their district policies.
(E) The department shall make initial lists of approved assessment instruments and the rules for the administration of the instruments available by September 1, 1999.
Sec. 3324.03. The board of education of each school district shall identify gifted students in grades kindergarten through twelve as follows:
(A) A student shall be identified as exhibiting "superior cognitive ability" if the student did either of the following within the preceding twenty-four months:
(1) Scored two standard deviations above the mean, minus the standard error of measurement, on an approved individual standardized intelligence test administered by a licensed school psychologist or licensed psychologist;
(2) Accomplished any one of the following:
(a) Scored at least two standard deviations above the mean, minus the standard error of measurement, on an approved standardized group intelligence test;
(b) Performed at or above the ninety-fifth percentile on an approved individual or group standardized basic or composite battery of a nationally normed achievement test;
(c) Attained an approved score on one or more above-grade level standardized, nationally normed approved tests.
(B) A student shall be identified as exhibiting "specific academic ability" superior to that of children of similar age in a specific academic ability field if within the preceding twenty-four months the student performs at or above the ninety-fifth percentile at the national level on an approved individual or group standardized achievement test of specific academic ability in that field. A student may be identified as gifted in more than one specific academic ability field.
(C) A student shall be identified as exhibiting "creative thinking ability" superior to children of a similar age, if within the previous twenty-four months, the student scored one standard deviation above the mean, minus the standard error of measurement, on an approved individual or group intelligence test and also did either of the following:
(1) Attained a sufficient score, as established by the department of education and workforce, on an approved individual or group test of creative ability;
(2)
Exhibited sufficient performance, as established by the department
of
education,
on an approved checklist of creative behaviors.
(D) A student shall be identified as exhibiting "visual or performing arts ability" superior to that of children of similar age if the student has done both of the following:
(1) Demonstrated through a display of work, an audition, or other performance or exhibition, superior ability in a visual or performing arts area;
(2)
Exhibited sufficient performance, as established by the department
of
education,
on an approved checklist of behaviors related to a specific arts
area.
Sec. 3324.04. The board of education of each school district shall adopt a plan by January 1, 2000, for identifying gifted students. The plan shall be submitted to the department of education and workforce for approval. The department shall approve the plan within sixty days if it contains all of the following:
(A) A description of the assessment instruments from the list adopted by the department that the district will use to screen and identify gifted students;
(B) Acceptable scheduling procedures for screening and for administering assessment instruments for identifying gifted students. These procedures shall provide:
(1) At least two opportunities a year for assessment in the case of students requesting assessment or recommended for assessment by teachers, parents, or other students;
(2) Assurance of inclusion in screening and assessment procedures for minority and disadvantaged students, children with disabilities, and students for whom English is a second language;
(3) Assurance that any student transferring into the district will be assessed within ninety days of the transfer at the request of a parent.
(C) Procedures for notification of parents within thirty days about the results of any screening procedure or assessment instrument and the provision of an opportunity for parents to appeal any decision about the results of any screening procedure or assessment, the scheduling of children for assessment, or the placement of a student in any program or for receipt of services;
(D)
A commitment that the district will accept scores on assessment
instruments provided by other school districts or trained personnel
outside the school district, provided the assessment instruments are
on the list approved by the department of
education under
section 3324.02 of the Revised Code.
The district's plan may provide for the district to contract with any qualified public or private service provider to provide screening or assessment services under the plan.
The department shall assist any district whose plan it disapproves under this section to amend the plan so that it meets the requirements of this section.
Sec. 3324.05. (A) Each school district shall submit an annual report to the department of education and workforce specifying the number of students in each of grades kindergarten through twelve screened, the number assessed, and the number identified as gifted in each category specified in section 3324.03 of the Revised Code. For fiscal years 2022 and 2023, this report shall also specify the number of students served in each category specified in section 3324.03 of the Revised Code.
(B) For fiscal years 2022 and 2023, not later than the thirty-first day of October, the department shall publish both of the following using data submitted by school districts under the education management information system established under section 3301.0714 of the Revised Code:
(1) Services offered by each school district to students identified as gifted in each of the following grade bands:
(a) Kindergarten through third grade;
(b) Fourth through eighth grade;
(c) Ninth through twelfth grade.
(2) The number of licensed gifted intervention specialists and coordinators employed or contracted by each school district.
(C)
The department of
education shall
audit each school district's identification numbers at least once
every three years and may select any district at random or upon
complaint or suspicion of noncompliance for a further audit to
determine compliance with sections 3324.03 to 3324.06 of the Revised
Code. If a school district's audit under this division occurs during
fiscal year 2022 or 2023, the department shall also audit the
district's service numbers.
(D) The department shall provide technical assistance to any district found in noncompliance under division (C) of this section. For fiscal years 2022 and 2023, the department shall reduce funds received by the district under Chapter 3317. of the Revised Code by any amount if the district continues to be noncompliant. For fiscal year 2024 and each fiscal year thereafter, the department may reduce funds received by the district under Chapter 3317. of the Revised Code by any amount if the district continues to be noncompliant.
Sec. 3324.06. The board of education of each school district shall adopt a statement of its policy for the screening and identification of gifted students and shall distribute the policy statement to parents. The policy statement shall specify:
(A) The criteria and methods the district uses to screen students and to select students for further assessment who perform or show potential for performing at remarkably high levels of accomplishment in one of the gifted areas specified in section 3324.03 of the Revised Code;
(B) The sources of assessment data the district uses to select students for further testing and an explanation for parents of the multiple assessment instruments required to identify gifted students under section 3324.03 of the Revised Code;
(C) An explanation for parents of the methods the district uses to ensure equal access to screening and further assessment by all district students, including minority or disadvantaged students, children with disabilities, and students for whom English is a second language;
(D) Provisions to ensure equal opportunity for all district students identified as gifted to receive any services offered by the district;
(E) Provisions for students to withdraw from gifted programs or services, for reassessment of students, and for assessment of students transferring into the district;
(F) Methods for resolving disagreements between parents and the district concerning identification and placement decisions.
A copy of the district's policy adopted under this section shall accompany the district's plan submitted to the department of education and workforce under section 3324.04 of the Revised Code.
Sec. 3324.07. (A) The board of education of each school district shall develop a plan for the service of gifted students enrolled in the district that are identified under section 3324.03 of the Revised Code. Services specified in the plan developed by each board may include such options as the following:
(1) A differentiated curriculum;
(2) Cluster grouping;
(3) Mentorships;
(4) Accelerated course work;
(5) The college credit plus program under Chapter 3365. of the Revised Code;
(6) Advanced placement;
(7) Honors classes;
(8) Magnet schools;
(9) Self-contained classrooms;
(10) Independent study;
(11) International baccalaureate;
(12) Other options identified in rules adopted by the department of education and workforce.
(B)
Each board shall file the plan developed under division (A) of this
section with the department of education
by
December 15, 2000
and
workforce.
The department shall review and analyze each plan to determine if it
is adequate and to make funding estimates.
(C)
Unless otherwise required by law, rule, or as a condition for receipt
of funds, school boards may implement the plans developed under
division (A) of this section, but shall not be required to do so
until further action by the general assembly or the state
superintendent of public instructiondirector
of education and workforce.
Sec.
3324.08. Any
person employed by a school district and assigned to a school as a
principal or any other position may also serve as the district's
gifted education coordinator, if qualified to do so pursuant to the
rules adopted by the state
board department
of
education
and
workforce
under
this chapter.
Sec. 3324.09. (A) For fiscal years 2022 and 2023, not later than the thirtieth day of October, the department of education and workforce shall publish on its web site the funds received for the previous fiscal year by each school district under division (A)(6) of section 3317.022 of the Revised Code for the identification of and services provided to the district's gifted students and each district's expenditures of those funds.
(B) For fiscal year 2024 and each fiscal year thereafter, not later than the thirtieth day of October, the department shall publish on its web site each school district's expenditures for the previous fiscal year of funds received under division (A)(6) of section 3317.022 of the Revised Code for the identification of and services provided to the district's gifted students.
Sec.
3324.10. (A)
Prior
to June 30, 2006, the state board The
department of
education and
workforce shall
adopt a model student acceleration policy addressing recommendations
in the former
department
of education's 2005 study conducted under the gifted research and
demonstration grant program. The policy shall address, but not be
limited to, whole grade acceleration, subject area acceleration, and
early high school graduation.
(B)
The board of education of each city, local, and exempted village
school district shall implement a student acceleration policy to take
effect beginning in the 2006-2007 school year. The policy shall
either be the model adopted by the state
board department
under
division (A) of this section or a policy covering similar issues that
is adopted by the district board. If the district board does not
adopt the state
board's department's
model,
it shall submit its policy to the department for review and approval.
The department, upon request, shall provide technical assistance to
the district board in developing the policy.
Sec.
3324.11. No
rule adopted by the state
board director
of
education and
workforce pursuant
to this chapter, section 3301.07 of the Revised Code, or any other
provision of the Revised Code shall permit a school district to
report that it has provided services to a student identified as
gifted unless those services are paid for by the district. Nothing in
this section shall prohibit a district from requiring a student to
pay the costs of advanced placement or international baccalaureate
examinations.
Sec.
3325.01. The
state school for the deaf and the state school for the blind shall be
under the control and supervision of the state
board department
of
education
and
workforce.
On
the recommendation of the superintendent of public instruction, the
state board of education The
department shall
appoint a superintendent for the state school for the deaf and a
superintendent for the state school for the blind, each of whom shall
serve at the pleasure of the
state
board
department.
Sec.
3325.011. Subject
to the regulations adopted by the state
board department
of
education
and
workforce,
the state school for the deaf shall be open to receive persons who
are deaf, partially deaf, and both blind and deaf residents of this
state, who, in the judgment of the superintendent
of public instruction director
of education and workforce and
the superintendent of the school for the deaf, due to such
disability, cannot be educated in the public school system and are
suitable persons to receive instructions according to the methods
employed in such school. The superintendent of the school for the
deaf may pay the expenses necessary for the instruction of children
who are both blind and deaf, who are resident of this state, in any
suitable institution.
Sec. 3325.02. (A) As used in this chapter, "visual impairment" means blindness, partial blindness, deaf-blindness, or multiple disabilities if one of the disabilities is vision related.
(B)
Subject to the regulations adopted by the state
board department
of
education
and
workforce,
the state school for the blind shall be open to receive persons who
are residents of this state, whose disabilities are visual
impairments, and who, in the judgment of the superintendent
of public instruction director
of education and workforce and
the superintendent of the school for the blind, due to such
disability, cannot be educated in the public school system and are
suitable persons to receive instructions according to the methods
employed in the school.
Sec.
3325.03. The
superintendent of the state school for the deaf or the superintendent
of the state school for the blind may return to itsthe
pupil's
parents,
guardian, or proper agency any pupil under
his
the
superintendent's
jurisdiction,
who, in the opinion of such superintendent and the superintendent
of public instructiondirector
of education and workforce,
is not making sufficient progress in
its
the
pupil's
school
or industrial work to justify
its
continuance
as a pupil in such school.
Sec.
3325.04. The
superintendent of the state school for the deaf and the
superintendent of the state school for the blind, with the approval
of the superintendent
of public instructiondirector
of education and workforce,
shall, for their respective schools and subject to the rules and
regulations of the civil service, employ suitable teachers, nurses,
and other help necessary to provide the proper instruction and care
for the pupils under their jurisdiction.
No
individual hired on or after
the
effective date of this amendment
August
29, 1991,
as
a classroom teacher at the state school for the blind shall be
permitted to retain employment as a teacher at the school unless
prior to the date of such hiring, or within one year of that date,
the individual completes at least two courses of instruction in
braille at an institution of higher education or demonstrates
equivalent competency in the use of braille to the satisfaction of
the superintendent of the state school for the blind.
Sec.
3325.05. The
state
board department
of
education
and
workforce
may
provide for the further and higher education of any blind pupils, who
in its judgment are capable of receiving sufficient benefit to render
them more efficient as citizens, by appointing readers for such
persons to read from textbooks and pamphlets used in their studies
while in attendance as regularly matriculated students in any
college, university, or technical or professional school located in
this state and authorized to grant degrees. Any fund appropriated for
such purpose shall be distributed under the direct supervision of the
state
board of education
department.
No person shall receive the benefit conferred by this section who has
not had an actual residence in this state for at least one year.
Sec.
3325.06. (A)
The state
board department
of
education
and
workforce
shall
institute and establish a program of education by
the department of education to
train parents of deaf or hard of hearing children of preschool age.
The object and purpose of the educational program shall be to aid and
assist the parents of deaf or hard of hearing children of preschool
age in affording to the children the means of optimum communicational
facilities.
(B)
The state
board of education department
shall
institute and establish a program of education to train and assist
parents of children of preschool age whose disabilities are visual
impairments. The object and purpose of the educational program shall
be to enable the parents of children of preschool age whose
disabilities are visual impairments to provide their children with
learning experiences that develop early literacy, communication,
mobility, and daily living skills so the children can function
independently in their living environments.
Sec.
3325.07. The
state
board department
of
education and
workforce in
carrying out this section and division (A) of section 3325.06 of the
Revised Code shall, insofar as practicable, plan, present, and carry
into effect an educational program by means of any of the following
methods of instruction:
(A) Classes for parents of deaf or hard of hearing children of preschool age;
(B) A nursery school where parent and child would enter the nursery school as a unit;
(C) Correspondence course;
(D) Personal consultations and interviews;
(E) Day-care or child development courses;
(F) Summer enrichment courses;
(G) By such other means or methods as the superintendent of the state school for the deaf deems advisable that would permit a deaf or hard of hearing child of preschool age to construct a pattern of communication at an early age.
The superintendent may allow children who are not deaf or hard of hearing to participate in the methods of instruction described in divisions (A) to (G) of this section as a means to assist deaf or hard of hearing children to construct a pattern of communication. The superintendent shall establish policies and procedures regarding the participation of children who are not deaf or hard of hearing.
The superintendent may establish reasonable fees for participation in the methods of instruction described in divisions (A) to (G) of this section to defray the costs of carrying them out. The superintendent shall determine the manner by which any such fees shall be collected. All fees shall be deposited in the even start fees and gifts fund, which is hereby created in the state treasury. The money in the fund shall be used to implement this section.
Sec.
3325.071. The
state
board department
of
education
and
workforce
in
carrying out this section and division (B) of section 3325.06 of the
Revised Code shall, insofar as practicable, plan, present, and carry
into effect an educational program by means of any of the following
methods of instruction:
(A) Classes for parents of children of preschool age whose disabilities are visual impairments, independently or in cooperation with community agencies;
(B) Periodic interactive parent-child classes for infants and toddlers whose disabilities are visual impairments;
(C) Correspondence course;
(D) Personal consultations and interviews;
(E) Day-care or child development courses for children and parents;
(F) Summer enrichment courses;
(G) By such other means or methods as the superintendent of the state school for the blind deems advisable that would permit a child of preschool age whose disability is a visual impairment to construct a pattern of communication and develop literacy, mobility, and independence at an early age.
The superintendent may allow children who do not have disabilities that are visual impairments to participate in the methods of instruction described in divisions (A) to (G) of this section so that children of preschool age whose disabilities are visual impairments are able to learn alongside their peers while receiving specialized instruction that is based on early learning and development strategies. The superintendent shall establish policies and procedures regarding the participation of children who do not have disabilities that are visual impairments.
The superintendent may establish reasonable fees for participation in the methods of instruction described in divisions (A) to (G) of this section to defray the costs of carrying them out. The superintendent shall determine the manner by which any such fees shall be collected. All fees shall be deposited in the state school for the blind even start fees and gifts fund, which is hereby created in the state treasury. The money in the fund shall be used to implement this section.
Sec. 3325.08. (A) A diploma shall be granted by the superintendent of the state school for the blind and the superintendent of the state school for the deaf to any student enrolled in one of these state schools to whom all of the following apply:
(1) The student has successfully completed the individualized education program developed for the student for the student's high school education pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, the student has met the assessment requirements of division (A)(2)(a) or (b) of this section, as applicable.
(a) If the student entered the ninth grade prior to July 1, 2014, the student either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments prescribed by that division unless division (L) of section 3313.61 of the Revised Code applies to the student;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after July 1, 2014, the student has met the requirement prescribed by section 3313.618 of the Revised Code, except to the extent that division (L) of section 3313.61 of the Revised Code applies to the student.
(3) The student is not eligible to receive an honors diploma granted pursuant to division (B) of this section.
No diploma shall be granted under this division to anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this section, the superintendent of the state school for the blind and the superintendent of the state school for the deaf shall grant an honors diploma, in the same manner that the boards of education of school districts grant such diplomas under division (B) of section 3313.61 of the Revised Code, to any student enrolled in one of these state schools who accomplishes all of the following:
(1) Successfully completes the individualized education program developed for the student for the student's high school education pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met the assessment requirements of division (B)(2)(a) or (b) of this section, as applicable.
(a) If the student entered the ninth grade prior to July 1, 2014, the student either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments prescribed under that division;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after July 1, 2014, the student has met the requirement prescribed by section 3313.618 of the Revised Code.
(3) Has met additional criteria for granting an honors diploma.
These additional criteria shall be the same as those prescribed by the state board under division (B) of section 3313.61 of the Revised Code for the granting of such diplomas by school districts. No honors diploma shall be granted to anyone failing to comply with this division and not more than one honors diploma shall be granted to any student under this division.
(C)
A diploma or honors diploma awarded under this section shall be
signed by the superintendent
of public instruction director
of education and workforce and
the superintendent of the state school for the blind or the
superintendent of the state school for the deaf, as applicable. Each
diploma shall bear the date of its issue and be in such form as the
school superintendent prescribes.
(D) Upon granting a diploma to a student under this section, the superintendent of the state school in which the student is enrolled shall provide notice of receipt of the diploma to the board of education of the school district where the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code when not residing at the state school for the blind or the state school for the deaf. The notice shall indicate the type of diploma granted.
Sec.
3325.09. (A)
The state
board department
of
education
and
workforce
shall
institute and establish career-technical education and work training
programs for secondary and post-secondary students whose disabilities
are visual impairments. These programs shall develop communication,
mobility, and work skills and assist students in becoming productive
members of society so that they can contribute to their communities
and living environments.
(B) The state school for the blind may use any gifts, donations, or bequests it receives under section 3325.10 of the Revised Code for one or more of the following purposes that are related to career-technical and work training programs for secondary and post-secondary students whose disabilities are visual impairments:
(1) Room and board;
(2) Training in mobility and orientation;
(3) Activities that teach daily living skills;
(4) Rehabilitation technology;
(5) Activities that teach group and individual social and interpersonal skills;
(6) Work placement in the community by the school or a community agency;
(7) Transportation to and from work sites or locations of community interaction;
(8) Supervision and management of programs and services.
Sec.
3325.11. There
is hereby created in the state treasury the state school for the
blind student activity and work-study fund. Moneys received from
donations, bequests, the school vocational program, and any other
moneys designated for deposit in the fund by the superintendent of
the state school for the blind shall be credited to the fund.
Notwithstanding section 3325.01 of the Revised Code, the approval of
the state
board department
of
education
and
workforce
is
not required to designate money for deposit into the fund. The school
for the blind shall use money in the fund for school operating
expenses, including, but not limited to, personal services,
maintenance, and equipment related to student support, activities,
and vocational programs, and for providing scholarships to students
for further training upon graduation.
Sec.
3325.12. Money
deposited with the superintendent of the state school for the blind
and the superintendent of the state school for the deaf by parents,
relatives, guardians, and friends for the special benefit of any
pupil shall remain in the hands of the respective superintendent for
use accordingly. Each superintendent shall deposit the money into one
or more personal deposit funds. Each superintendent shall keep
itemized book accounts of the receipt and disposition of the money,
which books shall be open at all times to the inspection of the
superintendent
of public instructiondirector
of education and workforce.
The superintendent of the state school for the blind and the
superintendent of the state school for the deaf each shall adopt
rules governing the deposit, transfer, withdrawal, or investment of
the money and the investment earnings of the money.
Whenever a pupil ceases to be enrolled in the state school for the blind or the state school for the deaf, if personal money of the pupil remains in the hands of the respective superintendent and no demand is made upon the superintendent by the pupil or the pupil's parent or guardian, the superintendent shall hold the money in a personal deposit fund for a period of at least one year. During that time, the superintendent shall make every effort possible to locate the pupil or the pupil's parent or guardian. If, at the end of this period, no demand has been made for the money held by the state school for the blind, the superintendent of the state school for the blind shall dispose of the money by transferring it to the state school for the blind student activity and work-study fund established by section 3325.11 of the Revised Code. If at the end of this period, no demand has been made for the money held by the state school for the deaf, the superintendent of the state school for the deaf shall dispose of the money by transferring it to the state school for the deaf educational program expenses fund established by section 3325.16 of the Revised Code.
Sec.
3325.13. The
state school for the blind employees food service fund is hereby
created in the state treasury. The fund shall consist of payments
received from employees who make purchases from the school's food
service program. Notwithstanding section 3325.01 of the Revised Code,
the approval of the state
board department
of
education
and
workforce
is
not required to designate money for deposit into the fund. The school
for the blind shall use money in the fund to pay costs associated
with the school's food service program.
Sec.
3325.14. The
state school for the deaf employees food service fund is hereby
created in the state treasury. The fund shall consist of payments
received from employees who make purchases from the school's food
service program. Notwithstanding section 3325.01 of the Revised Code,
the approval of the state
board department
of
education
and
workforce
is
not required to designate money for deposit into the fund. The school
for the deaf shall use money in the fund to pay costs associated with
the school's food service program.
Sec.
3325.16. There
is hereby created in the state treasury the state school for the deaf
educational program expenses fund. Moneys received by the school from
donations, bequests, student fundraising activities, fees charged for
camps and workshops, gate receipts from athletic contests, and the
student work experience program operated by the school, and any other
moneys designated for deposit in the fund by the superintendent of
the school, shall be credited to the fund. Notwithstanding section
3325.01 of the Revised Code, the approval of the state
board department
of
education
and
workforce
is
not required to designate money for deposit into the fund. The state
school for the deaf shall use moneys in the fund for educational
programs, after-school activities, and expenses associated with
student activities and clubs.
Sec.
3325.17. There
is hereby created in the state treasury the state school for the
blind educational program expense fund. Moneys received by the school
from donations, bequests, student fundraising activities, fees
charged for camps, workshops, and summer work and learn cooperative
programs, gate receipts from school activities, and any other moneys
designated for deposit in the fund by the superintendent of the
school, shall be credited to the fund. Notwithstanding section
3325.01 of the Revised Code, the approval of the state
board department
of
education
and
workforce
is
not required to designate money for deposit into the fund. The state
school for the blind shall use moneys in the fund for educational
programs, after-school activities, and expenses associated with
student activities.
Sec. 3326.02. There is hereby established the STEM committee of the department of education and workforce consisting of the following members:
(A)
The superintendent
of public instructiondirector
of education and workforce,
or the superintendent's
director's
designee;
(B) The chancellor of higher education, or the chancellor's designee;
(C) The director of development, or the director's designee;
(D) Four members of the public, two of whom shall be appointed by the governor, one of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the president of the senate. Members of the public shall be appointed based on their expertise in business or in STEM fields.
All members of the committee appointed under division (D) of this section shall serve at the pleasure of their appointing authority.
If a member listed in divisions (A) to (C) of this section elects to assign a designee to participate in committee business on the member's behalf, the member shall assign that designation to a single person for the time period in which the designation is effective.
Members of the committee shall receive no compensation for their services. The department of education and workforce shall provide administrative support for the committee.
Sec. 3326.03. (A) The STEM committee shall authorize the establishment of science, technology, engineering, and mathematics schools based on proposals submitted to the committee.
The committee shall determine the criteria for proposals, establish procedures for the submission of proposals, accept and evaluate proposals, and choose which proposals to approve to become a STEM school. In approving proposals for STEM schools, the committee shall consider designating schools in diverse geographic regions of the state so that all students have access to a STEM school.
The committee shall seek technical assistance from the Ohio STEM learning network, or its successor, throughout the process of accepting and evaluating proposals and choosing which proposals to approve. In approving proposals for STEM schools, the committee shall consider the recommendations of the Ohio STEM learning network, or its successor.
The committee may authorize the establishment of a group of multiple STEM schools to operate from multiple facilities located in one or more school districts under the direction of a single governing body in the manner prescribed by section 3326.031 of the Revised Code. The committee shall consider the merits of each of the proposed STEM schools within a group and shall authorize each school separately. Anytime after authorizing a group of STEM schools to be under the direction of a single governing body, the committee may authorize one or more additional schools to operate as part of that group, provided a proposal for each school is submitted in accordance with this section.
The STEM committee may approve one or more STEM schools to serve only students identified as gifted under Chapter 3324. of the Revised Code.
(B) Proposals may be submitted only by a partnership of public and private entities consisting of at least all of the following:
(1) A city, exempted village, or local school district;
(2) Higher education entities;
(3) Business organizations.
A community school established under Chapter 3314. of the Revised Code, a chartered nonpublic school, or both may be part of the partnership.
(C) Each proposal shall include at least the following:
(1) A statement of which of grades kindergarten through twelve will be offered by the school;
(2) Assurances that the STEM school or group of STEM schools will be under the oversight of a governing body and a description of the members of that governing body and how they will be selected;
(3) Assurances that each STEM school will operate in compliance with this chapter and the provisions of the proposal as accepted by the committee and that the school will maintain the STEM education practices set forth in the proposal;
(4) Evidence that each school will exhibit school-wide cultural strategies reflecting innovation, an entrepreneurial spirit, inquiry, and collaboration with individual accountability;
(5) Evidence that each school will offer a rigorous, diverse, integrated, and problem- or project-based curriculum to all students enrolled in the school, with the goal to prepare all students for post-high school learning experiences, the workforce, and citizenship, and that does all of the following:
(a) Emphasizes and supports the role of science, technology, engineering, and mathematics in promoting innovation and economic progress;
(b) Emphasizes the use of design thinking as a school-wide approach;
(c) Provides opportunities for students to engage in personalized learning;
(d) Includes the arts and humanities. If the proposal is for a STEAM school, it also shall include evidence that the curriculum will integrate arts and design into the study of science, technology, engineering, and mathematics to foster creative thinking, problem-solving, and new approaches to scientific invention.
(6) Evidence that school leadership supports the curriculum principles of division (C)(5) of this section;
(7) A description of how each school's curriculum was developed using the curriculum principles described in division (C)(5) of this section and approved by a team in accordance with section 3326.09 of the Revised Code;
(8) Evidence that each school will participate in regular STEM-focused professional development and share knowledge of best practices;
(9) Evidence that each school has established partnerships with institutions of higher education and businesses. If the proposal is for a STEAM school, it also shall include evidence of established partnerships with one or more arts organizations.
(10) Assurances that each school has received commitments of sustained and verifiable fiscal and in-kind support from regional education and business entities. If the proposal is for a STEAM school, it also shall include assurances that the school has received commitments of sustained and verifiable fiscal and in-kind support from arts organizations.
(11) A description of how each school's assets will be distributed if the school closes for any reason.
(D) A STEM school that is designated under this section may submit an amended proposal to the STEM committee at any time to offer additional grade levels. Upon approval of the amended proposal by the committee, those grades may be offered by the school.
(E)(1) If a school is designated as a STEM school under this section, it shall maintain that designation for five years unless the STEM committee revokes its designation during that five-year period under division (F) of this section. At the end of that five-year period, the school shall reapply to the STEM committee in order to maintain that designation. The committee shall authorize the continuation of the school's STEM designation if the committee finds that the school is in compliance with this chapter and the provisions of its proposal and any subsequent amendments to that proposal.
If a school chooses not to reapply for designation as a STEM school under division (E)(1) of this section, the committee shall revoke the school's designation at the end of its five-year designation period.
(2) If a school reapplies for its designation as a STEM school under division (E)(1) of this section and the committee has reason to believe that it is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, the committee shall require the school, in collaboration with the department of education and workforce and the Ohio STEM learning network or its successor, to develop a corrective action plan. The school shall implement the corrective action plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the school fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the school's designation.
(3) The department shall maintain records of the application status and designation renewal deadlines for each school that has been designated as a STEM school under this section.
(F) If the STEM committee has reason to believe that a school that is designated as a STEM school under this section is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, it may review the school's designation prior to the end of its five-year designation period. If the committee reviews a school's designation under this division, it must require the school to develop a corrective action plan in the same manner as specified in division (E)(2) of this section and implement that plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the school fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the school's designation.
(G) If a STEM school wishes to become a STEAM school, it may change its existing proposal to include the items required under divisions (C)(5)(d), (C)(9), and (C)(10) of this section and submit the revised proposal to the STEM committee for approval.
(H)
Notwithstanding division (B)(1) of this section, on and after
the
effective date of this amendment
September
30, 2021,
a school operated by a joint vocational school district that was
designated as a STEM school prior to that date may maintain that
designation provided the school continues to comply with this chapter
and all provisions of its proposal and any subsequent amendments to
that proposal. However, nothing shall prohibit that school from
electing to apply for a designation of STEM school equivalent or
distinction as a STEM program of excellence under section 3326.032 or
3326.04 of the Revised Code, respectively.
Sec. 3326.032. (A) The STEM committee may grant a designation of STEM school equivalent to any of the following schools:
(1) A school operated by a joint vocational school district;
(2) A school offering career-technical education programs that is operated by a school district that is a comprehensive career-technical education provider;
(3) A school offering career-technical education programs that is operated by a school district that is a participant in a compact career-technical education provider;
(4) A community school established under Chapter 3314. of the Revised Code;
(5) A chartered nonpublic school.
In order to be eligible for this designation, a school shall submit a proposal that satisfies the requirements of this section.
The committee shall determine the criteria for proposals, establish procedures for the submission of proposals, accept and evaluate proposals, and choose which proposals warrant a school to be designated as a STEM school equivalent.
(B) A proposal for designation as a STEM school equivalent shall include at least the following:
(1) A statement of which of grades kindergarten through twelve will be offered by the school;
(2) Assurances that the school will operate in compliance with this section and the provisions of the proposal as accepted by the committee and that the school will maintain the STEM education practices set forth in the proposal;
(3) Evidence that the school will exhibit school-wide cultural strategies reflecting innovation, an entrepreneurial spirit, inquiry, and collaboration with individual accountability;
(4) Evidence that the school will offer a rigorous, diverse, integrated, and problem- or project-based curriculum to all students enrolled in the school, with the goal to prepare all students for post-secondary learning experiences, the workforce, and citizenship, and that does all of the following:
(a) Emphasizes and supports the role of science, technology, engineering, and mathematics in promoting innovation and economic progress;
(b) Emphasizes the use of design thinking as a school-wide approach;
(c) Provides opportunities for students to engage in personalized learning;
(d) Includes the arts and humanities. If the proposal is for a STEAM school equivalent, it also shall include evidence that the curriculum will integrate arts and design into the study of science, technology, engineering, and mathematics to foster creative thinking, problem-solving, and new approaches to scientific invention.
(5) Evidence that the school leadership supports the curriculum principles of division (B)(4) of this section;
(6) A description of how the school's curriculum was developed using the principles of division (B)(4) of this section and approved by a team in accordance with section 3326.09 of the Revised Code;
(7) Evidence that the school will participate in regular professional development and share knowledge of best practices;
(8) Evidence that the school has established partnerships with institutions of higher education and businesses. If the proposal is for a STEAM school equivalent, it also shall include evidence of established partnerships with one or more arts organizations.
(9) Assurances that the school has received commitments of sustained and verifiable fiscal and in-kind support from regional education and business entities. If the proposal is for a STEAM school equivalent, it also shall include assurances that the school has received commitments of sustained and verifiable fiscal and in-kind support from arts organizations.
(C)(1) If a school is designated as a STEM school equivalent under this section, it shall maintain that designation for five years unless the STEM committee revokes its designation during that five-year period under division (D) of this section. At the end of that five-year period, the school shall reapply to the STEM committee in order to maintain that designation. The committee shall authorize the continuation of the school's designation as a STEM school equivalent if the committee finds that the school is in compliance with this chapter and the provisions of its proposal and any subsequent amendments to that proposal.
If a school chooses not to reapply for designation as a STEM school equivalent under division (C)(1) of this section, the committee shall revoke the school's designation at the end of its five-year designation period.
(2) If a school reapplies for its designation as a STEM school equivalent under division (C)(1) of this section and the committee has reason to believe that it is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, the committee shall require the school, in collaboration with the department of education and workforce and the Ohio STEM learning network or its successor, to develop a corrective action plan. The school shall implement the corrective action plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the school fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the school's designation.
(3) The department shall maintain records of the application status and designation renewal deadlines for each school that has been designated as a STEM school equivalent under this section.
(D) If the STEM committee has reason to believe that a school that is designated as a STEM school equivalent under this section is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, it may review the school's designation prior to the end of its five-year designation period. If the committee reviews a school's designation under this division, it must require the school to develop a corrective action plan in the same manner as specified in division (C)(2) of this section and implement that plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the school fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the school's designation.
(E) A school that is designated as a STEM school equivalent under this section shall not be subject to the requirements of Chapter 3326. of the Revised Code, except that the school shall be subject to the requirements of this section and to the curriculum requirements of section 3326.09 of the Revised Code.
Nothing in this section, however, shall relieve a community school of the applicable requirements of Chapter 3314. of the Revised Code. Nor shall anything in this section relieve a school operated by a joint vocational school district, a school operated by a comprehensive career-technical education provider, a school operated by a compact career-technical education provider, or a chartered nonpublic school of any provisions of law outside of this chapter that are applicable to such schools.
(2) A school that is designated as a STEM school equivalent under this section shall not be eligible for operating funding under sections 3326.31 to 3326.37, 3326.39 to 3326.40, and 3326.51 of the Revised Code.
(3) A school that is designated as a STEM school equivalent under this section may apply for any of the grants and additional funds described in section 3326.38 of the Revised Code for which the school is eligible.
(F) If a school that is designated as a STEM school equivalent under this section intends to close or intends to no longer be designated as a STEM school equivalent, it shall notify the STEM committee of that fact.
(G) If a school that is designated as a STEM school equivalent wishes to be designated as a STEAM school equivalent, it may change its existing proposal to include the items required under divisions (B)(4)(d), (B)(8), and (B)(9) of this section and submit the revised proposal to the STEM committee for approval.
Sec. 3326.04. (A) The STEM committee shall grant distinctions as STEM programs of excellence to STEM programs operated by joint vocational school districts, comprehensive career-technical education providers, compact career-technical education providers, and educational service centers in accordance with this section.
(B) A joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center may submit a proposal to the STEM committee seeking distinction as a STEM program of excellence. The proposal shall demonstrate to the satisfaction of the STEM committee that the program meets at least the following standards:
(1) Unless the program is designed to serve only students identified as gifted under Chapter 3324. of the Revised Code, the program will serve all students enrolled in the grades for which the program is designed.
(2) The program will provide students with the opportunity to innovate, develop an entrepreneurial spirit, engage in inquiry, and collaborate with individual accountability.
(3) The program will offer a rigorous, diverse, integrated, and problem- or project-based curriculum to students, with the goal to prepare students for post-secondary learning experiences, the workforce, and citizenship, and that does all of the following:
(a) Emphasizes and supports the role of science, technology, engineering, and mathematics in promoting innovation and economic progress;
(b) Emphasizes the use of design thinking as a school-wide approach;
(c) Provides opportunities for students to engage in personalized learning;
(d) Includes the arts and humanities. If the proposal is for distinction as a STEAM program of excellence, it also shall include evidence that the curriculum will integrate arts and design into the study of science, technology, engineering, and mathematics to foster creative thinking, problem-solving, and new approaches to scientific invention.
(4) The district, provider, or service center leadership supports the curriculum principles of division (B)(3) of this section.
(5) The program's leaders participate in regular STEM-focused professional development and share knowledge of best practices.
(6) The program has established partnerships with institutions of higher education and businesses. If the proposal is for distinction as a STEAM program of excellence, it also shall include evidence of established partnerships with one or more arts organizations.
(7) The program has received commitments of sustained and verifiable fiscal and in-kind support from regional education and business entities. If the proposal is for distinction as a STEAM program of excellence, the program also has received commitments of sustained and verifiable fiscal and in-kind support from arts organizations;
(8) The program's curriculum was developed using the principles described in division (B)(3) of this section and approved by a team in accordance with section 3326.09 of the Revised Code.
(C)(1) If a joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center receives a distinction as a STEM program of excellence under this section, it shall maintain that distinction for five years unless the STEM committee revokes the distinction during that five-year period under division (E) of this section. At the end of that five-year period, the district, provider, or service center shall reapply to the STEM committee in order to maintain that distinction. The committee shall authorize the continuation of the district's, provider's, or service center's distinction as a STEM program of excellence if the committee finds that the district, provider, or service center is in compliance with this chapter and the provisions of its proposal and any subsequent amendments to that proposal.
If a joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center chooses not to reapply for a distinction for a STEM program of excellence under division (C)(1) of this section, the committee shall revoke the district's, provider's, or service center's distinction at the end of its five-year period of distinction.
(2) If a joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center reapplies for distinction as a STEM program of excellence under division (C)(1) of this section and the committee has reason to believe that it is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, the committee shall require the district, provider, or service center, in collaboration with the department of education and workforce and the Ohio STEM learning network or its successor, to develop a corrective action plan. The district, provider, or service center shall implement the corrective action plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the district, provider, or service center fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the district's, provider's, or service center's distinction.
(3) The department shall maintain records of the application status and designation renewal deadlines for each joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center that has received a distinction as a STEM program of excellence under this section.
(D) If the STEM committee has reason to believe that a joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center that has received a distinction as a STEM program of excellence under this section is not in compliance with this chapter or the provisions of its proposal and any subsequent amendments to that proposal, it may review the district's, provider's, or service center's distinction prior to the end of the five-year period during which that distinction is effective. If the committee reviews a district's, provider's, or service center's distinction under this division, it must require the district, provider, or service center to develop a corrective action plan in the same manner as specified in division (C)(2) of this section and implement that plan and demonstrate exemplary STEM pedagogy and practices within one year of the plan's development. If the district, provider, or service center fails to implement the corrective action plan to the satisfaction of the committee at the end of that year, the committee shall revoke the district's, provider's, or service center's distinction.
(E) If a joint vocational school district, comprehensive career-technical education provider, compact career-technical education provider, or educational service center that has received distinction for a STEM program of excellence instead wishes to receive a distinction for a STEAM program of excellence, it may change its existing proposal to include the items required under divisions (B)(3)(d), (B)(6), and (B)(7) of this section and submit the revised proposal to the STEM committee for approval.
Sec. 3326.08. (A) The governing body of each science, technology, engineering, and mathematics school shall engage the services of administrative officers, teachers, and nonteaching employees of the STEM school necessary for the school to carry out its mission and shall oversee the operations of the school. The governing body of each STEM school shall engage the services of a chief administrative officer to serve as the school's instructional and administrative leader. The chief administrative officer shall be granted the authority to oversee the recruitment, retention, and employment of teachers and nonteaching employees.
(B) The department of education and workforce shall monitor the oversight of each STEM school exercised by the school's governing body and shall monitor the school's compliance with this chapter and with the proposal for the establishment of the school as it was approved by the STEM committee under section 3326.03 of the Revised Code. Except in the case of a STEM school that is governed and controlled by a school district in accordance with section 3326.51 of the Revised Code, if the department finds that the school is not in compliance with this chapter or with the proposal and the STEM committee has revoked the school's STEM designation under division (E)(1) or (2) or (F) of section 3326.03 of the Revised Code, the department shall consult with the STEM committee, and the committee shall order the school to close on the last day of the school year in which the committee issues its order.
(C) The governing body of each STEM school shall comply with sections 121.22 and 149.43 of the Revised Code.
Sec. 3326.081. (A) As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a science, technology, engineering, and mathematics school established under this chapter is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 of the Revised Code, if the person holds a license, or an offense listed in division (B)(1) of section 3319.39 of the Revised Code, if the person does not hold a license, the chief administrative officer of the school shall suspend that person from all duties that require the care, custody, or control of a child during the pendency of the criminal action against the person. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is the chief administrative officer of the school, the governing body of the school shall suspend the chief administrative officer from all duties that require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in accordance with this section, the chief administrative officer or governing body that imposed the suspension promptly shall report the person's suspension to the department of education and workforce and to the state board of education. The report shall include the offense for which the person was arrested, summoned, or indicted.
Sec.
3326.15. Each
science, technology, engineering, and mathematics school and its
governing body shall comply with sections 3313.603 and 3313.6027 of
the Revised Code as if it were a school district. However, a STEM
school may permit a student to earn units of high school credit based
on a demonstration of subject area competency instead of or in
combination with completing hours of classroom instruction prior to
the adoption by the state
board department
of
education
and
workforce
of
the plan for granting high school credit based on competency, as
required by division (J) of that section. Upon adoption of the plan,
each STEM school shall comply with that plan and award units of high
school credit in accordance with the plan.
Sec. 3326.17. (A) The department of education and workforce shall issue an annual report card for each science, technology, engineering, and mathematics school that includes all information applicable to school buildings under section 3302.03 of the Revised Code.
(B) Beginning with the report cards issued for the 2020-2021 school year, for each student enrolled in a STEM school that is not a STEM school governed by a STEM school sponsoring district, as defined in section 3326.51 of the Revised Code, the department shall combine data regarding the academic performance of that student with comparable data from the school district in which the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code for the purpose of calculating the performance of the district as a whole on the report card issued for the district under section 3302.03 of the Revised Code.
(C) The department also shall compute a rating for each group of STEM schools that is under the direction of the same governing body, as authorized under section 3326.031 of the Revised Code, and issue a distinct report card for the group as a whole.
(D)
Each STEM school and its governing body shall comply with sections
3302.04 and 3302.041 of the Revised Code, except that any action
required to be taken by a school district pursuant to those sections
shall be taken by the school. However,
the school shall not be required to take any action described in
division (F) of section 3302.04 of the Revised Code.
Sec. 3326.211. (A) If the auditor of state or a public accountant, pursuant to section 117.41 of the Revised Code, declares a science, technology, engineering, and mathematics school to be unauditable, the auditor of state shall provide written notification of that declaration to the school and the department of education and workforce. The auditor of state also shall post the notification on the auditor of state's web site.
(B)
If the STEM school's current treasurer held that position during the
period for which the school is unauditable, upon receipt of the
notification under division (A) of this section, the governing body
of the school shall suspend the treasurer until the auditor of state
or a public accountant has completed an audit of the school.
Suspension of the treasurer may be with or without pay, as determined
by the governing body based on the circumstances that prompted the
auditor of state's declaration. The governing body shall appoint a
person to assume the duties of the treasurer during the period of the
suspension. If the appointee is not licensed as a treasurer under
section 3301.074 of the Revised Code, the appointee shall be approved
by the superintendent
of public instruction director
of education and workforce before
assuming the duties of the treasurer. The state board of education
may take action under section 3319.31 of the Revised Code to suspend,
revoke, or limit the license of a treasurer who has been suspended
under this division.
(C) Not later than forty-five days after receiving the notification under division (A) of this section, the governing body of the STEM school shall provide a written response to the auditor of state. The response shall include the following:
(1) An overview of the process the governing body will use to review and understand the circumstances that led to the school becoming unauditable;
(2) A plan for providing the auditor of state with the documentation necessary to complete an audit of the school and for ensuring that all financial documents are available in the future;
(3) The actions the governing body will take to ensure that the plan described in division (C)(2) of this section is implemented.
(D) If the STEM school fails to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition within ninety days after being declared unauditable, the auditor of state, in addition to requesting legal action under sections 117.41 and 117.42 of the Revised Code, shall notify the school and the department of the school's failure. If the auditor of state or a public accountant subsequently is able to complete a financial audit of the school, the auditor of state shall notify the school and the department that the audit has been completed.
(E) Notwithstanding any provision to the contrary in this chapter or in any other provision of law, upon notification by the auditor of state under division (D) of this section that the STEM school has failed to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition, the department shall immediately cease all payments to the school under this chapter and any other provision of law. Upon subsequent notification from the auditor of state under that division that the auditor of state or a public accountant was able to complete a financial audit of the school, the department shall release all funds withheld from the school under this section.
Sec.
3326.23. This
section does not apply to any science, technology, engineering, and
mathematics school that is governed and controlled by a school
district in accordance with section 3326.51 of the Revised Code on or
after
the
effective date of this amendment
September
30, 2021.
The governing body of each science, technology, engineering, and mathematics school annually shall provide the following assurances in writing to the department of education and workforce not later than ten business days prior to the opening of the school:
(A) That the school has a plan for providing special education and related services to students with disabilities and has demonstrated the capacity to provide those services in accordance with Chapter 3323. of the Revised Code and federal law;
(B) That the school has a plan and procedures for administering the achievement and diagnostic assessments prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the Revised Code;
(C) That school personnel have the necessary training, knowledge, and resources to properly use and submit information to all databases maintained by the department for the collection of education data, including the education management information system established under section 3301.0714 of the Revised Code;
(D) That all required information about the school has been submitted to the Ohio education directory system or any successor system;
(E) That all classroom teachers are licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code or are engaged to teach pursuant to section 3319.301 of the Revised Code;
(F) That the school's treasurer is in compliance with section 3326.21 of the Revised Code;
(G) That the school has complied with sections 3319.39 and 3319.391 of the Revised Code with respect to all employees and that the school has conducted a criminal records check of each of its governing body members;
(H) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by section 3326.11 of the Revised Code;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(I) That the governing body has conducted a pre-opening site visit to the school for the school year for which the assurances are provided;
(J) That the school has designated a date it will open for the school year for which the assurances are provided;
(K) That the school has met all of the governing body's requirements for opening and any other requirements of the governing body.
Sec. 3326.28. (A) With the approval of its governing body, a STEM school established under this chapter may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A STEM school;
(b) A member of a STEM school governing body;
(c) A STEM school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine autoinjectors, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a STEM school or governing body, member of a STEM school governing body, STEM school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A STEM school may accept donations of epinephrine autoinjectors from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase epinephrine autoinjectors.
(D) A STEM school that elects to procure epinephrine autoinjectors under this section shall report to the department of education and workforce each procurement and occurrence in which an epinephrine autoinjector is used from the school's supply of epinephrine autoinjectors.
Sec. 3326.30. (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code.
(B) With the approval of its governing body, a STEM school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district.
(C) A STEM school, a member of a STEM school governing body, or a STEM school employee or contractor is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an inhaler under this section, unless the act or omission constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other immunity or defense that a STEM school or governing body, member of a STEM school governing body, or STEM school employee or contractor may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(D) A STEM school may accept donations of inhalers from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase inhalers.
(E) A STEM school that elects to procure inhalers under this section shall report to the department of education and workforce each procurement and occurrence in which an inhaler is used from the school's supply of inhalers.
Sec. 3326.32. Each science, technology, engineering, and mathematics school shall report to the department of education and workforce, in the form and manner required by the department, all of the following information:
(A) The total number of students enrolled in the school who are residents of this state;
(B) The number of students reported under division (A) of this section who are receiving special education and related services pursuant to an IEP;
(C) For each student reported under division (B) of this section, which category specified in divisions (A) to (F) of section 3317.013 of the Revised Code applies to the student;
(D) The full-time equivalent number of students reported under division (A) of this section who are enrolled in career-technical education programs or classes described in each of divisions (A)(1), (2), (3), (4), and (5) of section 3317.014 of the Revised Code that are provided by the STEM school;
(E) The number of students reported under division (A) of this section who are English learners and which category specified in divisions (A) to (C) of section 3317.016 of the Revised Code applies to each student;
(F) The number of students reported under division (A) of this section who are economically disadvantaged, as defined by the department. A student shall not be categorically excluded from the number reported under division (F) of this section based on anything other than family income.
(G) The resident district of each student reported under division (A) of this section;
(H) The total number of students enrolled in the school who are not residents of this state and any additional information regarding these students that the department requires the school to report. The school shall not receive any payments under this chapter for students reported under this division.
(I) Any additional information the department determines necessary to make payments under this chapter.
Sec.
3326.34. If
a science, technology, engineering, and mathematics school
established under this chapter incurs costs for a fiscal year for a
student receiving special education and related services pursuant to
an IEP for a disability described in divisions (B) to (F) of section
3317.013 of the Revised Code that exceed the threshold catastrophic
cost for serving the student as specified in division (B) of section
3317.0214 of the Revised Code, the STEM school may submit to the
superintendent
of public instruction department
of education and workforce documentation,
as prescribed by the superintendentdepartment,
of all its costs for that student. Upon submission of documentation
for a student of the type and in the manner prescribed, the
department of
education
shall
pay to the school or, if the school is part of a group of science,
technology, engineering, and mathematics schools under section
3326.031 of the Revised Code, to the governing body of that group an
amount equal to the school's costs for the student in excess of the
threshold catastrophic costs.
The school shall only report under this section, and the department shall only pay for, the costs of educational expenses and the related services provided to the student in accordance with the student's IEP. Any legal fees, court costs, or other costs associated with any cause of action relating to the student may not be included in the amount.
Sec. 3326.35. The department of education and workforce shall adjust the amounts paid under section 3317.022 of the Revised Code to reflect any enrollment of students in science, technology, engineering, and mathematics schools for less than the equivalent of a full school year.
Sec. 3326.36. The department of education and workforce shall reduce the amounts paid to a science, technology, engineering, and mathematics school or to the governing body of a group of science, technology, engineering, and mathematics schools under section 3317.022 of the Revised Code to reflect payments made to colleges under section 3365.07 of the Revised Code. A student shall be considered enrolled in the school for any portion of the school year the student is attending a college under Chapter 3365. of the Revised Code.
Sec. 3326.37. The department of education and workforce shall not pay to a science, technology, engineering, and mathematics school or to the governing body of a group of science, technology, engineering, or mathematics schools any amount for any of the following:
(A) Any student who has graduated from the twelfth grade of a public or nonpublic school;
(B) Any student who is not a resident of the state;
(C)
Any student who was enrolled in a STEM school during the previous
school year when assessments were administered under section
3301.0711 of the Revised Code but did not take one or more of the
assessments required by that section and was not excused pursuant to
division (C)(1) or (3) of that section, unless the superintendent
of public instruction director
of education and workforce grants
the student a waiver from the requirement to take the assessment. The
superintendent
director
may
grant a waiver only for good cause in accordance with rules adopted
by the
state
board of education
department.
(D) Any student who has attained the age of twenty-two years, except for veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for enrollment in a STEM school not later than four years after termination of war or their honorable discharge. If, however, any such veteran elects to enroll in special courses organized for veterans for whom tuition is paid under federal law, or otherwise, the department shall not pay to the school or to the governing body any amount for that veteran.
Sec. 3326.45. (A) The governing body of a science, technology, engineering, and mathematics school may contract with the governing board of an educational service center or the board of education of a joint vocational school district for the provision of services to the STEM school or to any student enrolled in the school. Services provided under the contract and the amount to be paid for those services shall be mutually agreed to by the parties to the contract, and shall be specified in the contract.
(B) A contract entered into under this section may require an educational service center to provide any one or a combination of the following services to a STEM school:
(1) Supervisory teachers;
(2) In-service and continuing education programs for personnel of the STEM school;
(3) Curriculum services as provided to the client school districts of the service center;
(4) Research and development programs;
(5) Academic instruction for which the service center governing board employs teachers;
(6) Assistance in the provision of special accommodations and classes for students with disabilities.
Services described in division (B) of this section shall be provided to the STEM school in the same manner they are provided to client school districts of the service center, unless otherwise specified in the contract. The contract shall specify whether the service center will receive a per-pupil payment from the department of education and workforce for the provision of these services and, if so, the amount of the per-pupil payment.
(C) For each contract entered into under this section, the department shall deduct the amount owed by the STEM school from the state funds due to the STEM school under this chapter and shall pay that amount to the educational service center or joint vocational school district that is party to the contract.
(D) No contract entered into under this section shall be valid unless a copy is filed with the department by the first day of the school year for which the contract is in effect.
(E) As used in this section, "client school district" means a city, exempted village, or local school district that has entered into an agreement under section 3313.843 or 3313.845 of the Revised Code to receive any services from an educational service center.
Sec. 3326.51. (A) As used in this section:
(1) "Resident district" has the same meaning as in section 3326.31 of the Revised Code.
(2) "STEM school sponsoring district" means a municipal, city, local, or exempted village school district that governs and controls a STEM school pursuant to this section.
(B) Notwithstanding any other provision of this chapter to the contrary:
(1) If a proposal for a STEM school submitted under section 3326.03 of the Revised Code proposes that the governing body of the school be the board of education of a municipal, city, local, or exempted village school district that is one of the partners submitting the proposal, and the STEM committee approves that proposal, that school district board shall govern and control the STEM school as one of the schools of its district.
(2) The STEM school sponsoring district shall maintain a separate accounting for the STEM school as a separate and distinct operational unit within the district's finances. The auditor of state, in the course of an annual or biennial audit of the school district serving as the STEM school sponsoring district, shall audit that school district for compliance with the financing requirements of this section.
(3) With respect to students enrolled in a STEM school whose resident district is the STEM school sponsoring district:
(a) The department of education and workforce shall make payments to the school in accordance with section 3317.022 of the Revised Code from the STEM school sponsoring district's state payments.
(b) The STEM school sponsoring district is responsible for providing children with disabilities with a free appropriate public education under Chapter 3323. of the Revised Code.
(c) The STEM school sponsoring district shall provide student transportation in accordance with laws and policies generally applicable to the district.
(4) With respect to students enrolled in the STEM school whose resident district is another school district, the department shall consider the students as open enrollment students and shall make payments to the school in accordance with section 3317.022 of the Revised Code.
(5) A STEM school sponsoring district and its board may assign its district employees to the STEM school, in which case section 3326.18 of the Revised Code shall not apply. The district and board may apply any other resources of the district to the STEM school in the same manner that it applies district resources to other district schools.
(6) Provisions of this chapter requiring a STEM school and its governing body to comply with specified laws as if it were a school district and in the same manner as a board of education shall instead require such compliance by the STEM school sponsoring district and its board of education, respectively, with respect to the STEM school. Where a STEM school or its governing body is required to perform a specific duty or permitted to take a specific action under this chapter, that duty is required to be performed or that action is permitted to be taken by the STEM school sponsoring district or its board of education, respectively, with respect to the STEM school.
(7) No provision of this chapter limits the authority, as provided otherwise by law, of a school district and its board of education to levy taxes and issue bonds secured by tax revenues.
(8) The treasurer of the STEM school sponsoring district or, if the STEM school sponsoring district is a municipal school district, the chief financial officer of the district, shall have all of the respective rights, authority, exemptions, and duties otherwise conferred upon the treasurer or chief financial officer by the Revised Code.
Sec. 3326.60. (A) With the approval of its governing body, a STEM school established under this chapter may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using injectable or nasally administered glucagon under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A STEM school;
(b) A member of a STEM school governing body;
(c) A STEM school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes injectable or nasally administered glucagon, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a STEM school or governing body, member of a STEM school governing body, STEM school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A STEM school may accept donations of injectable or nasally administered glucagon from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase the drug.
(D) A STEM school that elects to procure injectable or nasally administered glucagon under this section shall report to the department of education and workforce each procurement and each occurrence in which a dose of the drug is used from the school's supply.
Sec. 3327.01. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section and sections 3327.011, 3327.012, and 3327.02 of the Revised Code do not apply to any joint vocational or cooperative education school district.
In
all city, local, and exempted village school districts where resident
school pupils in grades kindergarten through eight live more than two
miles from the school for which the state
board director
of
education and
workforce prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code and to which they are assigned by the board of education
of the district of residence or to and from the nonpublic or
community school which they attend, the board of education shall
provide transportation for such pupils to and from that school except
as provided in section 3327.02 of the Revised Code.
In
all city, local, and exempted village school districts where pupil
transportation is required under a career-technical plan approved by
the state
board department
of
education
and
workforce
under
section 3313.90 of the Revised Code, for any student attending a
career-technical program operated by another school district,
including a joint vocational school district, as prescribed under
that section, the board of education of the student's district of
residence shall provide transportation from the public high school
operated by that district to which the student is assigned to the
career-technical program.
In
all city, local, and exempted village school districts, the board may
provide transportation for resident school pupils in grades nine
through twelve to and from the high school to which they are assigned
by the board of education of the district of residence or to and from
the nonpublic or community high school which they attend for which
the state
board director
of
education
and
workforce
prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code.
A board of education shall not be required to transport elementary or high school pupils to and from a nonpublic or community school where such transportation would require more than thirty minutes of direct travel time as measured by school bus from the public school building to which the pupils would be assigned if attending the public school designated by the district of residence.
Where it is impractical to transport a pupil by school conveyance, a board of education may offer payment, in lieu of providing such transportation in accordance with section 3327.02 of the Revised Code.
A board of education shall provide transportation to students enrolled in a community school or nonpublic school in accordance with this section on each day in which that school is open for operation with students in attendance, regardless of whether the district's own schools are open for operation with students in attendance on that day. However, a board of education shall not be required to transport elementary or high school pupils to and from a nonpublic or community school on Saturday or Sunday, unless a board of education and a nonpublic or community school have an agreement in place to do so before the first day of July of the school year in which the agreement takes effect.
In
all city, local, and exempted village school districts, the board
shall provide transportation for all children who are so disabled
that they are unable to walk to and from the school for which the
state
board director
of
education
and
workforce
prescribes
minimum standards pursuant to division (D) of section 3301.07 of the
Revised Code and which they attend. In case of dispute whether the
child is able to walk to and from the school, the health commissioner
shall be the judge of such ability. In all city, exempted village,
and local school districts, the board shall provide transportation to
and from school or special education classes for mentally disabled
children in accordance with standards adopted by the state
board department
of
education
and
workforce.
When transportation of pupils is provided the conveyance shall be run on a time schedule that shall be adopted and put in force by the board not later than ten days after the beginning of the school term. The operator of every school bus or motor van owned and operated by any school district or educational service center or privately owned and operated under contract with any school district or service center in this state shall deliver students enrolled in preschool through twelfth grades to their respective public and nonpublic schools not sooner than thirty minutes prior to the beginning of school and to be available to pick them up not later than thirty minutes after the close of their respective schools each day.
The
cost of any transportation service authorized by this section shall
be paid first out of federal funds, if any, available for the purpose
of pupil transportation, and secondly out of state appropriations, in
accordance with regulations adopted by the state
board of educationdepartment.
No transportation of any pupils shall be provided by any board of education to or from any school which in the selection of pupils, faculty members, or employees, practices discrimination against any person on the grounds of race, color, religion, or national origin.
Sec.
3327.011. In
determining how best to provide transportation, where persons or
firms on or after April 1, 1965, were providing transportation to and
from schools pursuant to contracts with persons or agencies
responsible for the operation of such schools, the board of education
responsible for transportation in accordance with section 3327.01 of
the Revised Code shall give preference if economically feasible
during the term of any such contract to the firm or person providing
such transportation. The boards of education within the county or
group of counties shall establish transportation routes, schedules,
and utilization of transportation equipment. The appeals from the
determination of the board of education responsible for
transportation shall be taken to the state
board department
of
education
and
workforce.
Sec.
3327.012. Payments
to school districts for transportation of school pupils shall be made
on a current basis according to an estimate which shall be filed with
the state
board department
of
education
and
workforce
by
respective school districts in accordance with rules which the state
board of education department
shall
promulgate. The sum due the respective school district as calculated
from approved cost in accordance with the rules of the board of
education shall be adjusted annually in the quarter next following
the end of the school year. The superintendent
of public instruction, subject to the approval of the state board of
education, department
may
contract with any firm, person, or board of education to provide
pupil transportation services authorized by this section. In no event
shall the payment for such contract service exceed the average
transportation cost per pupil, such average cost to be based on the
cost of transportation of children by all boards of education in Ohio
during the next preceding year.
Sec.
3327.018. The
board of education of each city, local, or exempted village school
district that owns and operates buses for transporting students may
contract, in writing, with a public or private not-for-profit agency,
group, or organization, with a municipal corporation or other
political subdivision or agency of the state, or with an agency of
the federal government to operate its buses to assist the agency,
group, organization, or political subdivision in the fulfillment of
its legitimate activities and in times of emergency. These contracts
shall be entered into under the authority of the school district as a
political subdivision and shall not be considered commerce. When
buses are made available to other agencies, groups, organizations, or
political subdivisions under this section, the buses must be operated
by individuals holding certificates issued by either the educational
service center governing board that has entered into an agreement
with the school district under section 3313.843 or 3313.845 of the
Revised Code or the superintendent of the school district certifying
that the individuals satisfy the requirements of section 3327.10 of
the Revised Code. All state
board department
of
education
and
workforce
regulations
governing the operation of school buses when transporting students
shall apply when buses are used in accordance with this section.
Any board of education of a city, local, or exempted village school district that makes one or more of its vehicles available under this section shall procure liability and property damage insurance, as provided in section 3327.09 of the Revised Code, covering all vehicles used and passengers transported under this section. The board of education may recover expenses from contracting entities, not to exceed the costs of operation and insurance coverage.
Sec. 3327.02. (A) After considering each of the following factors, the board of education of a city, exempted village, or local school district, or a community school governing authority providing transportation pursuant to section 3314.091 of the Revised Code, may determine that it is impractical to transport a pupil who is eligible for transportation to and from a school under section 3327.01 of the Revised Code:
(1) The time and distance required to provide the transportation;
(2) The number of pupils to be transported;
(3) The cost of providing transportation in terms of equipment, maintenance, personnel, and administration;
(4) Whether similar or equivalent service is provided to other pupils eligible for transportation;
(5) Whether and to what extent the additional service unavoidably disrupts current transportation schedules;
(6) Whether other reimbursable types of transportation are available.
(B) Based on its consideration of the factors established in division (A) of this section, the board or governing authority may pass a resolution declaring the impracticality of transportation. The resolution shall include each pupil's name and the reason for impracticality. Such determination shall be made not later than thirty calendar days prior to the district's or school's first day of instruction, or in the case of a student who enrolls within thirty calendar days prior to the first day of instruction or on or after the first day of instruction, not later than fourteen calendar days after the student's enrollment. The determination may be made by the superintendent and formalized at the next following meeting of the board or governing authority.
The
board or governing authority shall report its determination to the
state
board department
of
education
and
workforce
in
a manner determined by the
state
board
department.
In
addition, the board or governing authority shall issue a letter to
the pupil's parent, guardian, or other person in charge of the pupil,
the nonpublic or community school in which the pupil is enrolled, and
to the state
board department
with
a detailed description of the reasons for which such determination
was made.
(C) After passing the resolution declaring the impracticality of transportation, the district board or governing authority shall offer to provide payment in lieu of transportation by doing the following:
(1)
In accordance with guidelines established by the department
of
education,
informing the pupil's parent, guardian, or other person in charge of
the pupil of both of the following:
(a) The resolution;
(b) The right of the pupil's parent, guardian, or other person in charge of the pupil to accept the offer of payment in lieu of transportation or to reject the offer and instead request the department to initiate mediation procedures.
(2) Issuing the pupil's parent, guardian, or other person in charge of the pupil a contract or other form on which the parent, guardian, or other person in charge of the pupil is given the option to accept or reject the board's offer of payment in lieu of transportation.
(D)
If the parent, guardian, or other person in charge of the pupil
accepts the offer of payment in lieu of providing transportation, the
board or governing authority shall pay the parent, guardian, or other
person in charge of the pupil an amount that shall be not less than
fifty per cent, and not more than the amount determined by the
department
of
education
as
the average cost of pupil transportation for the previous school
year. Payment may be prorated if the time period involved is only a
part of the school year.
(E)(1)(a) Upon the request of a parent, guardian, or other person in charge of the pupil who rejected the payment in lieu of transportation, the department shall conduct mediation procedures. A parent, guardian, or other person in charge of the pupil may authorize the nonpublic or community school in which the pupil is enrolled to act on the parent's, guardian's, or other person's behalf during the mediation proceedings.
(b)
If the mediation does not resolve the dispute, the state
board department
shall
conduct a hearing in accordance with Chapter 119. of the Revised
Code. The state
board department
may
approve the payment in lieu of transportation or may order the
district board of education or governing authority to provide
transportation. The decision of the state
board department
is
binding in subsequent years and on future parties in interest
provided the facts of the determination remain comparable.
(2) The school district or governing authority shall provide transportation for the pupil from the time the parent, guardian, or other person in charge of the pupil requests mediation until the matter is resolved under division (E)(1)(a) or (b) of this section.
(F)(1)
If the department determines that a school district board or
governing authority has failed or is failing to provide
transportation as required by division (E)(2) of this section or as
ordered by the state
board department
under
division (E)(1)(b) of this section, the department shall order the
school district board or governing authority to pay to the pupil's
parent, guardian, or other person in charge of the pupil, an amount
equal to fifty per cent of the cost of providing transportation as
determined by the board or governing authority under division (A)(3)
of this section, and not more than two thousand five hundred dollars.
The school district board or governing authority shall make payments
on a schedule ordered by the department.
(2) If the department subsequently finds that a school district board is not in compliance with an order issued under division (F)(1) of this section and the affected pupils are enrolled in a nonpublic or community school, the department shall deduct the amount that the board is required to pay under that order from any pupil transportation payments the department makes to the school district board under section 3317.0212 of the Revised Code or other provisions of law. The department shall use the moneys so deducted to make payments to the nonpublic or community school attended by the pupil. The department shall continue to make the deductions and payments required under this division until the school district board either complies with the department's order issued under division (F)(1) of this section or begins providing transportation.
(G) A nonpublic or community school that receives payments from the department under division (F)(2) of this section shall do either of the following:
(1) Disburse the entire amount of the payments to the parent, guardian, or other person in charge of the pupil affected by the failure of the school district of residence to provide transportation;
(2) Use the entire amount of the payments to provide acceptable transportation for the affected pupil.
(H) At any time after a parent, guardian, or other person in charge of a pupil requests transportation for a pupil, that parent, guardian, or other person may authorize the nonpublic or community school in which the pupil is enrolled to act on the parent's, guardian's, or other person's behalf for purposes of this section.
Sec. 3327.021. The department of education and workforce shall monitor each city, local, or exempted village school district's compliance with sections 3327.01 and 3327.016 and division (B) of section 3327.017 of the Revised Code. If the department determines a consistent or prolonged period of noncompliance on the part of the school district to provide transportation as required under those sections, the department shall deduct from the district's payment for student transportation under Chapter 3317. of the Revised Code the total daily amount of that payment, as computed by the department, for each day that the district is not in compliance.
This section does not affect the authority of a school district to provide payment in lieu of transportation in accordance with section 3327.02 of the Revised Code.
Sec.
3327.05. (A)
Except as provided in division (B) of this section, no board of
education of any school district shall provide transportation for any
pupil who is a school resident of another school district unless the
pupil is enrolled pursuant to section 3313.98 of the Revised Code or
the board of the other district has given its written consent
thereto. If the board of any school district files with the state
board department
of
education
and
workforce
a
written complaint that transportation for resident pupils is being
provided by the board of another school district contrary to this
division, the state
board of education department
shall
make an investigation of such complaint. If the state
board of education department
finds
that transportation is being provided contrary to this section, it
may withdraw from state funds due the offending district any part of
the amount that has been approved for transportation pursuant to
section 3317.0212 of the Revised Code or other provisions of law.
(B) Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this division does not apply to any joint vocational or cooperative education school district.
A board of education may provide transportation to and from the nonpublic school of attendance if both of the following apply:
(1) The parent, guardian, or other person in charge of the pupil agrees to pay the board for all costs incurred in providing the transportation that are not reimbursed pursuant to Chapter 3317. of the Revised Code;
(2) The pupil's school district of residence does not provide transportation for public school pupils of the same grade as the pupil being transported under this division, or that district is not required under section 3327.01 of the Revised Code to transport the pupil to and from the nonpublic school because the direct travel time to the nonpublic school is more than thirty minutes.
Upon
receipt of the request to provide transportation, the board shall
review the request and determine whether the board will accommodate
the request. If the board agrees to transport the pupil, the board
may transport the pupil to and from the nonpublic school and a
collection point in the district, as determined by the board. If the
board transports the pupil, the board may include the pupil in the
district's enrollment reported to the department
of
education
for
purposes of calculating the district's transportation ADM under
section 3317.03 of the Revised Code and, accordingly, may receive a
state payment under section 3317.0212 of the Revised Code or other
provisions of law for transporting the pupil.
If the board declines to transport the pupil, the board, in a written communication to the parent, guardian, or other person in charge of the pupil, shall state the reasons for declining the request.
Sec.
3327.08. Boards
of education of city school districts, local school districts,
exempted village school districts, cooperative education school
districts, and joint vocational school districts and governing boards
of educational service centers may purchase on individual contract
school buses and other equipment used in transporting children to and
from school and to other functions as authorized by the boards, or
the boards, at their discretion, may purchase the buses and equipment
through any system of centralized purchasing established by the state
department
of education
and
workforce
for
that purpose, provided that state subsidy payments shall be based on
the amount of the lowest price available to the boards by either
method of purchase. No board shall be deprived of any form of state
assistance in the purchase of buses and equipment by reason of
purchases of buses and equipment on an individual contract.
The purchase of school buses shall be made only after competitive bidding in accordance with section 3313.46 of the Revised Code. All bids shall state that the buses, prior to delivery, will comply with the safety rules of the department of public safety adopted pursuant to section 4511.76 of the Revised Code and all other pertinent provisions of law.
At no time shall bid bonds be required for the purchase of school buses, unless the district board or educational service center governing board requests that bid bonds be part of the competitive bidding process for a specified purchase.
Sec.
3327.10. (A)
No person shall be employed as driver of a school bus or motor van,
owned and operated by any school district or educational service
center or privately owned and operated under contract with any school
district or service center in this state, who has not received a
certificate from either the educational service center governing
board that has entered into an agreement with the school district
under section 3313.843 or 3313.845 of the Revised Code or the
superintendent of the school district, certifying that such person is
at least eighteen years of age and is qualified physically and
otherwise for such position. The service center governing board or
the superintendent, as the case may be, shall provide for an annual
physical examination that conforms with rules adopted by the state
board department
of
education
and
workforce
of
each driver to ascertain the driver's physical fitness for such
employment. The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(1) of this section, or upon a conviction or a guilty plea for a violation, or any other action, that results in a loss or suspension of driving rights. Failure to comply with such division may be cause for disciplinary action or termination of employment under division (C) of section 3319.081, or section 124.34 of the Revised Code.
(B)
No person shall be employed as driver of a school bus or motor van
not subject to the rules of the department
of
education
pursuant
to division (A) of this section who has not received a certificate
from the school administrator or contractor certifying that such
person is at least eighteen years of age and is qualified physically
and otherwise for such position. Each driver shall have an annual
physical examination which conforms to the state highway patrol
rules, ascertaining the driver's physical fitness for such
employment. The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any written documentation of the physical examination shall be completed by the individual who performed the examination.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must give satisfactory and sufficient bond except a driver who is an employee of a school district and who drives a bus or motor van owned by the school district.
(D) No person employed as driver of a school bus or motor van under this section who is convicted of a traffic violation or who has had the person's commercial driver's license suspended shall drive a school bus or motor van until the person has filed a written notice of the conviction or suspension, as follows:
(1) If the person is employed under division (A) of this section, the person shall file the notice with the superintendent, or a person designated by the superintendent, of the school district for which the person drives a school bus or motor van as an employee or drives a privately owned and operated school bus or motor van under contract.
(2) If employed under division (B) of this section, the person shall file the notice with the employing school administrator or contractor, or a person designated by the administrator or contractor.
(E) In addition to resulting in possible revocation of a certificate as authorized by divisions (A) and (B) of this section, violation of division (D) of this section is a minor misdemeanor.
(F)(1) Not later than thirty days after June 30, 2007, each owner of a school bus or motor van shall obtain the complete driving record for each person who is currently employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for the first time before the owner has obtained the person's complete driving record. Thereafter, the owner of a school bus or motor van shall obtain the person's driving record not less frequently than semiannually if the person remains employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to resume operating a school bus or motor van, after an interruption of one year or longer, before the owner has obtained the person's complete driving record.
(2) The owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for ten years after the date on which the person pleads guilty to or is convicted of a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance.
(3)
An owner of a school bus or motor van shall not permit any person to
operate such a vehicle unless the person meets all other requirements
contained in rules adopted by the state
board of education department
prescribing
qualifications of drivers of school buses and other student
transportation.
(G) No superintendent of a school district, educational service center, community school, or public or private employer shall permit the operation of a vehicle used for pupil transportation within this state by an individual unless both of the following apply:
(1)
Information pertaining to that driver has been submitted to the
department
of
education,
pursuant to procedures adopted by that department. Information to be
reported shall include the name of the employer or school district,
name of the driver, driver license number, date of birth, date of
hire, status of physical evaluation, and status of training.
(2) The most recent criminal records check required by division (J) of this section has been completed and received by the superintendent or public or private employer.
(H)
A person, school district, educational service center, community
school, nonpublic school, or other public or nonpublic entity that
owns a school bus or motor van, or that contracts with another entity
to operate a school bus or motor van, may impose more stringent
restrictions on drivers than those prescribed in this section, in any
other section of the Revised Code, and in rules adopted by the
state
board
department.
(I) For qualified drivers who, on July 1, 2007, are employed by the owner of a school bus or motor van to drive the school bus or motor van, any instance in which the driver was convicted of or pleaded guilty to a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance prior to two years prior to July 1, 2007, shall not be considered a disqualifying event with respect to division (F) of this section.
(J)(1) This division applies to persons hired by a school district, educational service center, community school, chartered nonpublic school, or science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code to operate a vehicle used for pupil transportation.
For
each person to whom this division applies who is hired on or after
November 14, 2007, the employer shall request a criminal records
check in accordance with section 3319.39 of the Revised Code and
every six years thereafter. For each person to whom this division
applies who is hired prior to that date, the employer shall request a
criminal records check by a date prescribed by the department
of
education
and
every six years thereafter.
(2) This division applies to persons hired by a public or private employer not described in division (J)(1) of this section to operate a vehicle used for pupil transportation.
For each person to whom this division applies who is hired on or after November 14, 2007, the employer shall request a criminal records check prior to the person's hiring and every six years thereafter. For each person to whom this division applies who is hired prior to that date, the employer shall request a criminal records check by a date prescribed by the department and every six years thereafter.
(3) Each request for a criminal records check under division (J) of this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under division (J) of this section.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
Upon receipt of a request, the superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(K)(1) Until the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense described in division (B)(1) of section 3319.39 of the Revised Code shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed for nonlicensed school personnel by rule 3301-20-03 of the Ohio Administrative Code.
(2) Beginning on the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense that, under the rule, disqualifies a person for employment to operate a vehicle used for pupil transportation shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed by the rule.
Sec. 3327.101. Notwithstanding anything to the contrary in this chapter or Chapter 3301-83 of the Administrative Code, the department of education and workforce shall develop an online bus driver training program to satisfy the classroom portion of pre-service and annual in-service training for school bus driver certification. On-the-bus training for drivers shall continue to be completed in person.
Sec.
3327.13. The
board of education of a school district that owns and operates busses
for transporting pupils to and from school may contract with a
nonpublic school located within the district to make available to the
nonpublic school under a lease agreement, one or more of the
district's busses to be used by the nonpublic school for transporting
nonpublic school pupils to and from a school related activity that
would be an approved school related activity if it were being offered
by a public school within the district to public school pupils. All
state
board department
of
education
and
workforce
regulations
governing the use of such busses by public schools while transporting
pupils to and from school related activities shall be applicable to
their use by the nonpublic school.
The cost to the nonpublic school of leasing such busses shall not exceed the costs of operating such busses, as determined by the board of education of the school district. The charge to be made to the nonpublic school for the use of the busses shall be specified in the contract entered into pursuant to this section.
Sec. 3327.14. The board of education of any school district that owns and operates buses for transporting pupils may contract under a lease agreement with a municipal corporation or a public or nonprofit private agency or organization delivering services to the aged, to make available one or more of the district's buses or other vehicles to be used for transporting persons sixty years of age or older. The board of education of any school district may also contract under a similar agreement with any group, organization or other entity engaged in adult education activities.
The cost to the lessee of leasing such buses or other vehicles shall not exceed the costs of operating such buses or other vehicles as determined by the board of education of the school district. The charge to the lessee for the use of the buses or other vehicles, which may include the cost of providing an operator holding a certificate pursuant to section 3327.10 of the Revised Code, insurance coverage, and other direct and indirect costs to the school district shall be specified in the contract entered into pursuant to this section.
All
state
board department
of
education
and
workforce
regulations
governing the use of such buses or other vehicles by public schools
while transporting pupils to and from school related activities apply
to the extent applicable to their use under this section.
Any board of education making available one or more of its buses or other vehicles under this section shall procure liability and property damage insurance, as provided in section 3327.09 of the Revised Code, covering each bus or vehicle used and each passenger transported under the leasing agreement.
Sec. 3327.16. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district or its superintendent.
(A) The superintendent of each school district may establish a volunteer bus rider assistance program, under which qualified adults or responsible older pupils, as determined by the superintendent, may be authorized to ride on school buses with pupils during such periods of time that the buses are being used to transport pupils to and from schools. Volunteers shall not be compensated for their services, but older pupils may be excused early from school to participate in the program.
Volunteers may be assigned duties or responsibilities by the superintendent, including but not limited to, assisting younger pupils in embarking and disembarking from buses and in crossing streets where necessary to ensure the safety of the pupil, aiding the driver of the bus to maintain order on buses, assisting pupils with disabilities, and such other activities as the superintendent determines will aid in the safe and efficient transportation of pupils.
Volunteers serving under this section are not employees for purposes of Chapter 4117. or 4123. of the Revised Code. Nothing in this section shall authorize a board of education to adversely affect the employment of any employee of the board.
(B) The board of education of each city, local, or exempted village school district shall present a program to all pupils in kindergarten through third grade who are offered school bus transportation and who have not previously attended such program. The program shall consist of instruction in bus rider behavior, school bus safety, and the potential problems and hazards associated with school bus ridership. The department of education and workforce shall prescribe the content and length of such program, which shall be presented within two weeks after the commencement of classes each school year.
Sec. 3328.01. As used in this chapter:
(A) "Board of trustees" means the board of trustees established for a college-preparatory boarding school in accordance with section 3328.15 of the Revised Code.
(B) "Child with a disability," "IEP," and "school district of residence" have the same meanings as in section 3323.01 of the Revised Code.
(C)
"Eligible student" means a student who is entitled to
attend school in a participating school district; is at risk of
academic failure; is from a family whose income is below two hundred
per cent of the federal poverty guidelines, as defined in section
5101.46 of the Revised Code; meets any additional criteria prescribed
by agreement between the state
board department
of
education
and
workforce
and
the operator of the college-preparatory boarding school in which the
student seeks enrollment; and meets at least two of the following
additional conditions:
(1) The student has a record of in-school disciplinary actions, suspensions, expulsions, or truancy.
(2) The student has not attained at least a proficient score on the state achievement assessments in English language arts, reading, or mathematics prescribed under section 3301.0710 of the Revised Code, after those assessments have been administered to the student at least once, or the student has not attained at least a score designated by the board of trustees of the college-preparatory boarding school in which the student seeks enrollment under this chapter on an end-of-course examination in English language arts or mathematics prescribed under section 3301.0712 of the Revised Code.
(3) The student is a child with a disability.
(4) The student has been referred for academic intervention services.
(5) The student's head of household is a single parent. As used in this division and in division (C)(6) of this section, "head of household" means a person who occupies the same household as the student and who is financially responsible for the student.
(6) The student's head of household is not the student's custodial parent.
(7) A member of the student's family has been imprisoned, as defined in section 1.05 of the Revised Code.
(D) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(E) "Formula ADM," "category one through six special education ADM," and "state education aid" have the same meanings as in section 3317.02 of the Revised Code.
(F) "Operator" means the operator of a college-preparatory boarding school selected under section 3328.11 of the Revised Code.
(G) "Participating school district" means either of the following:
(1) The school district in which a college-preparatory boarding school established under this chapter is located;
(2)
A school district other than one described in division (G)(1) of this
section that, pursuant to procedures adopted by the state
board of education department
under
section 3328.04 of the Revised Code, agrees to be a participating
school district so that eligible students entitled to attend school
in that district may enroll in a college-preparatory boarding school
established under this chapter.
Sec. 3328.02. (A) Each college-preparatory boarding school established under this chapter is a public school and is part of the state's program of education.
(B) Acting through its board of trustees, the school may sue and be sued, acquire facilities as needed, contract for any services necessary for the operation of the school, and enter into contracts with the department of education and workforce pursuant to this chapter. The board of trustees may carry out any act and ensure the performance of any function that is in compliance with the Ohio Constitution, this chapter, other statutes applicable to college-preparatory boarding schools, and the contract entered into under this chapter establishing the school.
(C) Each college-preparatory boarding school shall be established as a public benefit corporation under Chapter 1702. of the Revised Code.
Sec.
3328.04. The
city, exempted village, or local school district in which a
college-preparatory boarding school established under this chapter is
located is a participating school district under this chapter. Any
other city, exempted village, or local school district may agree to
be a participating school district. The state
board department
of
education
and
workforce
shall
adopt procedures for districts to agree to be participating school
districts.
Sec.
3328.11. (A)
In accordance with the procedures prescribed in division (B) of this
section, the state
board department
of
education
and
workforce
shall
select a private nonprofit corporation that meets the following
qualifications to operate each college-preparatory boarding school
established under this chapter:
(1) The corporation has experience operating a school or program similar to the schools authorized under this chapter.
(2)
The school or program described in division (A)(1) of this section
has demonstrated to the satisfaction of the state
board department
success
in improving the academic performance of students.
(3)
The corporation has demonstrated to the satisfaction of the state
board department
that
the corporation has the capacity to secure private funds for the
development of the school authorized under this chapter.
(B)(1)
Not later than sixty days after the
effective date of this section
September
29, 2011,
the state
board department
shall
issue a request for proposals from private nonprofit corporations
qualified to operate a college-preparatory boarding school
established under this chapter. If the state
board department
subsequently
determines that the establishment of one or more additional
college-preparatory boarding schools is advisable, the state
board department
shall
issue requests for proposals from private nonprofit corporations
qualified to operate those additional schools.
In
all cases, the state
board department
shall
select the school's operator from among the qualified responders
within one hundred eighty days after the issuance of the request for
proposals. If no qualified responder submits a proposal, the state
board department
may
issue another request for proposals.
(2)
Each proposal submitted to the state
board department
shall
contain the following information:
(a)
The proposed location of the college-preparatory boarding school,
which may differ from any location recommended by the state
board department
in
the request for proposals;
(b) A plan for offering grade six in the school's initial year of operation and a plan for increasing the grade levels offered by the school in subsequent years;
(c)
Any other information about the proposed educational program,
facilities, or operations of the school considered necessary by the
state
board
department.
(C) No college-preparatory boarding school established under this chapter shall open for operation prior to the 2013-2014 school year.
Sec.
3328.12. The
state
board department
of
education
and
workforce
shall
enter into a contract with the operator of each college-preparatory
boarding school established under this chapter. The contract shall
stipulate the following:
(A) The school's board of trustees shall oversee the acquisition of a facility for the school.
(B)
The operator shall operate the school in accordance with the terms of
the proposal accepted by the state
board department
under
section 3328.11 of the Revised Code, including the plan for
increasing the grade levels offered by the school.
(C) The school shall comply with the provisions of this chapter.
(D)
The school shall comply with any other provisions of law specified in
the contract and the rules adopted by the state
board department
under
section 3328.50 of the Revised Code.
(E) The school shall comply with the bylaws adopted by the board of trustees under section 3328.13 of the Revised Code.
(F) The school shall meet the academic goals and other performance standards specified in the contract.
(G)
The school shall have a fiscal officer who meets standards
established for the purposes of this division by the
state
board
department.
(H)
In accordance with procedures specified in the contract, the
department
of
education
shall
monitor the operation, programs, and facilities of the school,
including conducting on-site visits of the school.
(I)
The department may take actions, as specified in the contract, to
resolve issues of noncompliance by the school of the provisions of
this chapter, the contract, the bylaws adopted by the board of
trustees, or rules adopted by the
state
board
department.
Such specified actions shall include procedures for notice of
noncompliance and an
appeal
to
the state board of the decisions of the departmentprocess.
(J)
The state
board department
or
the operator may terminate the contract in accordance with the
procedures specified in the contract, which shall include at least a
requirement that the party seeking termination give prior notice of
the intent to terminate the contract and a requirement that the party
receiving such notice be granted an opportunity to redress any
grievances cited in the notice prior to the termination.
(K) If the school closes for any reason, the school's board of trustees shall execute the closing in the manner specified in the contract.
Sec.
3328.13. The
board of trustees of each college-preparatory boarding school
established under this chapter shall adopt bylaws for the oversight
and operation of the school that are consistent with the provisions
of this chapter, the rules adopted under section 3328.50 of the
Revised Code, and the contract between the operator and the state
board department
of
education
and
workforce.
The bylaws shall include procedures for the appointment of future
members of the school's board of trustees upon expiration of the
terms of the initial members, which procedures shall comply with
section 3328.15 of the Revised Code. The bylaws also shall include
standards for the admission of students to the school and their
dismissal from the school. The bylaws shall be subject to the
approval of the
state
board
department.
Sec.
3328.15. (A)
Each college-preparatory boarding school established under this
chapter shall be governed by a board of trustees consisting of up to
twenty-five members. Five of those members shall be appointed by the
governor, with the advice and consent of the senate. The governor's
appointments may be based on nonbinding recommendations made by the
superintendent
of public instructiondirector
of education and workforce.
Of the remaining members, initial members shall be appointed by the
school's operator and future members shall be appointed pursuant to
the bylaws adopted under section 3328.13 of the Revised Code. The
governor, operator, or any other person or entity who appoints a
member of the board of trustees under this section or the bylaws
adopted under section 3328.13 of the Revised Code may remove that
member from the board at any time.
(B) The terms of office of the initial members shall be as follows:
(1) Two members appointed by the governor shall serve for an initial term of three years.
(2) Two members appointed by the governor shall serve for an initial term of two years.
(3) One member appointed by the governor shall serve for an initial term of one year.
(4) One-third of the members appointed by the operator, rounded down to the nearest whole number, shall serve for an initial term of three years.
(5) One-third of the members appointed by the operator, rounded down to the nearest whole number, shall serve for an initial term of two years.
(6) One-third of the members appointed by the operator, rounded down to the nearest whole number, shall serve for an initial term of one year.
(7) Any remaining members appointed by the operator shall serve for an initial term of one year.
Thereafter the terms of office of all members shall be for three years.
The beginning date and ending date of terms of office shall be as prescribed by the school's operator, unless modified in the bylaws adopted under section 3328.13 of the Revised Code.
(C) Vacancies on the board shall be filled in the same manner as the initial appointments. A member appointed to an unexpired term shall serve for the remainder of that term and may be reappointed subject to division (D) of this section.
(D) No member may serve for more than three consecutive three-year terms.
(E) The officers of the board shall be selected by and from among the members of the board.
(F) Compensation for the members of the board, if any, shall be as prescribed in the bylaws adopted under section 3328.13 of the Revised Code.
(G) It shall be construed that any contract entered into by the board of trustees or any officer or trustee of a college-preparatory boarding school, including, but not limited to, an agreement or contract required by section 3318.08, 3318.60, or 3318.61 of the Revised Code, is entered into by such individuals in their official capacities as representatives of the college-preparatory boarding school. No officer, trustee, or member of the board of trustees of a college-preparatory boarding school incurs any personal liability by virtue of section 3318.08, 3318.60, or 3318.61 of the Revised Code or the entering into any contract on behalf of the school.
Sec. 3328.18. (A) As used in this section, "license" has the same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a college-preparatory boarding school established under this chapter or its operator is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 of the Revised Code, if the person holds a license, or an offense listed in division (B)(1) of section 3319.39 of the Revised Code, if the person does not hold a license, the chief administrator of the school in which that person works shall suspend that person from all duties that require the care, custody, or control of a child during the pendency of the criminal action against the person. If the person who is arrested, summoned, or indicted for an alleged violation of an offense listed in division (C) of section 3319.31 or division (B)(1) of section 3319.39 of the Revised Code is the chief administrator of the school, the board of trustees of the school shall suspend the chief administrator from all duties that require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in accordance with this section, the chief administrator or board that imposed the suspension promptly shall report the person's suspension to the department of education and workforce and to the state board of education. The report shall include the offense for which the person was arrested, summoned, or indicted.
Sec. 3328.23. (A) A college-preparatory boarding school established under this chapter shall comply with Chapter 3323. of the Revised Code as if the school were a school district. For each child with a disability enrolled in the school for whom an IEP has been developed, the school shall verify in the manner prescribed by the department of education and workforce that the school is providing the services required under the child's IEP.
(B) The school district in which a child with a disability enrolled in the college-preparatory boarding school is entitled to attend school and the child's school district of residence, if different, are not obligated to provide the student with a free appropriate public education under Chapter 3323. of the Revised Code for as long as the child is enrolled in the college-preparatory boarding school.
Sec. 3328.26. (A) The department of education and workforce shall issue an annual report card for each college-preparatory boarding school established under this chapter that includes all information applicable to school buildings under section 3302.03 of the Revised Code.
(B) For each student enrolled in the school, the department shall combine data regarding the academic performance of that student with comparable data from the school district in which the student is entitled to attend school for the purpose of calculating the performance of the district as a whole on the report card issued for the district under section 3302.03 of the Revised Code.
(C) Each college-preparatory boarding school and its operator shall comply with sections 3302.04 and 3302.041 of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the school.
Sec. 3328.29. (A) With the approval of its board of trustees, a college-preparatory boarding school established under this chapter may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A college-preparatory boarding school;
(b) A member of a college-preparatory boarding school board of trustees;
(c) A college-preparatory boarding school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine autoinjectors, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a college-preparatory boarding school or board of trustees, member of a college-preparatory boarding school board of trustees, college-preparatory boarding school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A college-preparatory boarding school may accept donations of epinephrine autoinjectors from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase epinephrine autoinjectors.
(D) A college-preparatory boarding school that elects to procure epinephrine autoinjectors under this section shall report to the department of education and workforce each procurement and occurrence in which an epinephrine autoinjector is used from a school's supply of epinephrine autoinjectors.
Sec. 3328.30. (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code.
(B) With the approval of its board of trustees, a college-preparatory boarding school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school district.
(C) A college-preparatory boarding school, a member of a college-preparatory boarding school board of trustees, or a college-preparatory boarding school employee or contractor is not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using an inhaler under this section, unless the act or omission constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other immunity or defense that a college-preparatory boarding school or board of trustees, member of a college-preparatory boarding school board of trustees, or college-preparatory boarding school employee or contractor may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(D) A college-preparatory boarding school may accept donations of inhalers from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase inhalers.
(E) A college-preparatory boarding school that elects to procure inhalers under this section shall report to the department of education and workforce each procurement and occurrence in which an inhaler is used from a school's supply of inhalers.
Sec. 3328.31. Each college-preparatory boarding school established under this chapter shall report to the department of education and workforce, in the form and manner prescribed by the department, the following information:
(A) The total number of students enrolled in the school;
(B) The number of students enrolled in the school who are receiving special education and related services pursuant to an IEP;
(C) The city, exempted village, or local school district in which each student reported under division (A) of this section is entitled to attend school;
(D) Any additional information the department determines necessary to make payments to the school under this chapter.
Sec. 3328.34. (A) For each child enrolled in a college-preparatory boarding school, as reported under section 3328.31 of the Revised Code, the department of education and workforce shall pay to the school the sum of the amount eighty-five per cent of the operating expenditure per pupil of the city, local, or exempted village school district in which the child is entitled to attend school plus the per-pupil boarding amount specified in division (B) of this section.
As used in this division, a district's "operating expenditure per pupil" is the total amount of state payments and other nonfederal revenue spent by the district for operating expenses during the previous fiscal year, divided by the district's enrolled ADM, as that term is defined in section 3317.02 of the Revised Code, for the previous fiscal year.
(B) For the first fiscal year in which a college-preparatory boarding school may be established under this chapter, the "per-pupil boarding amount" is twenty-five thousand dollars. For each fiscal year thereafter, that amount shall be adjusted by the rate of inflation, as measured by the consumer price index (all urban consumers, all items) prepared by the bureau of labor statistics of the United States department of labor, for the previous twelve-month period.
(C)
The state
board of educationdepartment
may
accept funds from federal and state noneducation support services
programs for the purpose of funding the per pupil boarding amount
prescribed in division (B) of this section. Notwithstanding any other
provision of the Revised Code, the state
board department
shall
coordinate and streamline any noneducation program requirements in
order to eliminate redundant or conflicting requirements, licensing
provisions, and oversight by government programs or agencies. The
applicable regulatory entities shall, to the maximum extent possible,
use reports and financial audits provided by the auditor of state and
coordinated by the department
of
education
to
eliminate or reduce contract and administrative reviews. Regulatory
entities other than the state
board department
may
suggest reasonable additional items to be included in such reports
and financial audits to meet any requirements of federal law.
Reporting paperwork prepared for the state
board department
shall
be shared with and accepted by other state and local entities to the
maximum extent feasible.
(D)(1) Notwithstanding division (A) of this section, if, in any fiscal year, a college-preparatory boarding school receives federal funds for the purpose of supporting the school's operations, the amount of those federal funds shall be deducted from the total per-pupil boarding amount for all enrolled students paid by the department to the school for that fiscal year, unless the school's board of trustees and the department determine otherwise in a written agreement. Any portion of the total per-pupil boarding amount for all enrolled students remaining after the deduction of the federal funds shall be paid by the department to the school from state funds appropriated to the department.
(2) Notwithstanding division (A) of this section, if, in any fiscal year, the department receives federal funds for the purpose of supporting the operations of a college-preparatory boarding school, the department shall use those federal funds, not including any portion of those funds designated for administration, to pay the school the total per-pupil boarding amount for all enrolled students for that fiscal year. Any portion of the total per-pupil boarding amount for all enrolled students remaining after the use of the federal funds shall be paid by the department to the school from state funds appropriated to the department.
(3) If any federal funds are used for the purpose prescribed in division (D)(1) or (2) of this section, the department shall comply with all requirements upon which the acceptance of the federal funds is conditioned, including any requirements set forth in the funding application submitted by the school or the department and, to the extent sufficient funds are appropriated by the general assembly, any requirements regarding maintenance of effort in expenditures.
Sec. 3328.35. To the extent permitted by federal law, the department of education and workforce shall include college-preparatory boarding schools established under this chapter in its annual allocation of federal moneys under Title I of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6301, et seq. The department may apply for any other federal moneys that may be used to support the operations of college-preparatory boarding schools established under this chapter.
Sec. 3328.37. (A) If the auditor of state or a public accountant, under section 117.41 of the Revised Code, declares a college-preparatory boarding school established under this chapter to be unauditable, the auditor of state shall provide written notification of that declaration to the school and the department of education and workforce. The auditor of state also shall post the notification on the auditor of state's web site.
(B)
If the college-preparatory boarding school's current fiscal officer
held that position during the period for which the school is
unauditable, upon receipt of the notification under division (A) of
this section, the board of trustees of the school shall suspend the
fiscal officer until the auditor of state or a public accountant has
completed an audit of the school, except that if the fiscal officer
is employed by the school's operator, the operator shall suspend the
fiscal officer for that period. Suspension of the fiscal officer may
be with or without pay, as determined by the entity imposing the
suspension based on the circumstances that prompted the auditor of
state's declaration. The entity imposing the suspension shall appoint
a person to assume the duties of the fiscal officer during the period
of the suspension. If the appointee is not licensed as a treasurer
under section 3301.074 of the Revised Code, the appointee shall be
approved by the superintendent
of public instruction director
of education and workforce before
assuming the duties of the fiscal officer. The state board of
education may take action under section 3319.31 of the Revised Code
to suspend, revoke, or limit the license of a fiscal officer who has
been suspended under this division.
(C) Not later than forty-five days after receiving the notification under division (A) of this section, the board of trustees of the college-preparatory boarding school shall provide a written response to the auditor of state. The response shall include the following:
(1) An overview of the process the board will use to review and understand the circumstances that led to the school becoming unauditable;
(2) A plan for providing the auditor of state with the documentation necessary to complete an audit of the school and for ensuring that all financial documents are available in the future;
(3) The actions the board will take to ensure that the plan described in division (C)(2) of this section is implemented.
(D) If the college-preparatory boarding school fails to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition within ninety days after being declared unauditable, the auditor of state, in addition to requesting legal action under sections 117.41 and 117.42 of the Revised Code, shall notify the school and the department of the school's failure. If the auditor of state or a public accountant subsequently is able to complete a financial audit of the school, the auditor of state shall notify the school and the department that the audit has been completed.
(E) Notwithstanding any provision to the contrary in this chapter or in any other provision of law, upon notification by the auditor of state under division (D) of this section that the college-preparatory boarding school has failed to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition, the department shall immediately cease all payments to the school under this chapter and any other provision of law. Upon subsequent notification from the auditor of state under that division that the auditor of state or a public accountant was able to complete a financial audit of the school, the department shall release all funds withheld from the school under this section.
Sec. 3328.38. (A) With the approval of its board of trustees, a college-preparatory boarding school established under this chapter may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school district.
(B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with procuring, maintaining, accessing, or using injectable or nasally administered glucagon under this section, unless the act or omission constitutes willful or wanton misconduct:
(a) A college-preparatory boarding school;
(b) A member of a college-preparatory boarding school board of trustees;
(c) A college-preparatory boarding school employee or contractor;
(d) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes injectable or nasally administered glucagon, provides a consultation, or issues a protocol pursuant to this section.
(2) This division does not eliminate, limit, or reduce any other immunity or defense that a college-preparatory boarding school or board of trustees, member of a college-preparatory boarding school board of trustees, college-preparatory boarding school employee or contractor, or licensed health professional may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(C) A college-preparatory boarding school may accept donations of injectable or nasally administered glucagon from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from any person to purchase the drug.
(D) A college-preparatory boarding school that elects to procure injectable or nasally administered glucagon under this section shall report to the department of education and workforce each procurement and each occurrence in which a dose of the drug is used from the school's supply.
Sec.
3328.45. (A)
If the state
board department
of
education
and
workforce
determines
that a college-preparatory boarding school established under this
chapter is not in compliance with any provision of this chapter or
the terms of the contract entered into under section 3328.12 of the
Revised Code, or that the school has failed to meet the academic
goals or performance standards specified in that contract, the state
board department
may
initiate the termination procedures specified in the contract. No
termination shall take effect prior to the end of a school year. Upon
the effective date of a termination, the school shall close.
(B) If a college-preparatory boarding school is required to close under division (A) of this section or closes for any other reason, the school's board of trustees shall execute the closing as provided in the contract under section 3328.12 of the Revised Code.
Sec.
3328.50. The
state
board department
of
education
and
workforce
shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing procedures necessary for the implementation of this
chapter.
Sec.
3329.01. Any
publisher of textbooks or electronic textbooks in the United States
desiring to offer such textbooks or electronic textbooks for use by
pupils in the public schools of Ohio, before such textbooks or
electronic textbooks may be adopted and purchased by any school
board, must, on or before the first day of January of each year, file
in
the office of the superintendent of public instructionwith
the department of education and workforce,
a statement that the list wholesale price to school districts in Ohio
will be no more than the lowest list wholesale price available to
school districts in any other state.
No publisher of a textbook shall file a statement under this section unless the publisher complies with all of the following:
(A) At the same time as filing the statement, the publisher also files:
(1)
For textbooks published before August 18, 2006, the wholesale price
of an electronic file that contains the text of the textbook in rich
text format, or another electronic format approved by the
superintendent
of public instructiondepartment,
for translating the text of the textbook into braille;
(2) For textbooks published on or after August 18, 2006, the wholesale price of an electronic file that contains the text of the textbook, and of all instructional materials the publisher offers with the textbook, in the national instructional materials accessibility standard (NIMAS) code for translating the text of the entire textbook into NIMAS-approved formats, including braille, audio, digital text, or large print.
(B) The list wholesale price filed for any specified number of electronic files described in divisions (A)(1) and (2) of this section for the textbook and instructional materials the publisher offers with the textbook does not exceed the list wholesale price for the same number of the printed version of the textbook and materials.
(C) For textbooks published on or after August 18, 2006, the publisher sends one copy of the electronic file described in division (A)(2) of this section for the entire textbook and all instructional materials the publisher offers with the textbook in NIMAS code, at no cost, to the national instructional materials access center.
As used in this section and in sections 3329.03 to 3329.10 of the Revised Code, "electronic textbook" means computer software, interactive videodisc, magnetic media, optical media, computer courseware, on-line service, electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means.
Sec.
3329.03. If
a publisher who files a statement under section 3329.01 of the
Revised Code, fails or refuses to furnish such textbooks or
electronic textbooks adopted as provided in sections 3329.01 to
3329.10 of the Revised Code to any board of education upon the terms
provided in such sections, such board at once must notify the state
board department
of
education
and
workforce
of
such failure or refusal, and the state
board of education department
at
once shall cause an investigation of such charge to be made. If it is
found to be true, the state
board of education department
at
once shall notify such publisher and each board in the state that
such textbooks or electronic textbooks shall not thereafter be
adopted and purchased by boards of education. Such publisher shall
pay to the state five hundred dollars for each failure, to be
recovered in the name of the state, in an action to be brought by the
attorney general, in the court of common pleas of Franklin county, or
in any other proper court or in any other place where service can be
made. The amount, when collected, must be paid into the state
treasury to the credit of the state general revenue fund.
Sec.
3329.10. A
superintendent, supervisor, principal, or teacher employed by any
board of education shall not act as sales agent, either directly or
indirectly, for any person, firm, or corporation that files school
textbooks or electronic textbooks with the superintendent
of public instructiondepartment
of education and workforce,
or that sells school apparatus or equipment of any kind for use in
the public schools. A violation of this section shall work a
forfeiture of their licenses to teach in the public schools.
Sec. 3331.01. (A) As used in this chapter:
(1) "Superintendent" or "superintendent of schools" of a school district means the person employed as the superintendent or that person's designee.
(2) "Chief administrative officer" means the chief administrative officer of a nonpublic or community school or that person's designee.
(B)(1) Except as provided in division (B)(2) of this section, an age and schooling certificate may be issued only by the superintendent of the city, local, joint vocational, or exempted village school district in which the child in whose name such certificate is issued resides or by the chief administrative officer of the nonpublic or community school the child attends, and only upon satisfactory proof that the child to whom the certificate is issued is at least fourteen years of age.
(2) A child who resides in this state shall apply for an age and schooling certificate to the superintendent of the school district in which the child resides, or to the chief administrative officer of the school that the child attends. Residents of other states who work in Ohio shall apply to the superintendent of the school district in which the place of employment is located, as a condition of employment or service.
(C) Any such age and schooling certificate may be issued only upon satisfactory proof that the employment contemplated by the child is not prohibited by any law regulating the employment of such children. Section 4113.08 of the Revised Code does not apply to such employer in respect to such child while engaged in an employment legal for a child of the age stated therein.
(D)
Age and schooling certificate forms shall be approved by the state
board department
of
education
and
workforce,
including forms submitted electronically. Forms shall not display the
social security number of the child. Except as otherwise provided in
this section, every application for an age and schooling certificate
must be signed in the presence of the officer issuing it by the child
in whose name it is issued.
(E) A child shall furnish the superintendent or chief administrative officer all information required by this chapter in support of the issuance of a certificate.
(F) On and after September 1, 2002, each superintendent and chief administrative officer who issues an age and schooling certificate shall file electronically the certificate with the director of commerce in accordance with rules adopted by the director of administrative services pursuant to section 1306.21 of the Revised Code. On and after September 1, 2002, only electronically filed certificates are valid to satisfy the requirements of Chapter 4109. of the Revised Code.
Sec. 3331.02. (A) The superintendent of schools or the chief administrative officer, as appropriate pursuant to section 3331.01 of the Revised Code, shall not issue an age and schooling certificate until the superintendent or chief administrative officer has received, examined, approved, and filed the following papers duly executed:
(1) The written pledge or promise of the person, partnership, or corporation to legally employ the child, and for this purpose work performed by a minor, directly and exclusively for the benefit of such minor's parent, in the farm home or on the farm of such parent is legal employment, irrespective of any contract of employment, or the absence thereof, to permit the child to attend school as provided in section 3321.08 of the Revised Code, and give notice of the nonuse of an age and schooling certificate within five days from the date of the child's withdrawal or dismissal from the service of that person, partnership, or corporation, giving the reasons for such withdrawal or dismissal;
(2)
The child's school record or notification. As used in this division,
a "school record" means documents properly filled out and
signed by the person in charge of the school which the child last
attended, giving the recorded age of the child, the child's address,
standing in studies, rating in conduct, and attendance in days during
the school year of the child's last attendance; "notification"
means the information submitted to the superintendent by the parent
of a child excused from attendance at school pursuant to division
(A)(2) of section
3321.04
3321.042
of
the Revised Code, as the notification is required by rules adopted by
the department of education
and
workforce.
(3) Evidence of the age of the child as follows:
(a) A certified copy of an original birth record or a certification of birth, issued in accordance with Chapter 3705. of the Revised Code, or by an officer charged with the duty of recording births in another state or country, shall be conclusive evidence of the age of the child;
(b) In the absence of such birth record or certification of birth, a passport, or duly attested transcript thereof, showing the date and place of birth of the child, filed with a register of passports at a port of entry of the United States; or an attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of the child, shall be conclusive evidence of the age of the child;
(c) In case none of the above proofs of age can be produced, other documentary evidence, except the affidavit of the parent, guardian, or custodian, satisfactory to the superintendent or chief administrative officer may be accepted in lieu thereof;
(d)
In case no documentary proof of age can be procured, the
superintendent or chief administrative officer may receive and file
an application signed by the parent, guardian, or custodian of the
child that a medical certificate be secured to establish the
sufficiency of the age of the child, which application shall state
the alleged age of the child, the place and date of birth, the
child's present residence, and such further facts as may be of
assistance in determining the age of the child, and shall certify
that the person signing the application is unable to obtain any of
the documentary proofs specified in divisions (A)(3)(a), (b), and (c)
of this section; and if the superintendent or chief administrative
officer is satisfied that a reasonable effort to procure such
documentary proof has been without success such application shall be
granted and the certificate of the school physician or if there be
none, of a physician, a physician assistant, a clinical nurse
specialist, or a certified nurse practitioner employed by the board
of education, that said physician, physician assistant, clinical
nurse specialist, or certified nurse practitioner is satisfied that
the child is above the age required for an age and schooling
certificate as stated in section 3331.01 of the Revised Code, shall
be accepted as sufficient evidence of age;.
(4) A certificate, including an athletic certificate of examination, from a physician licensed pursuant to Chapter 4731. of the Revised Code, a physician assistant, a clinical nurse specialist, or a certified nurse practitioner, or from the district health commissioner, showing after a thorough examination that the child is physically fit to be employed in such occupations as are not prohibited by law for a boy or girl, as the case may be, under eighteen years of age; but a certificate with "limited" written, printed, marked, or stamped thereon may be furnished by such physician, physician assistant, clinical nurse specialist, or certified nurse practitioner and accepted by the superintendent or chief administrative officer in issuing a "limited" age and schooling certificate provided in section 3331.06 of the Revised Code, showing that the child is physically fit to be employed in some particular occupation not prohibited by law for a boy or girl of such child's age, as the case may be, even if the child's complete physical ability to engage in such occupation cannot be vouched for.
(B)(1) Except as provided in division (B)(2) of this section, a physical fitness certificate described in division (A)(4) of this section is valid for purposes of that division while the child remains employed in job duties of a similar nature as the job duties for which the child last was issued an age and schooling certificate. The superintendent or chief administrative officer who issues an age and schooling certificate shall determine whether job duties are similar for purposes of this division.
(2) A "limited" physical fitness certificate described in division (A)(4) of this section is valid for one year.
(C) The superintendent of schools or the chief administrative officer shall require a child who resides out of this state to file all the information required under division (A) of this section. The superintendent of schools or the chief administrative officer shall evaluate the information filed and determine whether to issue the age and schooling certificate using the same standards as those the superintendent or officer uses for in-state children.
Sec. 3331.04. (A) Until July 1, 2016, an age and schooling certificate may be issued by the superintendent of schools to a child over sixteen years of age upon proof acceptable to such superintendent of the following facts and upon agreement to the respective conditions made in writing by the child and by the parents, guardian, or custodian in charge of such child:
(1) That the child is addicted to no habit which is likely to detract from the child's reliability or effectiveness as a worker, or proper use of the child's earnings or leisure, or the probability of the child's faithfully carrying out the conditions to which the child agrees as specified in division (A)(2) of this section, and in addition any one of the following groups of facts:
(a) That the child has been a resident of the school district for the last two years, has diligently attended upon instruction at school for the last two years, and is able to read, write, and perform the fundamental operations of arithmetic. These abilities shall be judged by the superintendent.
(b) That the child having been a resident of the school district less than two years, diligently attended upon instruction in school in the district in which the child was a resident next preceding the child's residence in the present district for the last school year preceding the child's removal to the present district, and has diligently attended upon instruction in the schools of the present district for the period that the child has been a resident thereof;
(c) That the child has removed to the present school district since the beginning of the last annual school session, and that instruction adapted to the child's needs is not provided in the regular day schools in the district;
(d) That conditions are such that the child must provide for the child's own support or that the child is needed for the support or care of parents or for the support or care of brothers or sisters for whom the parents are unable to provide and that the child is desirous of working for the support or care of self or of such parents or siblings and that such child cannot render such needed support or care by a reasonable effort outside of school hours; but no age and schooling certificate shall be granted to a child of this group upon proof of such facts without written consent given to the superintendent by the juvenile judge and by the department of job and family services.
(2) In case the certificate is granted under division (A)(1) of this section, that until reaching the age of eighteen years the child will diligently attend in addition to part-time classes, such evening classes as will add to the child's education for literacy, citizenship, or vocational preparation which may be made available to the child in the school district and which the child may be directed to attend by the superintendent, or in case no such classes are available, that the child will pursue such reading and study and report monthly thereon as may be directed by the superintendent.
(B) Beginning July 1, 2016, an age and schooling certificate may be issued pursuant to this section only to a child over sixteen years of age who does both of the following:
(1) Upon agreement in writing, by the child and the parents, guardian, or custodian in charge of such child, provides proof acceptable to the superintendent that the conditions in division (A)(1) of this section are met;
(2)
Is enrolled in a competency-based instructional program to earn a
high school diploma in accordance with the rules adopted by the state
board department
of
education
and
workforce
pursuant
to division (C) of this section.
(C)
Not
later than July 1, 2016, the state boardThe
department,
in accordance with Chapter 119. of the Revised Code, shall adopt
rules on the requirements for completing a competency-based
instructional program that leads to a high school diploma under this
section.
Sec. 3331.08. In case a superintendent of schools refuses to excuse a child from attendance at school for one of the reasons stated in section 3321.04 or 3321.042 of the Revised Code, or a superintendent or a chief administrative officer refuses upon request to grant an age and schooling certificate as provided in section 3331.01 of the Revised Code, an appeal may be taken from such decision to the juvenile judge of the county, upon the giving of bond, within ten days thereafter, to the approval of such judge, to pay the costs of appeal. The juvenile judge's decision in the matter shall be final.
Sec. 3332.02. This chapter does not apply to the following categories of courses, schools, or colleges:
(A) Tuition-free courses or schools conducted by employers exclusively for their own employees;
(B) Nonprofit institutions with certificates of authorization issued pursuant to section 1713.02 of the Revised Code or that are nonprofit institutions exempted from the requirement to obtain a certificate by division (E) of that section;
(C)
Schools, colleges, technical colleges, or universities established by
law or chartered by the Ohio
board chancellor
of
regents
higher
education;
(D) Courses of instruction required by law to be approved or licensed by a state board or agency other than the state board of career colleges and schools, except that a school so approved or licensed may apply to the state board of career colleges and schools for a certificate of registration to be issued in accordance with this chapter;
(E)
Schools for which minimum standards are prescribed by the state
board director
of
education
and
workforce
pursuant
to division (D) of section 3301.07 of the Revised Code;
(F) Courses of instruction conducted by a public school district or a combination of public school districts;
(G) Courses of instruction conducted outside the United States;
(H) Private institutions exempt from regulation under this chapter as prescribed in section 3333.046 of the Revised Code;
(I) Training courses for employees paid for by their employers and conducted by outside service providers.
Sec.
3332.03. There
is hereby created the state board of career colleges and schools to
consist of the state
superintendent of public instruction or an assistant superintendent
designated by the superintendent, the chancellor
of the
Ohio board of regents higher
education or
a vice chancellor designated by the chancellor,
the
director of education and workforce or the director's designee,
and
six members appointed by the governor,
with
the advice and consent of the senate. Members' terms of office shall
be for five years, commencing on the twenty-first day of November and
ending on the twentieth day of November. Each member shall hold
office from the date of appointment until the end of the term for
which the member was appointed.
Three of the members appointed by the governor shall have been engaged for a period of not less than five years immediately preceding appointment in an executive or managerial position in a private, trade, technical, or other school subject to this chapter. One member appointed by the governor shall be a representative of students and shall have graduated with an associate or baccalaureate degree, within five years prior to appointment, from a school subject to this chapter. Two members appointed by the governor shall be representatives of the general public and shall have had no affiliation with, or direct or indirect interest in, schools subject to this chapter for at least two years prior to appointment. In selecting the representatives of the general public, the governor shall make an effort to find individuals with background or experience in the regulation of commerce, business, or education. The two members of the board who are representatives of the general public shall not be affiliated in any way with or have any direct or indirect interest in any schools subject to this chapter during their terms. Except for enrollment in a school subject to this chapter, the member representing students shall have had no affiliation in any way with, or have any direct or indirect interest in any school subject to this chapter for at least two years prior to appointment or during the member's term.
Any vacancy shall be filled in the manner provided for original appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any appointed member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
Members of the board have full voting rights, except for the member representing students who shall be a nonvoting member. Each member of the board appointed by the governor shall be compensated at the rate established pursuant to division (J) of section 124.15 of the Revised Code, but shall not receive step advancements, for those days the member is engaged in the discharge of official duties. In addition, members appointed by the governor may be compensated for the expenses necessarily incurred in the attendance at meetings or in performing other services for the board. The chairperson of the board shall annually be elected or determined as follows:
(A) If both members of the board representing the general public have served on the board for at least one year, the members shall elect one of these two members as chairperson. If one of these members declines to be elected or serve, the other member representing the general public shall be chairperson. If both members representing the general public decline to be elected or serve, division (C) of this section shall apply.
(B) If only one member of the board representing the general public has served on the board for at least one year, this member shall be chairperson. If this member declines to serve, division (C) of this section shall apply.
(C) If neither member of the board representing the general public has served on the board for at least one year or if this division applies pursuant to division (A) or (B) of this section, the members of the board shall elect a chairperson from among any of the voting members of the board who have served on the board for at least one year.
Sec.
3332.04. The
state board of career colleges and schools may appoint an executive
director and such other staff as may be required for the performance
of the board's duties and provide necessary facilities. In selecting
an executive director, the board shall appoint an individual with a
background or experience in the regulation of commerce, business, or
education. The board may also arrange for services and facilities to
be provided by the state
board of education and the Ohio board of regentsdepartment
of education and workforce or the department of higher education.
All receipts of the board shall be deposited in the state treasury to
the credit of the occupational licensing and regulatory fund.
Sec. 3333.04. The chancellor of higher education shall:
(A) Make studies of state policy in the field of higher education and formulate a master plan for higher education for the state, considering the needs of the people, the needs of the state, and the role of individual public and private institutions within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general assembly on the findings from the chancellor's studies and the master plan for higher education for the state;
(2) Report at least semiannually to the general assembly and the governor the enrollment numbers at each state-assisted institution of higher education.
(C) Approve or disapprove the establishment of new branches or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state technical colleges or any other state institution of higher education;
(E) Recommend the nature of the programs, undergraduate, graduate, professional, state-financed research, and public services which should be offered by the state colleges, universities, and other state-assisted institutions of higher education in order to utilize to the best advantage their facilities and personnel;
(F) Recommend to the state colleges, universities, and other state-assisted institutions of higher education graduate or professional programs, including, but not limited to, doctor of philosophy, doctor of education, and juris doctor programs, that could be eliminated because they constitute unnecessary duplication, as shall be determined using the process developed pursuant to this division, or for other good and sufficient cause. Prior to recommending a program for elimination, the chancellor shall request the board of regents to hold at least one public hearing on the matter and advise the chancellor on whether the program should be recommended for elimination. The board shall provide notice of each hearing within a reasonable amount of time prior to its scheduled date. Following the hearing, the board shall issue a recommendation to the chancellor. The chancellor shall consider the board's recommendation but shall not be required to accept it.
For purposes of determining the amounts of any state instructional subsidies paid to state colleges, universities, and other state-assisted institutions of higher education, the chancellor may exclude students enrolled in any program that the chancellor has recommended for elimination pursuant to this division except that the chancellor shall not exclude any such student who enrolled in the program prior to the date on which the chancellor initially commences to exclude students under this division.
The chancellor and state colleges, universities, and other state-assisted institutions of higher education shall jointly develop a process for determining which existing graduate or professional programs constitute unnecessary duplication.
(G) Recommend to the state colleges, universities, and other state-assisted institutions of higher education programs which should be added to their present programs;
(H) Conduct studies for the state colleges, universities, and other state-assisted institutions of higher education to assist them in making the best and most efficient use of their existing facilities and personnel;
(I) Make recommendations to the governor and general assembly concerning the development of state-financed capital plans for higher education; the establishment of new state colleges, universities, and other state-assisted institutions of higher education; and the establishment of new programs at the existing state colleges, universities, and other institutions of higher education;
(J) Review the appropriation requests of the public community colleges and the state colleges and universities and submit to the office of budget and management and to the chairpersons of the finance committees of the house of representatives and of the senate the chancellor's recommendations in regard to the biennial higher education appropriation for the state, including appropriations for the individual state colleges and universities and public community colleges. For the purpose of determining the amounts of instructional subsidies to be paid to state-assisted colleges and universities, the chancellor shall define "full-time equivalent student" by program per academic year. The definition may take into account the establishment of minimum enrollment levels in technical education programs below which support allowances will not be paid. Except as otherwise provided in this section, the chancellor shall make no change in the definition of "full-time equivalent student" in effect on November 15, 1981, which would increase or decrease the number of subsidy-eligible full-time equivalent students, without first submitting a fiscal impact statement to the president of the senate, the speaker of the house of representatives, the legislative service commission, and the director of budget and management. The chancellor shall work in close cooperation with the director of budget and management in this respect and in all other matters concerning the expenditures of appropriated funds by state colleges, universities, and other institutions of higher education.
(K) Seek the cooperation and advice of the officers and trustees of both public and private colleges, universities, and other institutions of higher education in the state in performing the chancellor's duties and making the chancellor's plans, studies, and recommendations;
(L)
Appoint advisory committees consisting of persons associated with
public or private secondary schools, members of the state board of
education, or personnel of the state
department
of education
and
workforce;
(M) Appoint advisory committees consisting of college and university personnel, or other persons knowledgeable in the field of higher education, or both, in order to obtain their advice and assistance in defining and suggesting solutions for the problems and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree programs at all state colleges, universities, and other state-assisted institutions of higher education.
When considering approval of a new degree or degree program for a state institution of higher education, as defined in section 3345.011 of the Revised Code, the chancellor shall take into account the extent to which the degree or degree program aligns with the state's workforce development priorities.
(O) Adopt such rules as are necessary to carry out the chancellor's duties and responsibilities. The rules shall prescribe procedures for the chancellor to follow when taking actions associated with the chancellor's duties and responsibilities and shall indicate which types of actions are subject to those procedures. The procedures adopted under this division shall be in addition to any other procedures prescribed by law for such actions. However, if any other provision of the Revised Code or rule adopted by the chancellor prescribes different procedures for such an action, the procedures adopted under this division shall not apply to that action to the extent they conflict with the procedures otherwise prescribed by law. The procedures adopted under this division shall include at least the following:
(1) Provision for public notice of the proposed action;
(2) An opportunity for public comment on the proposed action, which may include a public hearing on the action by the board of regents;
(3) Methods for parties that may be affected by the proposed action to submit comments during the public comment period;
(4) Submission of recommendations from the board of regents regarding the proposed action, at the request of the chancellor;
(5) Written publication of the final action taken by the chancellor and the chancellor's rationale for the action;
(6) A timeline for the process described in divisions (O)(1) to (5) of this section.
(P) Make recommendations to the governor and the general assembly regarding the design and funding of the student financial aid programs specified in sections 3333.12, 3333.122, 3333.21 to 3333.26, and 5910.02 of the Revised Code;
(Q) Participate in education-related state or federal programs on behalf of the state and assume responsibility for the administration of such programs in accordance with applicable state or federal law;
(R) Adopt rules for student financial aid programs as required by sections 3333.12, 3333.122, 3333.21 to 3333.26, 3333.28, and 5910.02 of the Revised Code, and perform any other administrative functions assigned to the chancellor by those sections;
(S) Conduct enrollment audits of state-supported institutions of higher education;
(T) Appoint consortia of college and university personnel to advise or participate in the development and operation of statewide collaborative efforts, including the Ohio supercomputer center, the Ohio academic resources network, OhioLink, and the Ohio learning network. For each consortium, the chancellor shall designate a college or university to serve as that consortium's fiscal agent, financial officer, and employer. Any funds appropriated for the consortia shall be distributed to the fiscal agents for the operation of the consortia. A consortium shall follow the rules of the college or university that serves as its fiscal agent. The chancellor may restructure existing consortia, appointed under this division, in accordance with procedures adopted under divisions (O)(1) to (6) of this section.
(U) Adopt rules establishing advisory duties and responsibilities of the board of regents not otherwise prescribed by law;
(V) Respond to requests for information about higher education from members of the general assembly and direct staff to conduct research or analysis as needed for this purpose.
Sec. 3333.041. (A) On or before the last day of December of each year, the chancellor of higher education shall submit to the governor and, in accordance with section 101.68 of the Revised Code, the general assembly a report or reports concerning all of the following:
(1) The status of graduates of Ohio school districts at state institutions of higher education during the twelve-month period ending on the thirtieth day of September of the current calendar year. The report shall list, by school district, the number of graduates of each school district who attended a state institution of higher education and the percentage of each district's graduates enrolled in a state institution of higher education during the reporting period who were required during such period by the college or university, as a prerequisite to enrolling in those courses generally required for first-year students, to enroll in a remedial course in English, including composition or reading, mathematics, and any other area designated by the chancellor. The chancellor also shall make the information described in division (A)(1) of this section available to the board of education of each city, exempted village, and local school district.
Each state institution of higher education shall, by the first day of November of each year, submit to the chancellor in the form specified by the chancellor the information the chancellor requires to compile the report.
(2) The following information with respect to the Ohio tuition trust authority:
(a) The name of each investment manager that is a minority business enterprise or a women's business enterprise with which the chancellor contracts;
(b) The amount of assets managed by investment managers that are minority business enterprises or women's business enterprises, expressed as a percentage of assets managed by investment managers with which the chancellor has contracted;
(c) Efforts by the chancellor to increase utilization of investment managers that are minority business enterprises or women's business enterprises.
(3) The chancellor's strategy in assigning choose Ohio first scholarships, as established under section 3333.61 of the Revised Code, among state universities and colleges and how the actual awards fit that strategy.
(4) The academic and economic impact of the Ohio co-op/internship program established under section 3333.72 of the Revised Code. At a minimum, the report shall include the following:
(a) Progress and performance metrics for each initiative that received an award in the previous fiscal year;
(b) Economic indicators of the impact of each initiative, and all initiatives as a whole, on the regional economies and the statewide economy;
(c) The chancellor's strategy in allocating awards among state institutions of higher education and how the actual awards fit that strategy.
(B)
On or before the fifteenth day of February of each year, the director
chancellor
shall
submit to the governor and, in accordance with section 101.68 of the
Revised Code, the general assembly a report concerning aggregate
academic growth data for students assigned to graduates of teacher
preparation programs approved under section 3333.048 of the Revised
Code who teach English language arts or mathematics in any of grades
four to eight in a public school in Ohio. For this purpose, the
director
chancellor
shall
use the value-added progress dimension prescribed by section 3302.021
of the Revised Code or the alternative student academic progress
measure if adopted under division (C)(1)(e) of section 3302.03 of the
Revised Code. The director
chancellor
shall
aggregate the data by graduating class for each approved teacher
preparation program, except that if a particular class has ten or
fewer graduates to which this division applies, the director
chancellor
shall
report the data for a group of classes over a three-year period. In
no case shall the report identify any individual graduate. The
department of education and
workforce shall
share any data necessary for the report with the
director
chancellor.
(C) As used in this section:
(1) "Minority business enterprise" has the same meaning as in section 122.71 of the Revised Code.
(2) "State institution of higher education" and "state university" have the same meanings as in section 3345.011 of the Revised Code.
(3) "State university or college" has the same meaning as in section 3345.12 of the Revised Code.
(4) "Women's business enterprise" means a business, or a partnership, corporation, limited liability company, or joint venture of any kind, that is owned and controlled by women who are United States citizens and residents of this state.
Sec.
3333.048. (A)
Not
later than one year after October 16, 2009, the The
chancellor
of higher education and the superintendent
of public instruction director
of education and workforce jointly
shall do the following:
(1) In accordance with Chapter 119. of the Revised Code, establish metrics and educator preparation programs for the preparation of educators and other school personnel and the institutions of higher education that are engaged in their preparation. The metrics and educator preparation programs shall be aligned with the standards and qualifications for educator licenses adopted by the state board of education under section 3319.22 of the Revised Code and the requirements of the Ohio teacher residency program established under section 3319.223 of the Revised Code. The metrics and educator preparation programs also shall ensure that educators and other school personnel are adequately prepared to use the value-added progress dimension prescribed by section 3302.021 of the Revised Code or the alternative student academic progress measure if adopted under division (C)(1)(e) of section 3302.03 of the Revised Code.
(2) Provide for the inspection of institutions of higher education desiring to prepare educators and other school personnel.
(B)
Not
later than one year after October 16, 2009, the The
chancellor
shall approve institutions of higher education engaged in the
preparation of educators and other school personnel that maintain
satisfactory training procedures and records of performance, as
determined by the chancellor.
(C) If the metrics established under division (A)(1) of this section require an institution of higher education that prepares teachers to satisfy the standards of an independent accreditation organization, the chancellor shall permit each institution to satisfy the standards of any applicable national educator preparation accrediting agency recognized by the United States department of education.
(D) The metrics and educator preparation programs established under division (A)(1) of this section may require an institution of higher education, as a condition of approval by the chancellor, to make changes in the curricula of its preparation programs for educators and other school personnel.
Notwithstanding division (E) of section 119.03 and division (A)(1) of section 119.04 of the Revised Code, any metrics, educator preparation programs, rules, and regulations, or any amendment or rescission of such metrics, educator preparation programs, rules, and regulations, adopted under this section that necessitate institutions offering preparation programs for educators and other school personnel approved by the chancellor to revise the curricula of those programs shall not be effective for at least one year after the first day of January next succeeding the publication of the said change.
Each institution shall allocate money from its existing revenue sources to pay the cost of making the curricular changes.
(E) The chancellor shall notify the state board of the metrics and educator preparation programs established under division (A)(1) of this section and the institutions of higher education approved under division (B) of this section. The state board shall publish the metrics, educator preparation programs, and approved institutions with the standards and qualifications for each type of educator license.
(F) The graduates of educator preparation programs approved by the chancellor shall be licensed by the state board in accordance with the standards and qualifications adopted under section 3319.22 of the Revised Code.
Sec. 3333.0411. Not later than December 31, 2014, and annually thereafter, the chancellor of higher education shall report for each approved teacher preparation program, the number and percentage of all graduates of the program who were rated at each of the performance levels prescribed by division (B)(1) of section 3319.112 of the Revised Code on an evaluation conducted in accordance with section 3319.111 of the Revised Code in the previous school year.
In no case shall the report identify any individual graduate. The department of education and workforce shall share any data necessary for the report with the chancellor.
Sec.
3333.0415. Beginning
in 2018, the The
chancellor
of higher education, in collaboration with the department of
education
and
workforce,
shall prepare an annual report regarding the progress the state is
making in increasing the percentage of adults in the state with a
college degree, industry certificate, or other postsecondary
credential to sixty-five per cent by the year 2025. The chancellor
shall submit an electronic copy of the report to the governor, the
president and minority leader of the senate, and the
speaker
and minority leader of the house of representatives.
Sec. 3333.07. (A) Colleges, universities, and other institutions of higher education which receive state assistance, but are not supported primarily by the state, shall submit to the chancellor of higher education such accounting of the expenditure of state funds at such time and in such form as the chancellor prescribes.
(B) No state institution of higher education shall establish a new branch or academic center without the approval of the chancellor.
(C) No state institution of higher education shall offer a new degree or establish a new degree program without the approval of the chancellor. No degree approval shall be given for a technical education program unless such program is offered by a state assisted university, a university branch, a technical college, or a community college.
(D) Any state college, university, or other state assisted institution of higher education not complying with a recommendation of the chancellor pursuant to division (F) or (G) of section 3333.04 of the Revised Code shall so notify the chancellor in writing within one hundred twenty days after receipt of the recommendation, stating the reasons why it cannot or should not comply.
(E) The officers, trustees, and employees of all institutions of higher education which are state supported or state assisted shall cooperate with the chancellor in supplying information regarding their institutions, and advising and assisting the chancellor on matters of higher education in this state in every way possible when so requested by the chancellor.
(F)
Persons associated with the public school systems in this state,
and
the personnel
of the state
department
of education,
and members of the state board of education
and
workforce
shall
provide such data about high school students as are requested by the
chancellor to aid in the development of state higher education plans.
Sec. 3333.162. (A) As used in this section, "state institution of higher education" means an institution of higher education as defined in section 3345.12 of the Revised Code.
(B)
By
April 15, 2007, the The
chancellor
of higher education, in consultation with the department of education
and
workforce,
public adult and secondary career-technical education institutions,
and
state institutions of higher education, shall establish criteria,
policies, and procedures that enable students to transfer agreed upon
technical courses completed through an adult career-technical
education institution, a public secondary career-technical
institution, or a state institution of higher education to a state
institution of higher education without unnecessary duplication or
institutional barriers. The courses to which the criteria, policies,
and procedures apply shall be those that adhere to recognized
industry standards and equivalent coursework common to the secondary
career pathway and adult career-technical education system and
regionally accredited state institutions of higher education. Where
applicable, the policies and procedures shall build upon the
articulation agreement and transfer initiative course equivalency
system required by section 3333.16 of the Revised Code.
Sec. 3333.167. (A) As used in this section:
(1) "Approved course" means a career-technical education course offered by a career-technical planning district to which either of the following applies:
(a) The course complies with the criteria, policies, and procedures established under section 3333.162 of the Revised Code.
(b) The course is approved through an articulation agreement that a career-technical planning district has entered into with a state institution of higher education.
(2) "Career-technical planning district" has the same meaning as in section 3317.023 of the Revised Code.
(3) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B)
The chancellor of higher education, in consultation with the
superintendent
of public instructiondirector
of education and workforce,
shall develop and, if determined appropriate by the chancellor and
the state
superintendentdirector,
implement a statewide plan that permits a high school student
enrolled in a career-technical planning district to receive
post-secondary credit on a college transcript in a manner comparable
to the college credit plus program established under Chapter 3365. of
the Revised Code for the completion of an approved course.
(C) The statewide plan developed under division (B) of this section shall do all of the following:
(1) Identify and define the criteria, policies, procedures, and timelines necessary for a high school student to receive post-secondary credit on a college transcript for completing an approved course;
(2) Identify any technology solutions or statewide data information systems necessary to streamline and facilitate the electronic exchange of student data to improve the credit verification process for students, career-technical planning districts, and state institutions of higher education;
(3) Identify any regional or national accreditation requirements or state policy barriers that currently exist that need to be considered in developing the statewide plan;
(4)
If the chancellor and the state
superintendent director
determine
it appropriate to implement the statewide plan, recommend a date and
the method by which the statewide plan shall be implemented.
(D) The chancellor shall convene a group of stakeholders to assist in preparing the plan under division (B) of this section. The group shall include a representative from each of the following:
(1) The Ohio association of career-technical education;
(2) The Ohio association of career-technical superintendents;
(3) The Ohio association of compact and comprehensive career-technical schools;
(4) The Ohio association of community colleges;
(5) The inter-university council of Ohio;
(6) The association of independent colleges and universities of Ohio;
(7) Any other stakeholders determined appropriate by the chancellor.
(E) Not later than June 30, 2020, the chancellor shall submit to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives, the completed plan developed under division (B) of this section.
Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the Revised Code, "term" and "academic year" mean "term" and "academic year" as defined by the chancellor of higher education.
The
chancellor shall establish and administer an academic scholarship
program. Under the program, a total of one thousand new scholarships
shall be awarded annually in the amount of not less than two thousand
dollars per award. At least one such new scholarship shall be awarded
annually to a student in each public high school and joint vocational
school and each nonpublic high school for which the state
board director
of
education
and
workforce
prescribes
minimum standards in accordance with section 3301.07 of the Revised
Code.
To be eligible for the award of a scholarship, a student shall be a resident of Ohio and shall be enrolled as a full-time undergraduate student in an Ohio institution of higher education that meets the requirements of Title VI of the "Civil Rights Act of 1964" and is state-assisted, is nonprofit and holds a certificate of authorization issued under section 1713.02 of the Revised Code, is a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, or holds a certificate of registration and program authorization issued under section 3332.05 of the Revised Code and awards an associate or bachelor's degree. Students who attend an institution holding a certificate of registration shall be enrolled in a program leading to an associate or bachelor's degree for which associate or bachelor's degree program the institution has program authorization to offer the program issued under section 3332.05 of the Revised Code.
"Resident" and "full-time student" shall be defined in rules adopted by the chancellor.
The chancellor shall award the scholarships on the basis of a formula designed by the chancellor to identify students with the highest capability for successful college study. The formula shall weigh the factor of achievement, as measured by grade point average, and the factor of ability, as measured by performance on a competitive examination specified by the chancellor. Students receiving scholarships shall be known as "Ohio academic scholars."
Sec. 3333.31. (A) For state subsidy and tuition surcharge purposes, status as a resident of Ohio shall be defined by the chancellor of higher education by rule promulgated pursuant to Chapter 119. of the Revised Code. No adjudication as to the status of any person under such rule, however, shall be required to be made pursuant to Chapter 119. of the Revised Code. The term "resident" for these purposes shall not be equated with the definition of that term as it is employed elsewhere under the laws of this state and other states, and shall not carry with it any of the legal connotations appurtenant thereto. Rather, except as provided in divisions (B), (C), (D), (F), and (G) of this section, for such purposes, the rule promulgated under this section shall have the objective of excluding from treatment as residents those who are present in the state primarily for the purpose of attending a state-supported or state-assisted institution of higher education, and may prescribe presumptive rules, rebuttable or conclusive, as to such purpose based upon the source or sources of support of the student, residence prior to first enrollment, evidence of intention to remain in the state after completion of studies, or such other factors as the chancellor deems relevant.
(B) The rules of the chancellor for determining student residency shall grant residency status to a veteran and to the veteran's spouse and any dependent of the veteran, if both of the following conditions are met:
(1) The veteran either:
(a) Served one or more years on active military duty and was honorably discharged or received a medical discharge that was related to the military service;
(b) Was killed while serving on active military duty or has been declared to be missing in action or a prisoner of war.
(2) If the veteran seeks residency status for tuition surcharge purposes, the veteran has established domicile in this state as of the first day of a term of enrollment in an institution of higher education. If the spouse or a dependent of the veteran seeks residency status for tuition surcharge purposes, the veteran and the spouse or dependent seeking residency status have established domicile in this state as of the first day of a term of enrollment in an institution of higher education, except that if the veteran was killed while serving on active military duty, has been declared to be missing in action or a prisoner of war, or is deceased after discharge, only the spouse or dependent seeking residency status shall be required to have established domicile in accordance with this division.
(C) The rules of the chancellor for determining student residency shall grant residency status to both of the following:
(1) A veteran who is the recipient of federal veterans' benefits under the "All-Volunteer Force Educational Assistance Program," 38 U.S.C. 3001 et seq., or "Post-9/11 Veterans Educational Assistance Program," 38 U.S.C. 3301 et seq., or any successor program, if the veteran meets all of the following criteria:
(a) The veteran served at least ninety days on active duty.
(b) The veteran enrolls in a state institution of higher education, as defined in section 3345.011 of the Revised Code.
(c) The veteran lives in the state as of the first day of a term of enrollment in the state institution of higher education.
(2) A person who is the recipient of the federal Marine Gunnery Sergeant John David Fry scholarship or transferred federal veterans' benefits under any of the programs described in division (C)(1) of this section, if the person meets both of the following criteria:
(a) The person enrolls in a state institution of higher education.
(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education.
In order for a person using transferred federal veterans' benefits to qualify under division (C)(2) of this section, the veteran who transferred the benefits must have served at least ninety days on active duty or the service member who transferred the benefits must be on active duty.
(D) The rules of the chancellor for determining student residency shall grant residency status to a service member who is on active duty and to the service member's spouse and any dependent of the service member while the service member is on active duty. In order to qualify under division (D) of this section, the rules shall require the student seeking in-state tuition rates to live in the state as of the first day of a term of enrollment in the state institution of higher education, but shall not require the service member or the service member's spouse or dependent to establish domicile in this state as of the first day of a term of enrollment in an institution of higher education.
(E) The rules of the chancellor for determining student residency shall not deny residency status to a student who is either a dependent child of a parent, or the spouse of a person who, as of the first day of a term of enrollment in an institution of higher education, has accepted full-time employment and established domicile in this state for reasons other than gaining the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall include both of the following documents:
(1) A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent or spouse of the student is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse is the lessee and occupant of rented residential property in the state, a copy of the closing statement on residential real property of which the parent or spouse is the owner and occupant in this state or, if the parent or spouse is not the lessee or owner of the residence in which the parent or spouse has established domicile, a letter from the owner of the residence certifying that the parent or spouse resides at that residence.
Residency officers may also evaluate, in accordance with the chancellor's rule, requests for immediate residency status from dependent students whose parents are not living and whose domicile follows that of a legal guardian who has accepted full-time employment and established domicile in the state for reasons other than gaining the benefit of favorable tuition rates.
(F)(1) The rules of the chancellor for determining student residency shall grant residency status to a person who enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment and satisfies either of the following conditions:
(a)
The person, while a resident of this state for state subsidy and
tuition surcharge purposes, graduated from a high school in this
state or completed the final year of instruction at home as
authorized under section 3321.04
3321.042
of
the Revised Code.
(b) The person meets all of the following criteria:
(i) The person officially withdrew from a school in this state while the person was a resident of this state for state subsidy and tuition surcharge purposes.
(ii) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code or a high school diploma awarded by a school located in another state or country.
(iii) The person, while a resident of this state for state subsidy and tuition surcharge purposes, both took a high school equivalency test and was awarded a certificate of high school equivalence.
(2) The rules of the chancellor for determining student residency shall not grant residency status to an alien if the alien is not also an immigrant or a nonimmigrant.
(G) The rules of the chancellor for determining student residency status shall grant residency status to a person to whom all of the following apply:
(1) The person, while not a resident of this state for state subsidy and tuition surcharge purposes, lives in this state and completes a bachelor's degree program at an institution of higher education in this state.
(2) The person, upon completing that bachelor's degree program, immediately enrolls in a graduate degree program, as determined appropriate by the chancellor, offered at any state institution of higher education.
(3) The person, while enrolled in the graduate degree program, resides in this state.
The chancellor's rules adopted under this section shall define "immediately" for the purposes of division (G) of this section.
(H) As used in this section:
(1) "Dependent," "domicile," "institution of higher education," and "residency officer" have the meanings ascribed in the chancellor's rules adopted under this section.
(2) "Alien" means a person who is not a United States citizen or a United States national.
(3) "Immigrant" means an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside permanently in the United States and to work without restrictions in the United States.
(4) "Nonimmigrant" means an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside temporarily in the United States.
(5) "Veteran" means any person who has completed service in the uniformed services, as defined in section 3511.01 of the Revised Code.
(6) "Service member" has the same meaning as in section 5903.01 of the Revised Code.
(7) "Certificate of high school equivalence" means either of the following:
(a) A certificate of high school equivalence awarded by the department of education and workforce under division (A) of section 3301.80 of the Revised Code;
(b) The equivalent of a certificate of high school equivalence awarded by the state board of education under former law, as defined in division (C)(1) of section 3301.80 of the Revised Code.
Sec. 3333.34. (A) As used in this section:
(1) "Pre-college stackable certificate" means a certificate earned before an adult is enrolled in an institution of higher education that can be transferred to college credit based on standards established by the chancellor of higher education and the department of education and workforce.
(2)
"College-level certificate" means a certificate earned
while an adult is enrolled in an institution of higher education that
can be transferred to college credit based on standards established
by the chancellor and the department
of
education.
(B)
The chancellor and the department
of
education
shall
create a system of pre-college stackable certificates to provide a
clear and accessible path for adults seeking to advance their
education. The system shall do all of the following:
(1) Be uniform across the state;
(2) Be available from an array of providers, including adult career centers, institutions of higher education, and employers;
(3) Be structured to respond to the expectations of both the workplace and higher education;
(4) Be articulated in a way that ensures the most effective interconnection of competencies offered in specialized training programs;
(5) Establish standards for earning pre-college certificates;
(6) Establish transferability of pre-college certificates to college credit.
(C) The chancellor shall develop college-level certificates that can be transferred to college credit in different subject competencies. The certificates shall be based on competencies and experience and not on classroom seat time.
Sec.
3333.35. The
state
board
department
of
education
and
workforce
and
the chancellor of higher education shall strive to reduce unnecessary
student remediation costs incurred by colleges and universities in
this state, increase overall access for students to higher education,
and
enhance
the college credit plus program in accordance with Chapter 3365. of
the Revised Code,
and.
The state board of education shall strive to
enhance
the alternative resident educator licensure program in accordance
with section 3319.26 of the Revised Code.
Sec. 3333.37. As used in sections 3333.37 to 3333.375 of the Revised Code, the following words and terms have the following meanings unless the context indicates a different meaning or intent:
(A) "Cost of attendance" means all costs of a student incurred in connection with a program of study at an eligible institution, as determined by the institution, including tuition; instructional fees; room and board; books, computers, and supplies; and other related fees, charges, and expenses.
(B) "Eligible institution" means one of the following:
(1) A state-assisted post-secondary educational institution within the state;
(2) A nonprofit institution of higher education within the state that holds a certificate of authorization issued under Chapter 1713. of the Revised Code, that is accredited by the appropriate regional and, when appropriate, professional accrediting associations within whose jurisdiction it falls, is authorized to grant a bachelor's degree or higher, and satisfies other conditions as set forth in the policy guidelines;
(3) A private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.
(C) "Eligible student" means either of the following:
(1) An undergraduate student who meets all of the following:
(a) Is a resident of this state;
(b)
Has graduated from any Ohio secondary school for which the
state
board
director
of
education
and
workforce
prescribes
minimum standards in accordance with section 3301.07 of the Revised
Code;
(c) Is attending and in good standing, or has been accepted for attendance, at any eligible institution as a full-time student to pursue a bachelor's degree.
(2) A graduate student who is a resident of this state, and is attending and in good standing, or has been accepted for attendance, at any eligible institution.
(D) "Fellowship" or "fellowship program" means the Ohio priority needs fellowship created by sections 3333.37 to 3333.375 of the Revised Code.
(E) "Full-time student" has the meaning as defined by rule of the chancellor of higher education.
(F) "Ohio outstanding scholar" means a student who is the recipient of a scholarship under sections 3333.37 to 3333.375 of the Revised Code.
(G) "Policy guidelines" means the rules adopted by the chancellor pursuant to section 3333.374 of the Revised Code.
(H) "Priority needs fellow" means a student who is the recipient of a fellowship under sections 3333.37 to 3333.375 of the Revised Code.
(I) "Priority needs field of study" means those academic majors and disciplines as determined by the chancellor that support the purposes and intent of sections 3333.37 to 3333.375 of the Revised Code as described in section 3333.371 of the Revised Code.
(J) "Scholarship" or "scholarship program" means the Ohio outstanding scholarship created by sections 3333.37 to 3333.375 of the Revised Code.
Sec.
3333.39. The
chancellor of higher education and the superintendent
of public instruction department
of education and workforce shall
establish and administer the teach Ohio program to promote and
encourage citizens of this state to consider teaching as a
profession. The program shall include all of the following:
(A)
A statewide program administered by a nonprofit corporation that has
been in existence for at least fifteen years with demonstrated
results in encouraging high school students from economically
disadvantaged groups to enter the teaching profession. The chancellor
and superintendent
the
department jointly
shall select the nonprofit corporation.
(B) The Ohio teaching fellows program established under sections 3333.391 and 3333.392 of the Revised Code;
(C) The Ohio teacher residency program established under section 3319.223 of the Revised Code;
(D) Alternative licensure procedures established under section 3319.26 of the Revised Code;
(E)
Any other program as identified by the chancellor and the
superintendent
department.
Sec. 3333.391. (A) As used in this section and in section 3333.392 of the Revised Code:
(1) "Academic year" shall be as defined by the chancellor of higher education.
(2) "Hard-to-staff school" and "hard-to-staff subject" shall be as defined by the department of education and workforce.
(3) "Parent" means the parent, guardian, or custodian of a qualified student.
(4) "Qualified service" means teaching at a qualifying school.
(5)
"Qualifying school" means a hard-to-staff school district
building or a school district building that has a persistently low
performance rating, as determined jointly by the chancellor and
superintendent
of public instruction
the
department of education and workforce,
under section 3302.03 of the Revised Code at the time the recipient
becomes employed by the district.
(B)
If the chancellor of higher education determines that sufficient
funds are available from general revenue fund appropriations made to
the department of higher education or to the chancellor, the
chancellor and the superintendent
of public instruction department
of education and workforce jointly
may develop and agree on a plan for the Ohio teaching fellows program
to promote and encourage high school seniors to enter and remain in
the teaching profession. Upon agreement of such a plan, the
chancellor shall establish and administer the program in conjunction
with the
superintendent
department
of education and workforce
and
with the cooperation of teacher training institutions. Under the
program, the chancellor annually shall provide scholarships to
students who commit to teaching in a qualifying school for a minimum
of four years upon graduation from a teacher training program at a
state institution of higher education or an Ohio nonprofit
institution of higher education that has a certificate of
authorization under Chapter 1713. of the Revised Code. The
scholarships shall be for up to four years at the undergraduate level
at an amount determined by the chancellor based on state
appropriations.
(C) The chancellor shall adopt a competitive process for awarding scholarships under the teaching fellows program, which shall include minimum grade point average and scores on national standardized tests for college admission. The process shall also give additional consideration to all of the following:
(1) A person who has participated in the program described in division (A) of section 3333.39 of the Revised Code;
(2) A person who plans to specialize in teaching students with special needs;
(3) A person who plans to teach in the disciplines of science, technology, engineering, or mathematics.
The chancellor shall require that all applicants to the teaching fellows program shall file a statement of service status in compliance with section 3345.32 of the Revised Code, if applicable, and that all applicants have not been convicted of, plead guilty to, or adjudicated a delinquent child for any violation listed in section 3333.38 of the Revised Code.
(D) Teaching fellows shall complete the four-year teaching commitment within not more than seven years after graduating from the teacher training program. Failure to fulfill the commitment shall convert the scholarship into a loan to be repaid under section 3333.392 of the Revised Code.
(E) The chancellor shall adopt rules in accordance with Chapter 119. of the Revised Code to administer this section and section 3333.392 of the Revised Code.
Sec. 3333.43. This section does not apply to any baccalaureate degree program that is a cooperative education program, as defined in section 3333.71 of the Revised Code.
(A) The chancellor of higher education shall require all state institutions of higher education that offer baccalaureate degrees, as a condition of reauthorization for certification of each baccalaureate program offered by the institution, to submit a statement describing how each major for which the school offers a baccalaureate degree may be completed within three academic years. The chronology of the statement shall begin with the fall semester of a student's first year of the baccalaureate program.
(B) The statement required under this section may include, but not be limited to, any of the following methods to contribute to earning a baccalaureate degree in three years:
(1) Advanced placement credit;
(2) International baccalaureate program credit;
(3) A waiver of degree and credit-hour requirements by completion of courses that are widely available at community colleges in the state or through online programs offered by state institutions of higher education or private nonprofit institutions of higher education holding certificates of authorization under Chapter 1713. of the Revised Code, and through courses taken by the student through the college credit plus program under Chapter 3365. of the Revised Code;
(4) Completion of coursework during summer sessions;
(5) A waiver of foreign-language degree requirements based on a proficiency examination specified by the institution.
(C)(1) Not later than October 15, 2012, each state institution of higher education shall provide statements required under this section for ten per cent of all baccalaureate degree programs offered by the institution.
(2) Not later than June 30, 2014, each state institution of higher education shall provide statements required under this section for sixty per cent of all baccalaureate degree programs offered by the institution.
(D) Each state institution of higher education required to submit statements under this section shall post its three-year option on its web site and also provide that information to the department of education and workforce. The department shall distribute that information to the superintendent, high school principal, and guidance counselor, or equivalents, of each school district, community school established under Chapter 3314. of the Revised Code, and STEM school established under Chapter 3326. of the Revised Code.
(E) Nothing in this section requires an institution to take any action that would violate the requirements of any independent association accrediting baccalaureate degree programs.
Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of this section, in each academic year, no student who receives a choose Ohio first scholarship shall receive less than one thousand five hundred dollars or more than one-half of the highest in-state undergraduate instructional and general fees charged by all state universities. For this purpose, if Miami university is implementing the pilot tuition restructuring plan originally recognized in Am. Sub. H.B. 95 of the 125th general assembly, that university's instructional and general fees shall be considered to be the average full-time in-state undergraduate instructional and general fee amount after taking into account the Ohio resident and Ohio leader scholarships and any other credit provided to all Ohio residents.
(2) The chancellor of higher education may authorize a state university or college or a nonpublic Ohio institution of higher education to award a choose Ohio first scholarship in the amount of not less than five hundred dollars but not more than one-half of the highest in-state undergraduate instructional and general fees charged by all state universities to a student enrolled in a certificate program designated as an eligible program by the chancellor.
(3) A student receiving multiple awards under division (A) of this section may not exceed the maximum permitted amount for each individual award.
(B) The general assembly intends that money appropriated for the choose Ohio first scholarship program in each fiscal year be used for scholarships in the following academic year.
Sec.
3333.70. (A)
The director
chancellor
of
higher education shall establish and administer the Ohio higher
education innovation grant program to promote educational excellence
and economic efficiency throughout the state in order to stabilize or
reduce student tuition rates at institutions of higher education.
Under the program, the director
chancellor
shall
award grants to state institutions of higher education, as defined in
section 3345.011 of the Revised Code, and private nonprofit
institutions for innovative projects that incorporate academic
achievement and economic efficiencies. State institutions of higher
education and private nonprofit institutions may apply for grants and
initiate collaboration with other institutions of higher education,
either public or private, on such projects.
(B)
The director
chancellor
shall
adopt rules to administer the program including, but not limited to,
requirements that each grant application provides for all of the
following:
(1) A system by which to measure academic achievement and reductions in expenditures, both in funding and administration;
(2) Demonstration of how the project will be sustained beyond the grant period and continue to provide substantial value and lasting impact;
(3) Proof of commitment from all parties responsible for the implementation of the project;
(4) Implementation of an ongoing evaluation process and improvement plans, as necessary.
(C) As used in this section, "private nonprofit institution" means a nonprofit institution in this state that has a certificate of authorization pursuant to Chapter 1713. of the Revised Code.
Sec. 3333.82. (A) The chancellor of higher education shall establish a clearinghouse of digital texts, interactive distance learning courses, and other distance learning courses delivered via a computer-based method offered by school districts, community schools, STEM schools, state institutions of higher education, private colleges and universities, and other nonprofit and for-profit course providers for sharing with other school districts, community schools, STEM schools, state institutions of higher education, private colleges and universities, and individuals for the fee set pursuant to section 3333.84 of the Revised Code. The chancellor shall not be responsible for the content of digital texts or courses offered through the clearinghouse; however, all such digital texts and courses shall be delivered only in accordance with technical specifications approved by the chancellor and on a common statewide platform administered by the chancellor. The chancellor may provide professional development and training on the use of the distance learning clearinghouse.
The clearinghouse's distance learning program for students in grades kindergarten to twelve shall be based on the following principles:
(1) All Ohio students shall have access to high quality digital texts and distance learning courses at any point in their educational careers.
(2) All students shall be able to customize their education using digital texts and distance learning courses offered through the clearinghouse and no student shall be denied access to any digital text or course in the clearinghouse in which the student is eligible to enroll.
(3) Students may take distance learning courses for all or any portion of their curriculum requirements and may utilize a combination of digital texts and distance learning courses and courses taught in a traditional classroom setting.
(4) Students may earn an unlimited number of academic credits through distance learning courses.
(5) Students may take distance learning courses at any time of the calendar year.
(6) Student advancement to higher coursework shall be based on a demonstration of subject area competency instead of completion of any particular number of hours of instruction.
(B) To offer digital texts or a course through the clearinghouse, a provider shall apply to the chancellor in a form and manner prescribed by the chancellor. The application for each digital text or course shall describe the digital text or course of study in as much detail as required by the chancellor, whether an instructor is provided, the qualification and credentials of the instructor, the number of hours of instruction, and any other information required by the chancellor. The chancellor may require course providers to include in their applications information recommended by the state board of education under former section 3353.30 of the Revised Code.
(C) The chancellor shall review the technical specifications of each application submitted under division (B) of this section. In reviewing applications, the chancellor may consult with the department of education and workforce; however, the responsibility to either approve or not approve a digital text or course for the clearinghouse belongs to the chancellor. The chancellor may request additional information from a provider that submits an application under division (B) of this section, if the chancellor determines that such information is necessary. The chancellor may negotiate changes in the proposal to offer a digital text or course, if the chancellor determines that changes are necessary in order to approve the digital text or course.
(D) The chancellor shall catalog each digital text or course approved for the clearinghouse, through a print or electronic medium, displaying the following:
(1) Information necessary for a student and the student's parent, guardian, or custodian and the student's school district, community school, STEM school, college, or university to decide whether to enroll in or subscribe to the course;
(2) Instructions for enrolling in that digital text or course, including deadlines for enrollment.
(E) Any expenses related to the installation of a course into the common statewide platform shall be borne by the course provider.
(F) The chancellor may contract with an entity to perform any or all of the chancellor's duties under sections 3333.81 to 3333.88 of the Revised Code.
Sec.
3333.86. The
chancellor of higher education may determine the manner in which a
course included in the clearinghouse may be offered as an advanced
standing program as defined in section 3313.6013 of the Revised Code,
may be offered to students who are enrolled in nonpublic schools or
are instructed at home pursuant to section 3321.04
3321.042
of
the Revised Code, or may be offered at times outside the normal
school day or school week, including any necessary additional fees
and methods of payment for a course so offered.
Sec.
3333.87. The
chancellor of higher education and the state
board department
of
education
and
workforce
jointly,
and in consultation with the director of the governor's office of
21st century education,
shall
adopt rules in accordance with Chapter 119. of the Revised Code
prescribing procedures for the implementation of sections 3333.81 to
3333.86 of the Revised Code.
Sec.
3333.91. The
governor's office of workforce transformation, in collaboration with
the chancellor of higher education, the
superintendent
of public instruction
director
of education and workforce,
and the department of job and family services, shall develop and
submit to the appropriate federal agency a single, state unified plan
required under the "Workforce Innovation and Opportunity Act,"
29 U.S.C. 3101 et seq., which shall include the information required
for the adult basic and literacy education program administered by
the United States secretary of education and the "Carl D.
Perkins Vocational and Technical Education Act," 20 U.S.C. 2301,
et seq., as amended. Following the plan's initial submission to the
appropriate federal agency, the governor's office of workforce
transformation may update it as necessary. If the plan is updated,
the governor's office of workforce transformation shall submit the
updated plan to the appropriate federal agency.
Sec. 3335.36. The board of trustees of the Ohio state university may employ such employees as it considers appropriate for the conduct of educational programs of OSU extension and may provide for the payment from the OSU extension fund created by section 3335.35 of the Revised Code of reasonable compensation to such employees and of reasonable expenses incurred by them in the discharge of their duties, including expenses of travel and of maintaining, equipping, and supplying their offices.
The employees shall cooperate with the department of agriculture, the Ohio agricultural research and development center, the department of education and workforce, and the United States department of agriculture, for the purpose of making available the educational materials of OSU extension. The employees shall represent the university and shall conduct educational activities related to agriculture, natural resources, community development, family and consumer sciences, and 4-H programs for the citizens of this state through personal instruction, bulletins, practical demonstrations, mass media, and otherwise, subject to such rules as may be prescribed by the board of trustees of the university. The employees shall have offices provided by the county or other political subdivision in which they serve in which bulletins and other educational materials of value to the people may be consulted and through which the employees may be reached.
The board of trustees of the Ohio state university may hire or use employees of OSU extension to carry out the functions and duties of a director of economic development under division (B) of section 307.07 of the Revised Code pursuant to any agreement with a county under division (A)(2) of section 307.07 of the Revised Code.
Sec. 3335.61. There is hereby created a brain injury advisory committee, which shall advise the brain injury program with regard to unmet needs of survivors of brain injury, development of programs for survivors and their families, establishment of training programs for health care professionals, and any other matter within the province of the brain injury program. The committee shall consist of not fewer than nineteen and not more than twenty-one members as follows:
(A) Not fewer than ten and not more than twelve members appointed by the dean of the college of medicine of the Ohio state university, including all of the following: a survivor of brain injury, a relative of a survivor of brain injury, a licensed physician recommended by the Ohio chapter of the American college of emergency physicians, a licensed physician recommended by the Ohio state medical association, one other health care professional, a rehabilitation professional, an individual who represents the brain injury association of Ohio, and not fewer than three nor more than five individuals who shall represent the public;
(B)
The directors of the departments of health, mental health and drug
addiction services, developmental disabilities, aging, and public
safety; the medicaid director; the administrator of workers'
compensation; the superintendent
of public instructiondirector
of education and workforce;
and the executive director of the opportunities for Ohioans with
disabilities agency. Any of the officials specified in this division
may designate an individual to serve in the official's place as a
member of the committee.
Terms of office of the appointed members shall be two years. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term.
Members of the committee shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
Sec. 3343.05. The board of trustees of Central state university shall take, keep, and maintain exclusive authority, direction, supervision, and control over the operations and conduct of such university, so as to assure for said university the best attainable results with the aid secured to it from the state.
The board shall provide courses of study in accordance with the standards of the department of education and workforce, and create, establish, provide for, and maintain such industrial, vocational, agricultural, home economics, commercial, business administration, technical, and collegiate subjects leading to the bachelors degree in arts and sciences. The board may provide for other courses and degrees.
Sec. 3345.06. (A) Subject to divisions (B) and (C) of this section, a graduate of the twelfth grade shall be entitled to admission without examination to any college or university which is supported wholly or in part by the state, but for unconditional admission may be required to complete such units not included in the graduate's high school course as may be prescribed, not less than two years prior to the graduate's entrance, by the faculty of the institution.
(B) Beginning with the 2014-2015 academic year, each state university listed in section 3345.011 of the Revised Code, except for Central state university, Shawnee state university, and Youngstown state university, shall permit a resident of this state who entered ninth grade for the first time on or after July 1, 2010, to begin undergraduate coursework at the university only if the person has successfully completed the requirements for high school graduation prescribed in division (C) of section 3313.603 of the Revised Code, unless one of the following applies:
(1) The person has earned at least ten semester hours, or the equivalent, at a community college, state community college, university branch, technical college, or another post-secondary institution except a state university to which division (B) of this section applies, in courses that are college-credit-bearing and may be applied toward the requirements for a degree. The university shall grant credit for successful completion of those courses pursuant to any applicable articulation and transfer policy of the chancellor of higher education or any agreements the university has entered into in accordance with policies and procedures adopted under section 3333.16, 3333.161, or 3333.162 of the Revised Code. The university may count college credit that the student earned while in high school through the college credit plus program under Chapter 3365. of the Revised Code, or through other advanced standing programs, toward the requirements of division (B)(1) of this section if the credit may be applied toward a degree.
(2) The person qualified to graduate from high school under division (D) or (F) of section 3313.603 of the Revised Code and has successfully completed the topics or courses that the person lacked to graduate under division (C) of that section at any post-secondary institution or at a summer program at the state university. A state university may admit a person for enrollment contingent upon completion of such topics or courses or summer program.
(3) The person met the high school graduation requirements by successfully completing the person's individualized education program developed under section 3323.08 of the Revised Code.
(4)
The person is receiving or has completed the final year of
instruction at home as authorized under section 3321.04
3321.042
of
the Revised Code, or has graduated from a nonchartered, nonpublic
school in Ohio, and demonstrates mastery of the academic content and
skills in reading, writing, and mathematics needed to successfully
complete introductory level coursework at an institution of higher
education and to avoid remedial coursework.
(5) The person is a high school student participating in the college credit plus program under Chapter 3365. of the Revised Code or another advanced standing program.
(C) A state university subject to division (B) of this section may delay admission for or admit conditionally an undergraduate student who has successfully completed the requirements prescribed in division (C) of section 3313.603 of the Revised Code if the university determines the student requires academic remedial or developmental coursework. The university may delay admission pending, or make admission conditional upon, the student's successful completion of the academic remedial or developmental coursework at a university branch, community college, state community college, or technical college.
(D) This section does not deny the right of a college of law, medicine, or other specialized education to require college training for admission, or the right of a department of music or other art to require particular preliminary training or talent.
Sec. 3345.061. (A) Ohio's two-year institutions of higher education are respected points of entry for students embarking on post-secondary careers and courses completed at those institutions are transferable to state universities in accordance with articulation and transfer agreements developed under sections 3333.16, 3333.161, and 3333.162 of the Revised Code.
(B) Beginning with undergraduate students who commence undergraduate studies in the 2014-2015 academic year, no state university listed in section 3345.011 of the Revised Code, except Central state university, Shawnee state university, and Youngstown state university, shall receive any state operating subsidies for any academic remedial or developmental courses for undergraduate students, including courses prescribed in division (C) of section 3313.603 of the Revised Code, offered at its main campus, except as provided in divisions (B)(1) to (4) of this section.
(1) In the 2014-2015 and 2015-2016 academic years, a state university may receive state operating subsidies for academic remedial or developmental courses completed at the main campus for not more than three per cent of the total undergraduate credit hours provided by the university at its main campus.
(2) In the 2016-2017 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses completed at the main campus for not more than fifteen per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
(3) In the 2017-2018 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses completed at the main campus for not more than ten per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
(4) In the 2018-2019 academic year, a state university may receive state operating subsidies for academic remedial or developmental courses completed at the main campus for not more than five per cent of the first-year students who have graduated from high school within the previous twelve months and who are enrolled in the university at its main campus, as calculated on a full-time-equivalent basis.
Each state university may continue to offer academic remedial and developmental courses at its main campus beyond the extent for which state operating subsidies may be paid under this division and may continue to offer such courses beyond the 2018-2019 academic year. However, the main campus of a state university shall not receive any state operating subsidies for such courses above the maximum amounts permitted in this division.
(C) Except as otherwise provided in division (B) of this section, beginning with students who commence undergraduate studies in the 2014-2015 academic year, state operating subsidies for academic remedial or developmental courses offered by state institutions of higher education may be paid only to Central state university, Shawnee state university, Youngstown state university, any university branch, any community college, any state community college, or any technical college.
(D) Each state university shall grant credit for academic remedial or developmental courses successfully completed at an institution described in division (C) of this section pursuant to any applicable articulation and transfer agreements the university has entered into in accordance with policies and procedures adopted under section 3333.16, 3333.161, or 3333.162 of the Revised Code.
(E) The chancellor of higher education shall do all of the following:
(1) Withhold state operating subsidies for academic remedial or developmental courses provided by a main campus of a state university as required in order to conform to divisions (B) and (C) of this section;
(2) Adopt uniform statewide standards for academic remedial and developmental courses offered by all state institutions of higher education;
(3) Encourage and assist in the design and establishment of academic remedial and developmental courses by institutions of higher education;
(4) Define "academic year" for purposes of this section and section 3345.06 of the Revised Code;
(5) Encourage and assist in the development of articulation and transfer agreements between state universities and other institutions of higher education in accordance with policies and procedures adopted under sections 3333.16, 3333.161, and 3333.162 of the Revised Code.
(F) Not later than December 31, 2012, the presidents, or equivalent position, of all state institutions of higher education, or their designees, jointly shall establish uniform statewide standards in mathematics, science, reading, and writing each student enrolled in a state institution of higher education must meet to be considered in remediation-free status. The presidents also shall establish assessments, if they deem necessary, to determine if a student meets the standards adopted under this division. Each institution is responsible for assessing the needs of its enrolled students in the manner adopted by the presidents. The board of trustees or managing authority of each state institution of higher education shall adopt the remediation-free status standard, and any related assessments, into the institution's policies.
The chancellor shall assist in coordinating the work of the presidents under this division. The chancellor shall monitor the standards in mathematics, science, reading, and writing established under division (F) of this section to ensure that the standards adequately demonstrate a student's remediation-free status.
(G)
Each year, not later than a date established by the chancellor, each
state institution of higher education shall report to the governor,
the general assembly, the chancellor, and the superintendent
of public instruction department
of education and workforce all
of the following for the prior academic year:
(1) The institution's aggregate costs for providing academic remedial or developmental courses;
(2) The amount of those costs disaggregated according to the city, local, or exempted village school districts from which the students taking those courses received their high school diplomas;
(3) Any other information with respect to academic remedial and developmental courses that the chancellor considers appropriate.
(H)
Not
Annually,
not later
than December
31, 2011, and the
thirty-first day of each December
thereafter,
the chancellor and the superintendent
of public instruction department
of education and workforce shall
issue a report recommending policies and strategies for reducing the
need for academic remediation and developmental courses at state
institutions of higher education.
(I) As used in this section, "state institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
Sec.
3345.062. (A)
Not
Annually,
not later
than December
31, 2017, and each the
thirty-first
day of December
thereafter,
the president, or equivalent position, of each state university shall
issue a report regarding the remediation of students that includes
all of the following:
(1) The number of enrolled students that require remedial education;
(2) The cost of remedial coursework the state university provides;
(3) The specific areas of remediation provided by the state university;
(4) Causes for remediation.
(B)
Each president, or equivalent, shall present the findings of the
report to the state university's board of trustees and shall submit a
copy of the report to the chancellor of higher education and the
superintendent
of public instructiondepartment
of education and workforce.
(C) As used in this section, "state university" has the same meaning as in section 3345.011 of the Revised Code.
Sec. 3345.86. (A) As used in this section, an "eligible institution" means a community college established under Chapter 3354. of the Revised Code, a university branch established under Chapter 3355. of the Revised Code, a technical college established under Chapter 3357. of the Revised Code, or a state community college established under Chapter 3358. of the Revised Code.
(B) An individual who is at least twenty-two years of age and who is an eligible individual as defined in section 3317.23 of the Revised Code may enroll in an eligible institution for up to two consecutive school years for the purpose of completing the requirements to earn a high school diploma. An individual enrolled under this division may elect to satisfy these requirements by successfully completing a competency-based educational program, as defined in section 3317.02 of the Revised Code, that complies with the standards adopted by the department of education and workforce under section 3317.231 of the Revised Code.
The eligible institution in which the individual enrolls shall report that individual's enrollment on a full-time equivalency basis to the department.
(C)(1) For each eligible institution that enrolls individuals under division (B) of this section, the department annually shall certify the enrollment and attendance, on a full-time equivalency basis, of each individual reported by the institution under that division.
(2) For each individual enrolled in an eligible institution under division (B) of this section, the department annually shall pay the institution up to $5,000, as determined by the department based on the extent of the individual's successful completion of the graduation requirements prescribed under sections 3313.603, 3313.61, 3313.611, and 3313.614 of the Revised Code.
(D) If an individual enrolled in an eligible institution under division (B) of this section completes the requirements to earn a high school diploma, the institution shall certify the completion of those requirements to the city, local, or exempted village school district in which the individual resides. Upon receiving certification under this division, the city, local, or exempted village school district in which the individual resides shall issue a high school diploma to the individual within sixty days of receipt of the certification.
(E) An eligible institution that enrolls individuals under division (B) of this section shall be subject to the program administration standards adopted by the department under section 3317.231 of the Revised Code, as applicable.
Sec. 3353.02. (A) There is hereby created the broadcast educational media commission as an independent agency to advance education and accelerate the learning of the citizens of this state through public educational broadcasting services. The commission shall provide leadership and support in extending the knowledge of the citizens of this state by promoting access to and use of educational broadcasting services, including educational television and radio and radio reading services. The commission also shall administer programs to provide financial and other assistance to educational television and radio and radio reading services.
The commission is a body corporate and politic, an agency of the state performing essential governmental functions of the state.
(B)
The commission shall consist of fifteen members, eleven of whom shall
be voting members. Nine of the voting members shall be
representatives of the public selected from among leading citizens in
the state who have demonstrated interest in educational broadcast
media through service on boards or advisory councils of educational
television stations, educational radio stations, educational
technology agencies, or radio reading services. Of the
representatives of the public, three shall be appointed by the
governor with the advice and consent of the senate, three shall be
appointed by the speaker of the house of representatives, and three
shall be appointed by the president of the senate. Not more than two
members appointed by the speaker of the house of representatives and
not more than two members appointed by the president of the senate
shall be of the same political party. The superintendent
director
of
public
instruction education
and workforce or
a designee of the superintendent
director
and
the chancellor of the
Ohio board of regents higher
education or
a designee of the chancellor shall be ex officio voting members. Of
the nonvoting members, two shall be members of the house of
representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed by
the president of the senate. The members appointed from each chamber
shall not be members of the same political party.
(C) Initial terms of office for appointed voting members shall be as follows:
(1) For one member appointed by each of the governor, speaker of the house of representatives, and president of the senate, one year;
(2) For one member appointed by each of the governor, speaker of the house of representatives, and president of the senate, two years;
(3) For one member appointed by each of the governor, speaker of the house of representatives, and president of the senate, three years. At the first meeting of the commission, such members shall draw lots to determine the length of the term each member will serve. Thereafter, terms of office for such members shall be for four years. Any member who is a representative of the public may be reappointed by the member's respective appointing authority, but no such member may serve more than two consecutive four-year terms. Such a member may be removed by the member's respective appointing authority for cause.
Any legislative member appointed by the speaker of the house of representatives or the president of the senate who ceases to be a member of the legislative chamber from which the member was appointed shall cease to be a member of the commission. The speaker of the house of representatives and the president of the senate may remove their respective appointments to the commission at any time.
(D) Vacancies among appointed members shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(E) Members of the commission shall serve without compensation. The members who are representatives of the public shall be reimbursed, pursuant to office of budget and management guidelines, for actual and necessary expenses incurred in the performance of official duties.
(F) The governor shall appoint the chairperson of the commission from among the commission's public voting members. The chairperson shall serve a term of two years and may be reappointed. The commission shall elect other officers as necessary from among its voting members and shall prescribe its rules of procedure.
Sec. 3365.01. As used in this chapter:
(A) "Articulated credit" means post-secondary credit that is reflected on the official record of a student at an institution of higher education only upon enrollment at that institution after graduation from a secondary school.
(B) "Default ceiling amount" means one of the following amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a semester schedule, the amount calculated according to the following formula:
((0.83 X formula amount) / 30)
X number of enrolled credit hours
(2) For a participant enrolled in a college operating on a quarter schedule, the amount calculated according to the following formula:
((0.83 X formula amount) / 45)
X number of enrolled credit hours
(C) "Default floor amount" means twenty-five per cent of the default ceiling amount.
(D) "Eligible out-of-state college" means any institution of higher education that is located outside of Ohio and is approved by the chancellor of higher education to participate in the college credit plus program.
(E) "Fee" means any course-related fee and any other fee imposed by the college, but not included in tuition, for participation in the program established by this chapter.
(F) "Formula amount" means $6,020.
(G) "Governing entity" means any of the following:
(1) A board of education of a school district;
(2) A governing authority of a community school established under Chapter 3314. of the Revised Code;
(3) A governing body of a STEM school established under Chapter 3326. of the Revised Code;
(4) A board of trustees of a college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(5)
When referring to the state school for the deaf or the state school
for the blind, the state
board of educationdepartment
of education and workforce;
(6) When referring to an institution operated by the department of youth services, the superintendent of that institution.
(H)
"Home-instructed participant" means a student who has been
excused from the compulsory attendance law for the purpose of home
instruction
education
under
section 3321.04
3321.042
of
the Revised Code, and is participating in the program established by
this chapter.
(I) "Maximum per participant charge amount" means one of the following amounts, whichever is applicable:
(1) For a participant enrolled in a college operating on a semester schedule, the amount calculated according to the following formula:
((formula amount / 30)
X number of enrolled credit hours)
(2) For a participant enrolled in a college operating on a quarter schedule, the amount calculated according to the following formula:
((formula amount / 45)
X number of enrolled credit hours)
(J)
"Nonpublic secondary school" means a chartered school for
which minimum standards are prescribed by the state
board director
of
education
and
workforce
pursuant
to division (D) of section 3301.07 of the Revised Code.
(K) "Number of enrolled credit hours" means the number of credit hours for a course in which a participant is enrolled during the previous term after the date on which a withdrawal from a course would have negatively affected the participant's transcripted grade, as prescribed by the college's established withdrawal policy.
(L) "Parent" has the same meaning as in section 3313.64 of the Revised Code.
(M) "Participant" means any student enrolled in a college under the program established by this chapter.
(N) "Partnering college" means a college with which a public or nonpublic secondary school has entered into an agreement in order to offer the program established by this chapter.
(O) "Partnering secondary school" means a public or nonpublic secondary school with which a college has entered into an agreement in order to offer the program established by this chapter.
(P) "Private college" means any of the following:
(1) A nonprofit institution holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code;
(2) An institution holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code;
(3) A private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.
(Q) "Public college" means a "state institution of higher education" in section 3345.011 of the Revised Code, excluding the northeast Ohio medical university.
(R) "Public secondary school" means a school serving grades nine through twelve in a city, local, or exempted village school district, a joint vocational school district, a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, a college-preparatory boarding school established under Chapter 3328. of the Revised Code, the state school for the deaf, the state school for the blind, or an institution operated by the department of youth services.
(S) "School year" has the same meaning as in section 3313.62 of the Revised Code.
(T) "Secondary grade" means any of grades nine through twelve.
(U) "Standard rate" means the amount per credit hour assessed by the college for an in-state student who is enrolled in an undergraduate course at that college, but who is not participating in the college credit plus program, as prescribed by the college's established tuition policy.
(V) "Transcripted credit" means post-secondary credit that is conferred by an institution of higher education and is reflected on a student's official record at that institution upon completion of a course.
Sec. 3365.02. (A) There is hereby established the college credit plus program under which, beginning with the 2015-2016 school year, a secondary grade student who is a resident of this state may enroll at a college, on a full- or part-time basis, and complete nonsectarian, nonremedial courses for high school and college credit. The program shall govern arrangements in which a secondary grade student enrolls in a college and, upon successful completion of coursework taken under the program, receives transcripted credit from the college. The following are not governed by the college credit plus program:
(1)
An agreement governing an early college high school program, provided
the program meets the definition set forth in division (F)(2) of
section 3313.6013 of the Revised Code and is approved by the
superintendent
of public instruction department
of education and workforce and
the chancellor of higher education;
(2) An advanced placement course or international baccalaureate diploma course, as described in divisions (A)(2) and (3) of section 3313.6013 of the Revised Code;
(3)
A career-technical education program that is approved by the
department
of
education
under
section 3317.161 of the Revised Code and grants articulated credit to
students participating in that program. However, any portion of an
approved program that results in the conferral of transcripted credit
upon the completion of the course shall be governed by the college
credit plus program.
(B)
Any student enrolled in a public or nonpublic secondary school in the
student's ninth, tenth, eleventh, or twelfth grade; any student
enrolled in a nonchartered nonpublic secondary school in the
student's ninth, tenth, eleventh, or twelfth grade; and any student
who has been excused from the compulsory attendance law for the
purpose of home instruction
education
under
section 3321.04
3321.042
of
the Revised Code and is the equivalent of a ninth, tenth, eleventh,
or twelfth grade student, may participate in the program, if the
student meets the applicable eligibility criteria in section 3365.03
of the Revised Code. If a nonchartered nonpublic secondary school
student chooses to participate in the program, that student shall be
subject to the same requirements as a home-instructed student who
chooses to participate in the program under this chapter.
(C) All public secondary schools and all public colleges shall participate in the program and are subject to the requirements of this chapter. Any nonpublic secondary school or private college that chooses to participate in the program shall also be subject to the requirements of this chapter.
(D)
The chancellor, in accordance with Chapter 119. of the Revised Code
and in consultation with the
state
superintendent
department,
shall adopt rules governing the program.
Sec.
3365.03. (A)
A student enrolled in a public or nonpublic secondary school during
the student's ninth, tenth, eleventh, or twelfth grade school year; a
student enrolled in a nonchartered nonpublic secondary school in the
student's ninth, tenth, eleventh, or twelfth grade school year; or a
student who has been excused from the compulsory attendance law for
the purpose of home instruction
education
under
section 3321.043321.042
of
the Revised Code and is the equivalent of a ninth, tenth, eleventh,
or twelfth grade student, may apply to and enroll in a college under
the college credit plus program.
(1) In order for a public secondary school student to participate in the program, all of the following criteria shall be met:
(a) The student or the student's parent shall inform the principal, or equivalent, of the student's school by the first day of April of the student's intent to participate in the program during the following school year. Any student who fails to provide the notification by the required date may not participate in the program during the following school year without the written consent of the principal, or equivalent. If a student seeks consent from the principal after failing to provide notification by the required date, the principal shall notify the department of education and workforce of the student's intent to participate within ten days of the date on which the student seeks consent. If the principal does not provide written consent, the student may appeal the principal's decision to the governing entity of the school, except for a student who is enrolled in a school district, who may appeal the decision to the district superintendent. Not later than thirty days after the notification of the appeal, the district superintendent or governing entity shall hear the appeal and shall make a decision to either grant or deny that student's participation in the program. The decision of the district superintendent or governing entity shall be final.
(b) The student shall:
(i) Apply to a public or a participating private college, or an eligible out-of-state college participating in the program, in accordance with the college's established procedures for admission, pursuant to section 3365.05 of the Revised Code;
(ii) As a condition of eligibility, satisfy one of the following criteria:
(I) Be remediation-free, in accordance with one of the assessments established under division (F) of section 3345.061 of the Revised Code;
(II)
Meet an alternative remediation-free eligibility option, as defined
by the chancellor of higher education, in consultation with the
superintendent
of public instruction
department,
in rules adopted under this section;
(III)
Have participated in the program prior to the
effective date of this amendment September
30, 2021, and
qualified to participate in the program by scoring within one
standard error of measurement below the remediation-free threshold
for one of the assessments established under division (F) of section
3345.061 of the Revised Code and satisfying one of the conditions
specified under division (A)(1)(b)(ii)(I) or (II) of this section as
those divisions existed prior to the
effective date of this amendment September
30, 2021.
(iii) Meet the college's and relevant academic program's established standards for admission, enrollment, and course placement, including course-specific capacity limitations, pursuant to section 3365.05 of the Revised Code.
(c) The student shall elect at the time of enrollment to participate under either division (A) or (B) of section 3365.06 of the Revised Code for each course under the program.
(d) The student and the student's parent shall sign a form, provided by the school, stating that they have received the counseling required under division (B) of section 3365.04 of the Revised Code and that they understand the responsibilities they must assume in the program.
(2) In order for a nonpublic secondary school student, a nonchartered nonpublic secondary school student, or a home-instructed student to participate in the program, both of the following criteria shall be met:
(a) The student shall meet the criteria in divisions (A)(1)(b) and (c) of this section.
(b)(i)
If the student is enrolled in a nonpublic secondary school, that
student shall send to the department
of
education
a
copy of the student's acceptance from a college and an application.
The application shall be made on forms provided by the state
board of education department
and
shall include information about the student's proposed participation,
including the school year in which the student wishes to participate;
and the semesters or terms the student wishes to enroll during such
year. The department shall mark each application with the date and
time of receipt.
(ii) If the student is enrolled in a nonchartered nonpublic secondary school or is home-instructed, the parent or guardian of that student shall notify the department by the first day of April prior to the school year in which the student wishes to participate.
(B) Except as provided for in division (C) of this section and in sections 3365.031 and 3365.032 of the Revised Code:
(1) No public secondary school shall prohibit a student enrolled in that school from participating in the program if that student meets all of the criteria in division (A)(1) of this section.
(2)
No participating nonpublic secondary school shall prohibit a student
enrolled in that school from participating in the program if the
student meets all of the criteria in division (A)(2) of this section
and, if the student is enrolled under division (B) of section 3365.06
of the Revised Code, the student is awarded funding from the
department in accordance with rules adopted by the chancellor, in
consultation with the superintendent
of public instruction
department,
pursuant to section 3365.071 of the Revised Code.
(C) For purposes of this section, during the period of an expulsion imposed by a public secondary school, a student is ineligible to apply to enroll in a college under this section, unless the student is admitted to another public secondary or participating nonpublic secondary school. If a student is enrolled in a college under this section at the time the student is expelled, the student's status for the remainder of the college term in which the expulsion is imposed shall be determined under section 3365.032 of the Revised Code.
(D) Upon a student's graduation from high school, participation in the college credit plus program shall not affect the student's eligibility at any public college for scholarships or for other benefits or opportunities that are available to first-time college students and are awarded by that college, regardless of the number of credit hours that the student completed under the program.
(E) The college to which a student applies to participate under this section shall pay for one assessment used to determine that student's eligibility under this section. However, notwithstanding anything to the contrary in Chapter 3365. of the Revised Code, any additional assessments used to determine the student's eligibility shall be the financial responsibility of the student.
Sec. 3365.032. (A) For purposes of this section:
(1) The "expulsion of a student" or "expelling a student" means the following:
(a) For a public secondary school that is a school operated by a city, local, exempted village, or joint vocational school district, community school established under Chapter 3314. of the Revised Code, or STEM school established under Chapter 3326. of the Revised Code, the expulsion of a student or the act of expelling a student under division (B) of section 3313.66 of the Revised Code;
(b) For a public secondary school that is a college-preparatory boarding school, the expulsion of a student or the act of expelling a student in accordance with the school's bylaws adopted pursuant to section 3328.13 of the Revised Code;
(c)
For a public secondary school that is the state school for the deaf
or the state school for the blind, the expulsion of a student or the
act of expelling a student in accordance with rules adopted by the
state
board department
of
education
and
workforce.
(2) A "policy to deny high school credit for courses taken under the college credit plus program during an expulsion" means the following:
(a) For a public secondary school that is a school operated by a city, local, exempted village, or joint vocational school district, community school established under Chapter 3314. of the Revised Code, or STEM school established under Chapter 3326. of the Revised Code, a policy adopted under section 3313.613 of the Revised Code;
(b) For a college-preparatory boarding school established under Chapter 3328. of the Revised Code, a policy adopted in accordance with the school's bylaws adopted pursuant to section 3328.13 of the Revised Code;
(c)
For the state school for the deaf or the state school for the blind,
a policy adopted in accordance with any rules adopted by the state
board department
requiring
such a policy.
(B) When a public secondary school expels a student, the superintendent, or equivalent, shall send a written notice of the expulsion to any college in which the expelled student is enrolled under section 3365.03 of the Revised Code at the time the expulsion is imposed. The notice shall indicate the date the expulsion is scheduled to expire. The notice also shall indicate whether the school has adopted a policy to deny high school credit for courses taken under the college credit plus program during an expulsion. If the expulsion is extended, the superintendent, or equivalent, shall notify the college of the extension.
(C) A college may withdraw its acceptance under section 3365.03 of the Revised Code of a student who is expelled from school. As provided in section 3365.03 of the Revised Code, regardless of whether the college withdraws its acceptance of the student for the college term in which the student is expelled, the student is ineligible to enroll in a college under that section for subsequent college terms during the period of the expulsion, unless the student enrolls in another public school or a participating nonpublic school during that period.
If a college withdraws its acceptance of an expelled student who elected either option of division (A)(1) or (2) of section 3365.06 of the Revised Code, the college shall refund tuition and fees paid by the student in the same proportion that it refunds tuition and fees to students who voluntarily withdraw from the college at the same time in the term.
If a college withdraws its acceptance of an expelled student who elected the option of division (B) of section 3365.06 of the Revised Code, the public school shall not award high school credit for the college courses in which the student was enrolled at the time the college withdrew its acceptance, and any reimbursement under section 3365.07 of the Revised Code for the student's attendance prior to the withdrawal shall be the same as would be paid for a student who voluntarily withdrew from the college at the same time in the term. If the withdrawal results in the college's receiving no reimbursement, the college or secondary school may require the student to return or pay for any textbooks and materials it provided the student free of charge.
(D) When a student who elected the option of division (B) of section 3365.06 of the Revised Code is expelled from a public school that has adopted a policy to deny high school credit for courses taken under the college credit plus program during an expulsion, that election is automatically revoked for all college courses in which the student is enrolled during the college term in which the expulsion is imposed. Any reimbursement under section 3365.07 of the Revised Code for the student's attendance prior to the expulsion shall be the same as would be paid for a student who voluntarily withdrew from the college at the same time in the term. If the revocation results in the college's receiving no reimbursement, the college or secondary school may require the student to return or pay for any textbooks and materials it provided the student free of charge.
Not later than five days after receiving an expulsion notice from the superintendent, or equivalent, of a public school that has adopted a policy to deny high school credit for courses taken under the college credit plus program during an expulsion, the college shall send a written notice to the expelled student that the student's election of division (B) of section 3365.06 of the Revised Code is revoked. If the college elects not to withdraw its acceptance of the student, the student shall pay all applicable tuition and fees for the college courses and shall pay for any textbooks and materials that the college or secondary school provided to the student.
Sec.
3365.033. (A)
Notwithstanding anything to the contrary in Chapter 3365. of the
Revised Code, any student enrolled in a public or nonpublic secondary
school in the student's seventh or eighth grade; any student enrolled
in a nonchartered nonpublic secondary school in the student's seventh
or eighth grade; and any student who has been excused from the
compulsory attendance law for the purpose of home instruction
education
under
section 3321.043321.042
of
the Revised Code and is the equivalent of a seventh or eighth grade
student, may participate in the college credit plus program, if the
student meets the applicable eligibility criteria required of
secondary grade students for participation. Participants under this
section shall be subject to the same requirements as secondary grade
participants under this chapter.
(B) Participants under this section shall receive high school and college credit for courses taken under the program, in accordance with the option elected under section 3365.06 of the Revised Code. High school credit earned under the program shall be awarded in the same manner as for secondary grade participants.
(C) If a participant under this section elects to have the college reimbursed under section 3365.07 of the Revised Code for courses taken under the program, the department shall reimburse the college in the same manner as for secondary grade participants in accordance with that section.
(D) Notwithstanding section 3327.01 of the Revised Code, the parent or guardian of a participant under this section shall be responsible for any transportation for the participant related to participation in the program.
Sec. 3365.034. (A) Notwithstanding anything to the contrary in the Revised Code, a student who is eligible to participate in the college credit plus program under section 3365.03 or 3365.033 of the Revised Code may participate in the program during the summer term of a public or participating private college or an eligible out-of-state college participating in the program.
Unless otherwise specified, if a student participates in the college credit plus program under this section, all requirements of the program shall apply.
(B)(1) In order for a public secondary school student to participate under this section, the student shall meet the criteria in division (A)(1) of section 3365.03 of the Revised Code, except that the student or the student's parent shall inform the principal, or equivalent, of the student's school by the date designated by rule of the chancellor of higher education, pursuant to division (E) of this section, of the student's intent to participate in the program during the summer term.
(2) In order for a nonpublic secondary school student, a nonchartered nonpublic secondary school student, or a home-instructed student to participate under this section, the student shall meet the applicable criteria in division (A)(2) of section 3365.03 of the Revised Code, except that the parent or guardian of a nonchartered nonpublic secondary school student or a home-instructed student shall notify the department of education and workforce by the date designated by rule of the chancellor of higher education, pursuant to division (E) of this section, of the student's intent to participate in the program during the summer term.
(C) If a participant under this section elects to have the college reimbursed under section 3365.07 of the Revised Code for courses taken under the program, the department shall reimburse the college in the same manner as for students who participate during the school year in accordance with that section, except that the department shall make the applicable payments each September, or as soon as possible thereafter.
(D) Notwithstanding section 3327.01 of the Revised Code, the participant or the participant's parent or guardian shall be responsible for any transportation related to participation in the program during the summer term.
(E)
The chancellor of higher education, in accordance with Chapter 119.
of the Revised Code and in consultation with the superintendent
of public instruction
department
of education and workforce,
shall adopt rules for the administration of this section. The rules
shall include the dates by which the student or student's parent must
provide notification of the student's intent to participate in the
program during the summer term.
Sec. 3365.035. (A) As used in this section, "mature subject matter" means any course subject matter or material of a graphic, explicit, violent, or sexual nature.
(B) The department of education and workforce and the department of higher education shall jointly develop a permission slip regarding the potential for mature subject matter in a course taken through the college credit plus program. The departments shall post the permission slip in a prominent place on their college credit plus program web sites.
(C) For a student enrolled in a public, chartered nonpublic, or nonchartered nonpublic school or a home-instructed student to enroll in any college course under the college credit plus program, the parent of the student and the student shall sign and include the permission slip described in division (B) of this section within the student's application to the public college, participating private college, or eligible out-of-state college in which the student wishes to enroll.
(D) Each public and participating private college and eligible out-of-state college participating in the program, upon admitting a student under the program, shall include in the college's enrollment materials the following:
(1) A questionnaire for students, developed by the college, to answer in the affirmative acknowledging that the student possesses the necessary social and emotional maturity and is ready to accept the responsibility and independence that a college classroom demands and to resubmit to the college;
(2) Guidance on reviewing any course materials available prior to enrolling in a course;
(3) Information about the college's and the program's policies on withdrawing from or dropping a course;
(4) Information about the student's right to speak with the student's high school counselor or with the academic advisor assigned to the student as prescribed in division (F) of section 3365.05 of the Revised Code.
(E) Each public and participating private college and eligible out-of-state college participating in the program shall include a discussion at student orientation about the potential for mature subject matter in courses taken through the program.
(F) The department of education and workforce, the department of higher education, and each public and participating private college and eligible out-of-state college participating in the program shall post in a prominent place on their college credit plus program web sites the following disclaimer:
"The subject matter of a course enrolled in under the college credit plus program may include mature subject matter or materials, including those of a graphic, explicit, violent, or sexual nature, that will not be modified based upon college credit plus enrollee participation regardless of where course instruction occurs."
Sec. 3365.04. Each public and participating nonpublic secondary school shall do all of the following with respect to the college credit plus program:
(A) Provide information about the program prior to the first day of February of each year to all students enrolled in grades six through eleven;
(B) Provide counseling services to students in grades six through eleven and to their parents before the students participate in the program under this chapter to ensure that students and parents are fully aware of the possible consequences and benefits of participation. Counseling information shall include:
(1) Program eligibility;
(2) The process for granting academic credits;
(3) Any necessary financial arrangements for tuition, textbooks, and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(6) Scheduling;
(7) Communicating the possible consequences and benefits of participation, including all of the following:
(a) The consequences of failing or not completing a course under the program, including the effect on the student's ability to complete the secondary school's graduation requirements;
(b) The effect of the grade attained in a course under the program being included in the student's grade point average, as applicable;
(c) The benefits to the student for successfully completing a course under the program, including the ability to reduce the overall costs of, and the amount of time required for, a college education.
(8) The academic and social responsibilities of students and parents under the program;
(9) Information about and encouragement to use the counseling services of the college in which the student intends to enroll;
(10) The standard packet of information for the program developed by the chancellor of higher education pursuant to section 3365.15 of the Revised Code;
For a participating nonpublic secondary school, counseling information shall also include an explanation that funding may be limited and that not all students who wish to participate may be able to do so.
(11) Information about the potential for mature subject matter, as defined in section 3365.035 of the Revised Code, in courses in which the student intends to enroll through the program and notification that courses will not be modified based upon program enrollee participation regardless of where course instruction occurs. The information shall include the permission slip described in division (B) of section 3365.035 of the Revised Code.
(C) Promote the program on the school's web site, including the details of the school's current agreements with partnering colleges;
(D) Schedule at least one informational session per school year to allow each participating college that is located within thirty miles of the school to meet with interested students and parents. The session shall include the benefits and consequences of participation and shall outline any changes or additions to the requirements of the program. If there are no participating colleges located within thirty miles of the school, the school shall coordinate with the closest participating college to offer an informational session.
For the purposes of division (D) of this section, "participating college" shall include both of the following:
(1) A partnering college;
(2) Any public college, private college, or eligible out-of-state college to which both of the following apply:
(a) The college participates in the college credit plus program.
(b) The college submits to the public or participating nonpublic secondary school a request to attend an informational session.
(E) Implement a policy for the awarding of grades and the calculation of class standing for courses taken under division (A)(2) or (B) of section 3365.06 of the Revised Code. The policy adopted under this division shall be equivalent to the school's policy for courses taken under the advanced standing programs described in divisions (A)(2) and (3) of section 3313.6013 of the Revised Code or for other courses designated as honors courses by the school. If the policy includes awarding a weighted grade or enhancing a student's class standing for these courses, the policy adopted under this section shall also provide for these procedures to be applied to courses taken under the college credit plus program.
(F) Develop model course pathways, pursuant to section 3365.13 of the Revised Code, and publish the course pathways among the school's official list of course offerings for the program.
(G)
Annually collect, report, and track specified data related to the
program according to data reporting guidelines adopted by the
chancellor and the superintendent
of public instruction department
of education and workforce pursuant
to section 3365.15 of the Revised Code.
Sec. 3365.05. Each public and participating private college shall do all of the following with respect to the college credit plus program:
(A) Apply established standards and procedures for admission to the college and for course placement for participants. When determining admission and course placement, the college shall do all of the following:
(1) Consider all available student data that may be an indicator of college readiness, including grade point average and end-of-course examination scores, if applicable;
(2) Give priority to its current students regarding enrollment in courses. However, once a participant has been accepted into a course, the college shall not displace the participant for another student.
(3) Adhere to any capacity limitations that the college has established for specified courses.
(B) Send written notice to the participant, the participant's parent, and the participant's secondary school, not later than fourteen calendar days prior to the first day of classes for that term, of the participant's admission to the college and to specified courses under the program.
(C) Provide both of the following, not later than twenty-one calendar days after the first day of classes for that term, to each participant and the participant's secondary school:
(1) The courses and hours of enrollment of the participant;
(2) The option elected by the participant under division (A) or (B) of section 3365.06 of the Revised Code for each course.
The college shall also provide to each partnering school a roster of participants from that school that are enrolled in the college and a list of course assignments for each participant.
(D) Promote the program on the college's web site, including the details of the college's current agreements with partnering secondary schools.
(E) Coordinate with each partnering secondary school that is located within thirty miles of the college to present at least one informational session per school year for interested students and parents. The session shall include the benefits and consequences of participation and shall outline any changes or additions to the requirements of the program. If there are no partnering schools located within thirty miles of the college, the college shall coordinate with the closest partnering school to offer an informational session.
(F) Assign an academic advisor that is employed by the college to each participant enrolled in that college. Prior to the date on which a withdrawal from a course would negatively affect a participant's transcripted grade, as prescribed by the college's established withdrawal policy, the college shall ensure that the academic advisor and the participant meet at least once to discuss the program and the courses in which the participant is enrolled.
(G) Do both of the following with regard to high school teachers that are teaching courses for the college at a secondary school under the program:
(1) Provide at least one professional development session per school year;
(2) Conduct at least one classroom observation per school year for each course that is authorized by the college and taught by a high school teacher to ensure that the course meets the quality of a college-level course.
(H)
Annually collect, report, and track specified data related to the
program according to data reporting guidelines adopted by the
chancellor and the superintendent
of public instruction department
of education and workforce pursuant
to section 3365.15 of the Revised Code.
(I) With the exception of divisions (D) and (E) of this section, any eligible out-of-state college participating in the college credit plus program shall be subject to the same requirements as a participating private college under this section.
Sec. 3365.06. The rules adopted under section 3365.02 of the Revised Code shall provide for participants to enroll in courses under either of the options prescribed by division (A) or (B) of this section.
(A) The participant may elect at the time of enrollment to be responsible for payment of all tuition and the cost of all textbooks, materials, and fees associated with the course. The college shall notify the participant about payment of tuition and fees in the customary manner followed by the college. A participant electing this option also shall elect, at the time of enrollment, whether to receive only college credit or high school credit and college credit for the course.
(1) The participant may elect to receive only college credit for the course. Except as provided in section 3365.032 of the Revised Code, if the participant successfully completes the course, the college shall award the participant full credit for the course, but the governing entity of a public secondary school or the governing body of a participating nonpublic secondary school shall not award the high school credit.
(2) The participant may elect to receive both high school credit and college credit for the course. Except as provided in section 3365.032 of the Revised Code, if the participant successfully completes the course, the college shall award the participant full credit for the course and the governing entity of a public school or the governing body of a participating nonpublic school shall award the participant high school credit.
(B) If a course is eligible for funding under rules adopted pursuant to division (C)(1) of this section, the participant may elect at the time of enrollment for the course to have the college reimbursed under section 3365.07 of the Revised Code. Except as provided in section 3365.032 of the Revised Code, if the participant successfully completes the course, the college shall award the participant full credit for the course and the governing entity of a public school or the governing body of a participating nonpublic school shall award the participant high school credit. If the participant elects to have the college reimbursed under this division, the department shall reimburse the college for the number of enrolled credit hours in accordance with section 3365.07 of the Revised Code.
(C)(1)
The chancellor of higher education, in consultation with the
superintendent
of public instruction
department
of education and workforce,
shall adopt rules specifying which courses are eligible for funding
under section 3365.07 of the Revised Code.
The rules shall address at least the following:
(a) Whether courses must be taken in a specified sequence;
(b) Whether to restrict funding and limit eligibility to certain types of courses, including (i) courses that are included in the statewide articulation and transfer system, established by the chancellor pursuant to section 3333.161 of the Revised Code; (ii) courses that may be applied to multiple degree pathways or are applicable to in-demand jobs; or (iii) other types of courses;
(c) Whether courses with private instruction, as defined by the chancellor, are eligible for funding.
The rules also shall specify the school year for which implementation of the rules adopted pursuant to this division shall first apply.
(2)
In developing the rules, the chancellor, in consultation with the
state
superintendent
department
of education and workforce,
shall establish a process to receive input from public and nonpublic
secondary schools, public and private colleges, and other interested
parties.
(D) When determining a school district's enrollment under section 3317.03 of the Revised Code, the time a participant is attending courses under division (A) of this section shall be considered as time the participant is not attending or enrolled in school anywhere, and the time a participant is attending courses under division (B) of this section shall be considered as time the participant is attending or enrolled in the district's schools.
Sec.
3365.07. The
department of education
and
workforce
shall
calculate and pay state funds to colleges for participants in the
college credit plus program under division (B) of section 3365.06 of
the Revised Code pursuant to this section. For a nonpublic secondary
school participant, a nonchartered nonpublic secondary school
participant, or a home-instructed participant, the department shall
pay state funds pursuant to this section only if that participant is
awarded funding according to rules adopted by the chancellor of
higher education, in consultation with the
superintendent
of public instruction
department
of education and workforce,
pursuant to section 3365.071 of the Revised Code. The program shall
be the sole mechanism by which state funds are paid to colleges for
students to earn transcripted credit for college courses while
enrolled in both a secondary school and a college, with the exception
of state funds paid to colleges according to an agreement described
in division (A)(1) of section 3365.02 of the Revised Code.
(A) For each public or nonpublic secondary school participant enrolled in a public college:
(1) If no agreement has been entered into under division (A)(2) of this section, both of the following shall apply:
(a) The department shall pay to the college the applicable amount as follows:
(i) For a participant enrolled in a college course delivered on the college campus, at another location operated by the college, or online, the lesser of the default ceiling amount or the college's standard rate;
(ii) For a participant enrolled in a college course delivered at the participant's secondary school but taught by college faculty, the lesser of fifty per cent of the default ceiling amount or the college's standard rate;
(iii) For a participant enrolled in a college course delivered at the participant's secondary school and taught by a high school teacher who has met the credential requirements established for purposes of the program in rules adopted by the chancellor, the default floor amount.
(b) The participant's secondary school shall pay for textbooks, and the college shall waive payment of all other fees related to participation in the program.
(2) The governing entity of a participant's secondary school and the college may enter into an agreement to establish an alternative payment structure for tuition, textbooks, and fees. Under such an agreement, payments for each participant made by the department shall be not less than the default floor amount, unless approved by the chancellor, and not more than either the default ceiling amount or the college's standard rate, whichever is less. The chancellor may approve an agreement that includes a payment below the default floor amount, as long as the provisions of the agreement comply with all other requirements of this chapter to ensure program quality. If no agreement is entered into under division (A)(2) of this section, both of the following shall apply:
(a) The department shall pay to the college the applicable default amounts prescribed by division (A)(1)(a) of this section, depending upon the method of delivery and instruction.
(b) In accordance with division (A)(1)(b) of this section, the participant's secondary school shall pay for textbooks, and the college shall waive payment of all other fees related to participation in the program.
(3) No participant that is enrolled in a public college shall be charged for any tuition, textbooks, or other fees related to participation in the program.
(B) For each public secondary school participant enrolled in a private college:
(1) If no agreement has been entered into under division (B)(2) of this section, the department shall pay to the college the applicable amount calculated in the same manner as in division (A)(1)(a) of this section.
(2) The governing entity of a participant's secondary school and the college may enter into an agreement to establish an alternative payment structure for tuition, textbooks, and fees. Under such an agreement, payments shall be not less than the default floor amount, unless approved by the chancellor, and not more than either the default ceiling amount or the college's standard rate, whichever is less.
If an agreement is entered into under division (B)(2) of this section, both of the following shall apply:
(a) The department shall make a payment to the college for each participant that is equal to the default floor amount, unless approved by the chancellor to pay an amount below the default floor amount. The chancellor may approve an agreement that includes a payment below the default floor amount, as long as the provisions of the agreement comply with all other requirements of this chapter to ensure program quality.
(b) Payment for costs for the participant that exceed the amount paid by the department pursuant to division (B)(2)(a) of this section shall be negotiated by the school and the college. The agreement may include a stipulation permitting the charging of a participant.
However, under no circumstances shall:
(i) Payments for a participant made by the department under division (B)(2) of this section exceed the lesser of the default ceiling amount or the college's standard rate;
(ii) The amount charged to a participant under division (B)(2) of this section exceed the difference between the maximum per participant charge amount and the default floor amount;
(iii) The sum of the payments made by the department for a participant and the amount charged to that participant under division (B)(2) of this section exceed the following amounts, as applicable:
(I) For a participant enrolled in a college course delivered on the college campus, at another location operated by the college, or online, the maximum per participant charge amount;
(II) For a participant enrolled in a college course delivered at the participant's secondary school but taught by college faculty, one hundred twenty-five dollars;
(III) For a participant enrolled in a college course delivered at the participant's secondary school and taught by a high school teacher who has met the credential requirements established for purposes of the program in rules adopted by the chancellor, one hundred dollars.
(iv) A participant that is identified as economically disadvantaged according to rules adopted by the department be charged under division (B)(2) of this section for any tuition, textbooks, or other fees related to participation in the program.
(C) For each nonpublic secondary school participant enrolled in a private or eligible out-of-state college, the department shall pay to the college the applicable amount calculated in the same manner as in division (A)(1)(a) of this section. Payment for costs for the participant that exceed the amount paid by the department shall be negotiated by the governing body of the nonpublic secondary school and the college.
However, under no circumstances shall:
(1) The payments for a participant made by the department under this division exceed the lesser of the default ceiling amount or the college's standard rate.
(2) Any nonpublic secondary school participant, who is enrolled in that secondary school with a scholarship awarded under either the educational choice scholarship pilot program, as prescribed by sections 3310.01 to 3310.17, or the pilot project scholarship program, as prescribed by sections 3313.974 to 3313.979 of the Revised Code, and who qualifies as a low-income student under either of those programs, be charged for any tuition, textbooks, or other fees related to participation in the college credit plus program.
(D) For each nonchartered nonpublic secondary school participant and each home-instructed participant enrolled in a public, private, or eligible out-of-state college, the department shall pay to the college the lesser of the default ceiling amount or the college's standard rate, if that participant is enrolled in a college course delivered on the college campus, at another location operated by the college, or online.
(E) Not later than thirty days after the end of each term, each college expecting to receive payment for the costs of a participant under this section shall notify the department of the number of enrolled credit hours for each participant.
(F) The department shall make the applicable payments under this section to each college, which provided proper notification to the department under division (E) of this section, for the number of enrolled credit hours for participants enrolled in the college under division (B) of section 3365.06 of the Revised Code. Except in cases involving incomplete participant information or a dispute of participant information, payments shall be made by the last day of January for participants who were enrolled during the fall term and by the last day of July for participants who were enrolled during the spring term. The department shall not make any payments to a college under this section if a participant withdrew from a course prior to the date on which a withdrawal from the course would have negatively affected the participant's transcripted grade, as prescribed by the college's established withdrawal policy.
(1) Payments made for public secondary school participants under this section shall be deducted as follows:
(a) For a participant enrolled in a school district, from the school foundation payments made to the participant's school district. If the participant is enrolled in a joint vocational school district, a portion of the amount shall be deducted from the payments to the joint vocational school district and a portion shall be deducted from the payments to the participant's city, local, or exempted village school district in accordance with the full-time equivalency of the student's enrollment in each district.
(b) For a participant enrolled in a community school established under Chapter 3314. of the Revised Code, from the payments made to that school under section 3317.022 of the Revised Code;
(c) For a participant enrolled in a STEM school, from the payments made to that school under section 3317.022 of the Revised Code;
(d) For a participant enrolled in a college-preparatory boarding school, from the payments made to that school under section 3328.34 of the Revised Code;
(e) For a participant enrolled in the state school for the deaf or the state school for the blind, from the amount paid to that school with funds appropriated by the general assembly for support of that school;
(f) For a participant enrolled in an institution operated by the department of youth services, from the amount paid to that institution with funds appropriated by the general assembly for support of that institution.
Amounts
deducted under divisions (F)(1)(a) to (f) of this section shall be
calculated in accordance with rules adopted by the chancellor, in
consultation with the state
superintendentdepartment
of education and workforce,
pursuant to division (B) of section 3365.071 of the Revised Code
(2)
Payments made for nonpublic secondary school participants,
nonchartered nonpublic secondary school participants, and
home-instructed participants under this section shall be deducted
from moneys appropriated by the general assembly for such purpose.
Payments shall be allocated and distributed in accordance with rules
adopted by the chancellor, in consultation with the
state
superintendent
department
of education and workforce,
pursuant to division (A) of section 3365.071 of the Revised Code.
(G) Any public college that enrolls a student under division (B) of section 3365.06 of the Revised Code may include that student in the calculation used to determine its state share of instruction funds appropriated to the department of higher education by the general assembly.
Sec.
3365.071. (A)
The chancellor of the
Ohio board of regentshigher
education,
in accordance with Chapter 119. of the Revised Code and in
consultation with the
superintendent
of public instruction
department
of education and workforce,
shall adopt rules prescribing a method to allocate and distribute
payments under section 3365.07 of the Revised Code for nonpublic
secondary school participants, nonchartered nonpublic secondary
school participants, and home-instructed participants. The rules
shall include that payments made for nonchartered nonpublic secondary
school participants be made in the same manner as payments for
home-instructed participants under that section.
(B)
The chancellor, in consultation with the
state
superintendent
department,
shall also adopt rules establishing a method to calculate the amounts
deducted from a joint vocational school district and from a
participant's city, local, or exempted village school district for
payments under section 3365.07 of the Revised Code.
Sec. 3365.08. (A) No participant enrolled under this chapter in a course for which credit toward high school graduation is awarded shall receive direct financial aid through any state or federal program.
(B)
If a school district provides transportation for resident school
students in grades eleven and twelve under section 3327.01 of the
Revised Code, a parent of a participant enrolled in a course under
division (A)(2) or (B) of section 3365.06 of the Revised Code may
apply to the board of education for full or partial reimbursement for
the necessary costs of transporting the participant between the
secondary school the participant attends and the college in which the
participant is enrolled. Reimbursement may be paid solely from funds
received by the district for student transportation under section
3317.0212 of the Revised Code or other provisions of law. The state
board department
of
education and
workforce shall
establish guidelines, based on financial need, under which a district
may provide such reimbursement.
(C)
If a community school provides or arranges transportation for its
students in grades nine through twelve under section 3314.091 of the
Revised Code, a parent of a participant of the community school who
is enrolled in a course under division (A)(2) or (B) of section
3365.06 of the Revised Code may apply to the governing authority of
the community school for full or partial reimbursement of the
necessary costs of transporting the participant between the community
school and the college. The governing authority may pay the
reimbursement in accordance with the state
board's department's
rules
adopted under division (B) of this section solely from funds paid to
it under division (H) of section 3317.0212 of the Revised Code.
Sec. 3365.09. (A) Except as provided for in division (C) of this section, if the superintendent, or equivalent, of a public secondary school in which a participant is enrolled determines that the participant has not attained a passing final grade in a college course in which the participant enrolled under this chapter, the superintendent, or equivalent, may seek reimbursement from the participant or the participant's parent for the amount of state funds paid to the college on behalf of the participant for that college course. The governing entity of a public school, in accordance with division (C) of section 3313.642 of the Revised Code, may withhold grades and credits received by the participant for high school courses taken by the participant until the participant or the participant's parent provides reimbursement.
(B)
Except as provided for in division (C) of this section, if the chief
administrator of a participating nonpublic school in which a
participant is enrolled determines that the participant has not
attained a passing final grade in a college course in which the
participant enrolled under this chapter, the chief administrator may
seek reimbursement from the participant or the participant's parent
for the amount of state funds paid to the college on behalf of the
participant for enrollment in that college course. Upon the
collection of any funds from a participant or participant's parent
under this division, the chief administrator of a nonpublic school
shall send an amount equal to the funds collected to the
superintendent
of public instructiondepartment
of education and workforce.
The superintendent
of public instruction department
shall
credit that amount to the general revenue fund.
(C)
Unless the participant was expelled by the school, the
superintendent, or equivalent, or chief administrator shall not seek
reimbursement from a participant or a participant's parent under
division (A) or (B) of this section, if the participant is identified
as economically disadvantaged according to rules adopted by the
department
of
education.
Sec.
3365.091. (A)
The chancellor of higher education, in consultation with the
superintendent
of public instruction
department
of education and workforce,
shall adopt rules specifying the conditions under which an
underperforming participant may continue to participate in the
college credit plus program.
The rules shall address at least the following:
(1) The definition of an "underperforming participant";
(2) Any additional conditions that participants with repeated underperformance must satisfy;
(3) The timeframe for notifying an underperforming participant who is determined to be ineligible for participation of such ineligibility;
(4) Mechanisms available to assist underperforming participants;
(5) The role of school guidance counselors and college academic advisers in assisting underperforming participants;
(6) If an underperforming participant is determined to be ineligible for participation, any consequences that such ineligibility may have on the student's ability to complete the secondary school's graduation requirements.
The rules also shall specify the school year for which implementation of the rules adopted pursuant to division (A) of this section shall first apply.
(B)
In developing the rules pursuant to division (A) of this section, the
chancellor, in consultation with the
state
superintendent
department,
shall establish a process to receive input from public and nonpublic
secondary schools, public and private colleges, and other interested
parties.
Sec.
3365.10. (A)
Any public or participating nonpublic secondary school or any public
or participating private college may apply to the chancellor of
higher education and the superintendent
of public instruction
department
of education and workforce for
a waiver from the requirements of the college credit plus program.
The chancellor and the superintendent
department
may
grant a waiver under this section for an agreement or for a proposed
agreement between a public or participating nonpublic secondary
school and a public or participating private or out-of-state college,
only if the agreement does both of the following:
(1) Includes innovative programming proposed to exclusively address the needs of underrepresented student subgroups;
(2)
Meets all criteria set forth in rules adopted by the chancellor and
the superintendent
department
pursuant
to division (C) of this section.
(B) Any waiver granted under this section shall apply only to the agreement for which the waiver is granted and shall not apply to any other agreement that the school or college enters into under this chapter.
(C)
The chancellor and the superintendent
of public instruction department
shall
jointly adopt rules, in accordance with Chapter 119. of the Revised
Code, regarding the granting of waivers under this section.
Sec. 3365.12. (A) All courses offered under the college credit plus program shall be the same courses that are included in the partnering college's course catalogue for college-level, nonremedial courses and shall apply to at least one degree or professional certification at the partnering college.
(B)(1) High school credit awarded for courses successfully completed under this chapter shall count toward the graduation requirements and subject area requirements of the public secondary school or participating nonpublic secondary school. If a course comparable to one a participant completed at a college is offered by the school, the governing entity or governing body shall award comparable credit for the course completed at the college. If no comparable course is offered by the school, the governing entity or governing body shall grant an appropriate number of elective credits to the participant.
(2) If there is a dispute between a participant's school and a participant regarding high school credits granted for a course, the participant may appeal the decision to the department of education and workforce. The department's decision regarding any high school credits granted under this section is final.
(C) Evidence of successful completion of each course and the high school credits awarded by the school shall be included in the student's record. The record shall indicate that the credits were earned as a participant under this chapter and shall include the name of the college at which the credits were earned.
Sec.
3365.15. The
chancellor of higher education and the superintendent
of public instruction
department
of education and workforce jointly
shall do all of the following:
(A) Adopt data reporting guidelines specifying the types of data that public and participating nonpublic secondary schools and public and participating private colleges, including eligible out-of-state colleges participating in the program, must annually collect, report, and track under division (G) of section 3365.04 and division (H) of section 3365.05 of the Revised Code. The types of data shall include all of the following:
(1) For each secondary school and college:
(a) The number of participants disaggregated by grade level, socioeconomic status, race, gender, and disability;
(b) The number of completed courses and credit hours, disaggregated by the college in which participants were enrolled;
(c) The number of courses in which participants enrolled, disaggregated by subject area and level of difficulty.
(2)
For each secondary school, the number of students who were denied
participation in the program under division (A)(1)(a) or (C) of
section 3365.03 or section 3365.031 or 3365.032 of the Revised Code.
Each participating nonpublic secondary school shall also include the
number of students who were denied participation due to the student
not being awarded funding by the department of
education pursuant
to section 3365.071 of the Revised Code.
(3) For each college:
(a) The number of students who applied to enroll in the college under the program but were not granted admission;
(b) The average number of completed courses per participant;
(c) The average grade point average for participants in college courses under the program.
The guidelines adopted under this division shall also include policies and procedures for the collection, reporting, and tracking of such data.
(B)
Annually compile the data required under division (A) of this
section. Not later than the thirty-first day of December of each
year, the data from the previous school year shall be posted in a
prominent location on both the chancellor of higher education's and
the department
of education's department's
web
sites.
(C) Until December 2023, submit an annual report on outcomes of the college credit plus program that are supported by empirical evidence to the governor, the president of the senate, the speaker of the house of representatives, and the chairpersons of the education committees of the senate and house of representatives. The report shall include all of the following, disaggregated by cohort:
(1) Number of degrees attained;
(2) Level and type of degrees attained;
(3) Number of students who receive a degree in two different subject areas;
(4) Time to completion of a degree, disaggregated by level and type of degree attained;
(5) Time to enrollment in a graduate or doctoral degree program;
(6) The number of students who participate in a study abroad course;
(7) How all of the measures described in division (C) of this section compare to both:
(a) The overall student population who did not participate in the college credit plus program;
(b) Any similar measures compiled under the former postsecondary enrollment options program, to the extent that such data is available.
The first report shall be submitted not later than December 31, 2018, and each subsequent report shall be submitted not later than the thirty-first day of December each year thereafter until December 2023.
(D) Establish a college credit plus advisory committee to assist in the development of performance metrics and the monitoring of the program's progress. At least one member of the advisory committee shall be a school guidance counselor.
The
chancellor shall also, in consultation with the superintendent
department,
create a standard packet of information for the college credit plus
program directed toward students and parents that are interested in
the program.
(E)
The chancellor and the state
superintendent department
also
may submit a biennial report detailing the status of the college
credit plus program, including an analysis of quality assurance
measures related to the program, to the governor, the president of
the senate, the speaker of the house of representatives, and the
chairpersons of the education committees of the senate and house of
representatives. If the chancellor and state
superintendent the
department choose
to jointly submit the biennial report, both of the following shall
apply:
(1) The report shall include only data available through the higher education information system administered by the chancellor.
(2) The first report shall be submitted not later than December 31, 2017, and each subsequent report shall be submitted not later than the thirty-first day of December every two years thereafter.
(F) For purposes of this section, "cohort" means a group of students who participated in the college credit plus program and who, upon graduation from high school, enroll in an Ohio institution of higher education during the same academic year.
Sec.
3375.01. A
state library board is hereby created to be composed of five members
to be appointed by the state
board director
of
education
and
workforce.
One member shall be appointed each year for a term of five years. No
one is eligible to membership on the state library board who is or
has been for a year previous to appointment a member of the state
board of education. A member of the state library board shall not
during the member's term of office be a member of the board of
library trustees for any library in any subdivision in the state.
Before entering on official duties, each member shall subscribe to
the official oath of office. All vacancies on the state library board
shall be filled by the state
board of education director
by
appointment for the unexpired term. The members shall receive no
compensation, but shall be paid their actual and necessary expenses
incurred in the performance of their duties or in the conduct of
authorized board business, within or without the state.
At its regular meeting next prior to the beginning of each fiscal biennium, the state library board shall elect a president and vice-president each of whom shall serve for two years or until a successor is elected and qualified.
The state library board is responsible for the state library of Ohio and a statewide program of development and coordination of library services, and its powers include the following:
(A) Maintain the state library, holding custody of books, periodicals, pamphlets, films, recordings, papers, and other materials and equipment. The board may purchase or procure from an insurance company licensed to do business in this state policies of insurance insuring the members of the board and the officers, employees, and agents of the state library against liability on account of damage or injury to persons or property resulting from any act or omission of the board members, officers, employees, and agents of the state library in their official capacity.
(B) Accept, receive, administer, and expend, in accordance with the terms thereof, any moneys, materials, or other aid granted, appropriated, or made available to it for library purposes, by the United States, or any of its agencies, or by any other source, public or private;
(C) Administer such funds as the general assembly may make available to it for the improvement of public library services, interlibrary cooperation, or for other library purposes;
(D) Contract with other agencies, organizations, libraries, library schools, boards of education, universities, public and private, within or without the state, for library services, facilities, research, or any allied or related purpose;
(E) In accordance with Chapter 119. of the Revised Code, approve, disapprove, or modify resolutions for establishment of county district libraries, and approve, disapprove, or modify resolutions to determine the boundaries of such districts, along county lines or otherwise, and approve, disapprove, or modify resolutions to redefine boundaries, along county lines or otherwise, where questions subsequently arise as a result of school district consolidations;
(F) Upon consolidation of two or more school districts and in accordance with Chapter 119. of the Revised Code, define and adjust the boundaries of the new public library district resulting from such consolidation and resolve any disputes or questions pertaining to the boundaries, organization, and operation of the new library district;
(G) Upon application of one or more boards of library trustees and in accordance with Chapter 119. of the Revised Code, define, amend, and adjust the boundaries of the library districts making such application and the boundaries of adjacent library districts;
(H) Upon application of one or more boards of library trustees, or upon the state library board's own initiative, and in accordance with Chapter 119. of the Revised Code, define, amend, and adjust the boundaries of overlapping library districts to eliminate areas of overlap;
(I) Upon application of any private corporation or library association maintaining a free public library prior to September 4, 1947, and in accordance with Chapter 119. of the Revised Code, define, amend, and adjust the boundaries of a library district for the private corporation or library association for the sole purpose of preventing or eliminating areas of overlap with other library districts in relation to tax levies described in sections 5705.19, 5705.191, and 5705.21 of the Revised Code that are or may be levied in support of the private corporation or library association;
(J) Certify its actions relating to boundaries authorized in this section, to boards of election, taxing authorities, the boards of trustees of libraries affected, and other appropriate bodies;
(K) Encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library service problems;
(L) Recommend to the governor and to the general assembly such changes in the law as will strengthen and improve library services and operations;
(M) In accordance with Chapter 119. of the Revised Code, adopt such rules as are necessary for the carrying out of any function imposed on it by law, and provide such rules as are necessary for its government and the government of its employees. The board may delegate to the state librarian the management and administration of any function imposed on it by law.
Sec. 3701.507. (A) To assist in implementing sections 3701.503 to 3701.509 of the Revised Code, the medically handicapped children's medical advisory council created in section 3701.025 of the Revised Code shall appoint a permanent infant hearing screening subcommittee. The subcommittee shall consist of the following members:
(1) One otolaryngologist;
(2) One neonatologist;
(3) One pediatrician;
(4) One neurologist;
(5) One hospital administrator;
(6) Two or more audiologists who are experienced in infant hearing screening and evaluation;
(7) One speech-language pathologist licensed under section 4753.07 of the Revised Code;
(8) Two persons who are each a parent of a hearing-impaired child;
(9) One geneticist;
(10) One epidemiologist;
(11) One adult who is deaf or hearing impaired;
(12) One representative from an organization for persons who are deaf or hearing impaired;
(13) One family advocate;
(14) One nurse from a well-baby neonatal nursery;
(15) One nurse from a special care neonatal nursery;
(16) One teacher of persons who are deaf who works with infants and toddlers;
(17) One representative of the health insurance industry;
(18) One representative of the children with medical handicaps program;
(19) One representative of the department of education and workforce;
(20) One representative of the department of medicaid;
(21) Any other person the advisory council appoints.
(B) The infant hearing subcommittee shall:
(1) Consult with the director of health regarding the administration of sections 3701.503 to 3701.509 of the Revised Code;
(2) Advise and make recommendations regarding proposed rules prior to their adoption by the director under section 3701.508 of the Revised Code;
(3) Consult with the director of health and advise and make recommendations regarding program development and implementation under sections 3701.503 to 3701.509 of the Revised Code, including all of the following:
(a) Establishment under section 3701.504 of the Revised Code of the statewide hearing screening, tracking, and early intervention program to identify newborn and infant hearing impairment;
(b) Identification of locations where hearing evaluations may be conducted;
(c) Recommendations for methods and techniques of hearing screening and hearing evaluation;
(d) Referral, data recording and compilation, and procedures to encourage follow-up hearing care;
(e) Maintenance of a register of newborns and infants who do not pass the hearing screening;
(f) Preparation of the information required by section 3701.506 of the Revised Code.
Sec.
3701.78. (A)
There is hereby created the commission on minority health, consisting
of twenty-one members. The governor shall appoint to the commission
nine members from among health researchers, health planners, and
health professionals. The governor also shall appoint two members who
are representatives of the lupus awareness and education program. The
speaker of the house of representatives shall appoint to the
commission two members of the house of representatives, not more than
one of whom is a member of the same political party, and the
president of the senate shall appoint to the commission two members
of the senate, not more than one of whom is a member of the same
political party. The following shall be members of the commission:
the directors of health, mental health and addiction services,
developmental disabilities, and job and family services, or their
designees; the medicaid director, or the director's designee; and the
superintendent
of public instructiondirector
of education and workforce,
or the superintendent's
director's
designee.
The commission shall elect a chairperson from among its members.
Of the members appointed by the governor, five shall be appointed to initial terms of one year, and four shall be appointed to initial terms of two years. Thereafter, all members appointed by the governor shall be appointed to terms of two years. All members of the commission appointed by the speaker of the house of representatives or the president of the senate shall be nonvoting members of the commission and be appointed within thirty days after the commencement of the first regular session of each general assembly, and shall serve until the expiration of the session of the general assembly during which they were appointed.
Members of the commission shall serve without compensation, but shall be reimbursed for the actual and necessary expenses they incur in the performance of their official duties.
(B) The commission shall promote health and the prevention of disease among members of minority groups. Each year the commission shall distribute grants from available funds to community-based health groups to be used to promote health and the prevention of disease among members of minority groups. As used in this division, "minority group" means any of the following economically disadvantaged groups: Blacks, American Indians, Hispanics, and Orientals. The commission shall adopt and maintain rules pursuant to Chapter 119. of the Revised Code to provide for the distribution of these grants. No group shall qualify to receive a grant from the commission unless it receives at least twenty per cent of its funds from sources other than grants distributed under this section.
(C) The commission may appoint such employees as it considers necessary to carry out its duties under this section. The department of health shall provide office space for the commission.
(D) The commission shall meet at the call of its chairperson to conduct its official business. A majority of the voting members of the commission constitute a quorum. The votes of at least eight voting members of the commission are necessary for the commission to take any official action or to approve the distribution of grants under this section.
Sec. 3705.36. Three years after the date a birth defects information system is implemented pursuant to section 3705.30 of the Revised Code, and annually thereafter, the department of health shall prepare a report regarding the birth defects information system. The department shall file the report with the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the departments of developmental disabilities, education and workforce, and job and family services, the commission on minority health, and the news media.
Sec. 3707.58. (A) As used in this section:
(1) "Youth athlete" means an individual who wishes to practice for or compete in athletic activities organized by a youth sports organization;
(2) "Youth sports organization" has the same meaning as in section 3707.51 of the Revised Code.
(B) Prior to the start of each athletic season, a youth sports organization that is subject to this section may hold an informational meeting for youth athletes, parents, guardians, other persons having care or charge of a youth athlete, physicians, pediatric cardiologists, athletic trainers, and any other persons regarding the symptoms and warning signs of sudden cardiac arrest for all ages of youth athletes.
(C)
No youth athlete shall participate in an athletic activity organized
by a youth sports organization until the youth athlete has submitted
to a designated official of the youth sports organization a form
signed by the youth athlete and the parent, guardian, or other person
having care or charge of the youth athlete stating that the youth
athlete and the parent, guardian, or other person having care or
charge of the youth athlete have received and reviewed a copy of the
information developed by the
departments
department
of
health and the
department of education
and
workforce
and
posted on their respective internet web sites as required by section
3707.59 of the Revised Code. A completed form shall be submitted each
calendar year to each youth sports organization that organizes an
athletic activity in which the youth athlete participates.
(D) No individual shall coach an athletic activity organized by a youth sports organization unless the individual has completed, on an annual basis, the sudden cardiac arrest training course approved by the department of health under division (C) of section 3707.59 of the Revised Code.
(E)(1) A youth athlete shall not be allowed to participate in an athletic activity organized by a youth sports organization if either of the following is the case:
(a) The youth athlete's biological parent, biological sibling, or biological child has previously experienced sudden cardiac arrest, and the youth athlete has not been evaluated and cleared for participation in an athletic activity organized by a youth sports organization by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(b) The youth athlete is known to have exhibited syncope or fainting at any time prior to or following an athletic activity and has not been evaluated and cleared for return under division (E)(3) of this section after exhibiting syncope or fainting.
(2) A youth athlete shall be removed by the youth athlete's coach from participation in an athletic activity organized by a youth sports organization if the youth athlete exhibits syncope or fainting.
(3) If a youth athlete is not allowed to participate in or is removed from participation in an athletic activity organized by a youth sports organization under division (E)(1) or (2) of this section, the youth athlete shall not be allowed to return to participation until the youth athlete is evaluated and cleared for return in writing by any of the following:
(a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, including a physician who specializes in cardiology;
(b) A certified nurse practitioner, clinical nurse specialist, or certified nurse-midwife who holds a certificate of authority issued under Chapter 4723. of the Revised Code.
The licensed health care providers specified in divisions (E)(3)(a) and (b) of this section may consult with any other licensed or certified health care providers in order to determine whether a youth athlete is ready to return to participation.
(F) A youth sports organization that is subject to this section shall establish penalties for a coach who violates the provisions of division (E) of this section.
(G)(1) A youth sports organization or official, employee, or volunteer of a youth sports organization, including a coach, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from providing services or performing duties under this section, unless the act or omission constitutes willful or wanton misconduct.
(2) This section does not eliminate, limit, or reduce any other immunity or defense that a public entity, public official, or public employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
Sec. 3707.59. (A) As used in this section:
(1) "Athletic activity" means both of the following:
(a) An athletic activity, as defined in section 3313.5310 of the Revised Code;
(b) An athletic activity organized by a youth sports organization.
(2) "Youth athlete" and "youth sports organization" have the same meanings as in section 3707.58 of the Revised Code.
(B) The department of health and the department of education and workforce jointly shall develop and shall post on their respective internet web sites guidelines and other relevant materials to inform and educate students and youth athletes participating in or desiring to participate in an athletic activity, their parents, and their coaches about the nature and warning signs of sudden cardiac arrest. These guidelines and materials shall address the risks associated with continuing to participate in an athletic activity after experiencing one or more symptoms of sudden cardiac arrest, such as fainting, difficulty breathing, chest pains, dizziness, and an abnormal racing heart rate. In developing guidelines and other relevant materials under this division, the department of health and the department of education and workforce shall consult with the Ohio chapter of the American college of cardiology and with an interscholastic conference or an organization that regulates interscholastic athletic competition and conducts interscholastic athletic events.
In developing guidelines and materials under this division, the departments may utilize existing materials developed by the parent heart watch organization, the sudden arrhythmia death syndromes foundation, and any other organizations deemed appropriate by the departments.
(C) For purposes of the training required for a coach of an athletic activity under division (D) of section 3313.5310 or division (D) of section 3707.58 of the Revised Code, the department of health shall approve a sudden cardiac arrest training course offered by an outside entity.
Sec.
3734.62. On
and after the
effective date of this section
April
6, 2007,
no school district or educational service center established under
Chapter 3311. of the Revised Code, community school established under
Chapter 3314. of the Revised Code, or nonpublic school for which the
state
board director
of
education
and
workforce
prescribes
standards under section 3301.07 of the Revised Code and no employee
of such a school district, educational service center, community
school, or nonpublic school shall purchase mercury or a mercury-added
measuring device for classroom use.
If
a school district, educational service center, community school, or
nonpublic school or an employee of a school district, educational
service center, community school, or nonpublic school purchases
mercury or a mercury-added measuring device for classroom use on or
after
the
effective date of this section
April
6, 2007,
in
violation of this section, but properly recycles or disposes of the
mercury or mercury-added measuring device upon learning of or being
informed of the violation and creates and implements a mercury
reduction plan, the director of environmental protection shall
consider the recycling or disposal of the mercury or mercury-added
measuring device and the implementation of and compliance with the
mercury reduction plan as mitigating circumstances for purposes of
enforcement of a violation of this section.
Sec. 3737.22. (A) The fire marshal shall do all of the following:
(1) Adopt the state fire code under sections 3737.82 to 3737.86 of the Revised Code;
(2) Enforce the state fire code;
(3) Appoint assistant fire marshals who are authorized to enforce the state fire code;
(4) Conduct investigations into the cause, origin, and circumstances of fires and explosions, and assist in the prosecution of persons believed to be guilty of arson or a similar crime;
(5) Compile statistics concerning loss due to fire and explosion as the fire marshal considers necessary, and consider the compatibility of the fire marshal's system of compilation with the systems of other state and federal agencies and fire marshals of other states;
(6) Engage in research on the cause and prevention of losses due to fire and explosion;
(7) Engage in public education and informational activities which will inform the public of fire safety information;
(8) Operate a fire training academy and forensic laboratory;
(9) Conduct other fire safety and fire fighting training activities for the public and groups as will further the cause of fire safety;
(10) Conduct licensing examinations, and issue permits, licenses, and certificates, as authorized by the Revised Code;
(11) Conduct tests of fire protection systems and devices, and fire fighting equipment to determine compliance with the state fire code, unless a building is insured against the hazard of fire, in which case such tests may be performed by the company insuring the building;
(12) Establish and collect fees for conducting licensing examinations and for issuing permits, licenses, and certificates;
(13) Make available for the prosecuting attorney and an assistant prosecuting attorney from each county of this state, in accordance with section 3737.331 of the Revised Code, a seminar program, attendance at which is optional, that is designed to provide current information, data, training, and techniques relative to the prosecution of arson cases;
(14) Administer and enforce Chapter 3743. of the Revised Code;
(15) Develop a uniform standard for the reporting of information required to be filed under division (E)(4) of section 2921.22 of the Revised Code, and accept the reports of the information when they are filed.
(B) The fire marshal shall appoint a chief deputy fire marshal, and shall employ professional and clerical assistants as the fire marshal considers necessary. The chief deputy shall be a competent former or current member of a fire agency and possess five years of recent, progressively more responsible experience in fire inspection, fire code enforcement, and fire code management. The chief deputy, with the approval of the director of commerce, shall temporarily assume the duties of the fire marshal when the fire marshal is absent or temporarily unable to carry out the duties of the office. When there is a vacancy in the office of fire marshal, the chief deputy, with the approval of the director of commerce, shall temporarily assume the duties of the fire marshal until a new fire marshal is appointed under section 3737.21 of the Revised Code.
All employees, other than the fire marshal; the chief deputy fire marshal; the superintendent of the Ohio fire academy; the grants administrator; the fiscal officer; the executive secretary to the fire marshal; legal counsel; the pyrotechnics administrator, the chief of the forensic laboratory; the person appointed by the fire marshal to serve as administrator over functions concerning testing, license examinations, and the issuance of permits and certificates; and the chiefs of the bureaus of fire prevention, of fire and explosion investigation, of code enforcement, and of underground storage tanks shall be in the classified civil service. The fire marshal shall authorize the chief deputy and other employees under the fire marshal's supervision to exercise powers granted to the fire marshal by law as may be necessary to carry out the duties of the fire marshal's office.
(C) The fire marshal shall create, in and as a part of the office of fire marshal, a fire and explosion investigation bureau consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be experienced in the investigation of the cause, origin, and circumstances of fires, and in administration, including the supervision of subordinates. The chief, among other duties delegated to the chief by the fire marshal, shall be responsible, under the direction of the fire marshal, for the investigation of the cause, origin, and circumstances of fires and explosions in the state, and for assistance in the prosecution of persons believed to be guilty of arson or a similar crime.
(D)(1) The fire marshal shall create, as part of the office of fire marshal, a bureau of code enforcement consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be qualified, by education or experience, in fire inspection, fire code development, fire code enforcement, or any other similar field determined by the fire marshal, and in administration, including the supervision of subordinates. The chief is responsible, under the direction of the fire marshal, for fire inspection, fire code development, fire code enforcement, and any other duties delegated to the chief by the fire marshal.
(2) The fire marshal, the chief deputy fire marshal, the chief of the bureau of code enforcement, or any assistant fire marshal under the direction of the fire marshal, the chief deputy fire marshal, or the chief of the bureau of code enforcement may cause to be conducted the inspection of all buildings, structures, and other places, the condition of which may be dangerous from a fire safety standpoint to life or property, or to property adjacent to the buildings, structures, or other places.
(E) The fire marshal shall create, as a part of the office of fire marshal, a bureau of fire prevention consisting of a chief of the bureau and additional assistant fire marshals as the fire marshal determines necessary for the efficient administration of the bureau. The chief shall be qualified, by education or experience, to promote programs for rural and urban fire prevention and protection. The chief, among other duties delegated to the chief by the fire marshal, is responsible, under the direction of the fire marshal, for the promotion of rural and urban fire prevention and protection through public information and education programs.
(F) The fire marshal shall cooperate with the director of job and family services when the director adopts rules under section 5104.052 of the Revised Code regarding fire prevention and fire safety in licensed type B family day-care homes, as defined in section 5104.01 of the Revised Code, recommend procedures for inspecting type B homes to determine whether they are in compliance with those rules, and provide training and technical assistance to the director and county directors of job and family services on the procedures for determining compliance with those rules.
(G)
The fire marshal, upon request of a provider of child care in a type
B home that is not licensed by the director of job and family
services, as a precondition of approval by the state
board department
of
education and
workforce under
section 3313.813 of the Revised Code for receipt of United States
department of agriculture child and adult care food program funds
established under the "National School Lunch Act," 60 Stat.
230 (1946), 42 U.S.C. 1751, as amended, shall inspect the type B home
to determine compliance with rules adopted under section 5104.052 of
the Revised Code regarding fire prevention and fire safety in
licensed type B homes. In municipal corporations and in townships
where there is a certified fire safety inspector, the inspections
shall be made by that inspector under the supervision of the fire
marshal, according to rules adopted under section 5104.052 of the
Revised Code. In townships outside municipal corporations where there
is no certified fire safety inspector, inspections shall be made by
the fire marshal.
Sec. 3742.32. (A) The director of health shall appoint an advisory council to assist in the ongoing development and implementation of the child lead poisoning prevention program created under section 3742.31 of the Revised Code. The advisory council shall consist of the following members:
(1) A representative of the department of medicaid;
(2) A representative of the bureau of child care in the department of job and family services;
(3) A representative of the department of environmental protection;
(4) A representative of the department of education and workforce;
(5) A representative of the development services agency;
(6) A representative of the Ohio apartment owner's association;
(7) A representative of the Ohio healthy homes network;
(8) A representative of the Ohio environmental health association;
(9) An Ohio representative of the American coatings association;
(10) A representative from Ohio realtors;
(11) A representative of the Ohio housing finance agency;
(12) A physician knowledgeable in the field of lead poisoning prevention;
(13) A representative of the public.
(B) The advisory council shall do both of the following:
(1) Provide the director with advice regarding the policies the child lead poisoning prevention program should emphasize, preferred methods of financing the program, and any other matter relevant to the program's operation;
(2) Submit a report of the state's activities to the governor, president of the senate, and speaker of the house of representatives on or before the first day of March each year.
(C) The advisory council is not subject to sections 101.82 to 101.87 of the Revised Code.
Sec.
3745.21. (A)
There is hereby created within the environmental protection agency
the environmental education council consisting of the directors of
environmental protection and,
natural
resources,
and
the
superintendent of public instruction
education
and workforce,
or their designees, as members ex officio, one member of the house of
representatives to be appointed by the speaker of the house of
representatives or the member's designee, one member of the senate to
be appointed by the president of the senate or the member's designee,
one member to be appointed by the Ohio
board of regents chancellor
of higher education who
shall have experience in providing environmental education at the
university or college level, and six members to be appointed by the
governor with the advice and consent of the senate. Of the members
appointed by the governor, two shall be from statewide environmental
advocacy organizations, one shall represent the interests of the
industrial community in this state, one shall represent the interests
of employers in this state with one hundred fifty or fewer employees,
one shall represent municipal corporations, and one shall represent
the interests of elementary and secondary school teachers in this
state. Within thirty days after October 1, 1990, the appointing
authorities shall make their initial appointments to the council. The
initial appointment to the council by the Ohio
board of regents chancellor
shall
be for a term ending two years after October 1, 1990. Of the initial
appointments made to the council by the governor, three shall be for
a term ending one year after October 1, 1990, and three shall be for
a term ending two years after October 1, 1990. Thereafter, the terms
of office of the members appointed by the Ohio
board of regents chancellor
and
the governor shall be for two years, with each term ending on the
same day of the same month as the term that it succeeds. Each member
shall hold office from the date of appointment until the end of the
term for which the member was appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original
appointments. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which the member's predecessor
was appointed shall hold office as a member of the board of trustees
for the remainder of that term. A member of the council appointed by
the Ohio
board of regents chancellor
or
the governor shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes office
or until a period of sixty days has elapsed, whichever occurs first.
The council shall hold at least two regular, semiannual meetings each year. Special meetings may be held at the behest of the chairperson or a majority of the members. The director of environmental protection shall serve as the chairperson of the council. The council annually shall select from among its members a vice-chairperson and a secretary to keep a record of its proceedings. A majority vote of the members of the council is necessary to take action on any matter.
Serving
as a member of the council does not constitute holding a public
office or a position of employment under the laws of this state and
does not constitute grounds for the removal of public officers or
employees from their offices or positions of employment. The Ohio
board of regents chancellor
may
at any time remove a member of the council appointed by it
the
chancellor for
misfeasance, malfeasance, or nonfeasance in office. The governor may
at any time remove a member of the council appointed by the governor
for misfeasance, malfeasance, or nonfeasance in office.
Members
of the council appointed by the Ohio
board of regents chancellor
and
the governor shall serve without compensation. Members of the council
shall be reimbursed for their actual and necessary expenses incurred
in the performance of their duties as members of the council from
moneys credited to the environmental education fund created in
section 3745.22 of the Revised Code.
(B) The council shall advise and assist the director of environmental protection in the implementation and administration of section 3745.22 of the Revised Code and shall review and comment on all expenditures from the fund proposed by the director.
(C) The council may adopt bylaws for the regulation and conduct of the council's affairs and may propose to the director of environmental protection expenditures from the fund.
Sec. 3781.106. (A) As used in this section:
(1) "Institution of higher education" means a state institution of higher education as defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code, or a school located in this state that possesses a certificate of registration and one or more program authorizations issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Nonresidential building" means a building or structure, or part of a building or structure, not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences, or erections thereon or therein. "Nonresidential building" does not include an institution of higher education, private school, or public school, as defined in this section.
(3) "Owner" means an individual or entity possessing title to a nonresidential building or an authorized agent of the owner.
(4) "Private school" means a chartered nonpublic school or a nonchartered nonpublic school.
(5) "Public school" means any school operated by a school district board of education, any community school established under Chapter 3314. of the Revised Code, any STEM school established under Chapter 3326. of the Revised Code, and any college-preparatory boarding school established under Chapter 3328. of the Revised Code.
(6) "School building" means a structure used for the instruction of students by a public or private school or institution of higher education.
(B)(1) The board of building standards shall adopt rules, in accordance with Chapter 119. of the Revised Code, for the use of a device by a staff member of a public or private school or institution of higher education that prevents both ingress and egress through a door in a school building, for a finite period of time, in an emergency situation, and during active shooter drills. The rules shall provide that the use of a device is permissible only if the device requires minimal steps to remove it after it is engaged.
The rules shall provide that the administrative authority of a building notify the police chief, or equivalent, of the law enforcement agency that has jurisdiction over the building, and the fire chief, or equivalent, of the fire department that serves the political subdivision in which the building is located, prior to the use of such devices in a building.
The rules may require that the device be visible from the exterior of the door.
(2) The device described in division (B)(1) of this section shall not be permanently mounted to the door.
(3) Each public and private school and institution of higher education shall provide its staff members in-service training on the use of the device described in division (B)(1) of this section. The school shall maintain a record verifying this training on file.
(4)
In consultation with the state
board department
of
education and
workforce and
the chancellor of higher education, the board shall determine and
include in the rules a definition of "emergency situation."
These rules shall apply to both existing and new school buildings.
(C)(1) The board of building standards shall adopt rules, in accordance with Chapter 119. of the Revised Code, for the use of a device by the owner, or a person authorized by the owner, of a nonresidential building that prevents both ingress and egress through a door in the building, for a finite period of time, in an emergency situation, and during active shooter drills. The rules shall provide that the use of a device is permissible only if the device requires minimal steps to remove it after it is engaged.
The rules shall require the owner of a building notify the police chief, or equivalent, of the law enforcement agency that has jurisdiction over the building, and the fire chief, or equivalent, of the fire department that serves the political subdivision in which the building is located, prior to the use of such devices in a building.
The rules may require that the device be visible from the exterior of the door.
(2) The device described in division (C)(1) of this section shall not be permanently mounted to the door.
(3) Each owner of a nonresidential building shall provide any person that may use the device described in division (C)(1) of this section training on the use of the device. The owner of the building shall maintain a record verifying this training on file.
(4) The board shall determine and include in the rules a definition of "emergency situation" for purposes of division (C)(1) of this section. These rules shall apply to both existing and new nonresidential buildings.
(D) Any provision of the state fire code that is in conflict with this section or section 3737.84 of the Revised Code is unenforceable.
Sec. 3781.11. (A) The rules of the board of building standards shall:
(1) For nonresidential buildings, provide uniform minimum standards and requirements, and for residential buildings, provide standards and requirements that are uniform throughout the state, for construction and construction materials, including construction of industrialized units, to make residential and nonresidential buildings safe and sanitary as defined in section 3781.06 of the Revised Code;
(2) Formulate such standards and requirements, so far as may be practicable, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;
(3) Permit, to the fullest extent feasible, the use of materials and technical methods, devices, and improvements, including the use of industrialized units which tend to reduce the cost of construction and erection without affecting minimum requirements for the health, safety, and security of the occupants or users of buildings or industrialized units and without preferential treatment of types or classes of materials or products or methods of construction;
(4) Encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material, and techniques, including methods employed to produce industrialized units;
(5) Not require any alteration or repair of any part of a school building owned by a chartered nonpublic school or a city, local, exempted village, or joint vocational school district and operated in conjunction with any primary or secondary school program that is not being altered or repaired if all of the following apply:
(a) The school building meets all of the applicable building code requirements in existence at the time of the construction of the building.
(b) The school building otherwise satisfies the requirements of section 3781.06 of the Revised Code.
(c) The part of the school building altered or repaired conforms to all rules of the board existing on the date of the repair or alteration.
(6) Not require any alteration or repair to any part of a workshop or factory that is not otherwise being altered, repaired, or added to if all of the following apply:
(a) The workshop or factory otherwise satisfies the requirements of section 3781.06 of the Revised Code.
(b) The part of the workshop or factory altered, repaired, or added conforms to all rules of the board existing on the date of plan approval of the repair, alteration, or addition.
(B) The rules of the board shall supersede and govern any order, standard, or rule of the division of industrial compliance in the department of commerce, division of the state fire marshal, the department of health, and of counties and townships, in all cases where such orders, standards, or rules are in conflict with the rules of the board, except that rules adopted and orders issued by the state fire marshal pursuant to Chapter 3743. of the Revised Code prevail in the event of a conflict.
(C) The construction, alteration, erection, and repair of buildings including industrialized units, and the materials and devices of any kind used in connection with them and the heating and ventilating of them and the plumbing and electric wiring in them shall conform to the statutes of this state or the rules adopted and promulgated by the board, and to provisions of local ordinances not inconsistent therewith. Any building, structure, or part thereof, constructed, erected, altered, manufactured, or repaired not in accordance with the statutes of this state or with the rules of the board, and any building, structure, or part thereof in which there is installed, altered, or repaired any fixture, device, and material, or plumbing, heating, or ventilating system, or electric wiring not in accordance with such statutes or rules is a public nuisance.
(D) As used in this section:
(1)
"Nonpublic school" means a chartered school for which
minimum standards are prescribed by the state
board director
of
education
and
workforce
pursuant
to division (D) of section 3301.07 of the Revised Code.
(2) "Workshop or factory" includes manufacturing, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, railroad depots, and memorial buildings, but does not include hotels and tenement and apartment houses.
Sec. 3798.01. As used in this chapter:
(A) "Administrative safeguards," "physical safeguards," and "technical safeguards" have the same meanings as in 45 C.F.R. 164.304.
(B) "Covered entity," "disclosure," "health care provider," "health information," "individually identifiable health information," "protected health information," and "use" have the same meanings as in 45 C.F.R. 160.103.
(C) "Designated record set" has the same meaning as in 45 C.F.R. 164.501.
(D) "Direct exchange" means the activity of electronic transmission of health information through a direct connection between the electronic record systems of health care providers without the use of a health information exchange.
(E) "Health care component" and "hybrid entity" have the same meanings as in 45 C.F.R. 164.103.
(F) "Health information exchange" means any person or governmental entity that provides in this state a technical infrastructure to connect computer systems or other electronic devices used by covered entities to facilitate the secure transmission of health information. "Health information exchange" excludes health care providers engaged in direct exchange, including direct exchange through the use of a health information service provider.
(G) "HIPAA privacy rule" means the standards for privacy of individually identifiable health information in 45 C.F.R. part 160 and in 45 C.F.R. part 164, subparts A and E.
(H) "Interoperability" means the capacity of two or more information systems to exchange information in an accurate, effective, secure, and consistent manner.
(I) "Minor" means an unemancipated person under eighteen years of age or a mentally or physically disabled person under twenty-one years of age who meets criteria specified in rules adopted by the medicaid director under section 3798.13 of the Revised Code.
(J) "More stringent" has the same meaning as in 45 C.F.R. 160.202.
(K) "Personal representative" means a person who has authority under applicable law to make decisions related to health care on behalf of an adult or emancipated minor, or the parent, legal guardian, or other person acting in loco parentis who is authorized under law to make health care decisions on behalf of an unemancipated minor. "Personal representative" does not include the parent or legal guardian of, or another person acting in loco parentis to, a minor who consents to the minor's own receipt of health care or a minor who makes medical decisions on the minor's own behalf pursuant to law, court approval, or because the minor's parent, legal guardian, or other person acting in loco parentis has assented to an agreement of confidentiality between the provider and the minor.
(L) "Political subdivision" means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.
(M) "State agency" means any one or more of the following:
(1) The department of administrative services;
(2) The department of aging;
(3) The department of mental health and addiction services;
(4) The department of developmental disabilities;
(5) The department of education and workforce;
(6) The department of health;
(7) The department of insurance;
(8) The department of job and family services;
(9) The department of medicaid;
(10) The department of rehabilitation and correction;
(11) The department of youth services;
(12) The bureau of workers' compensation;
(13) The opportunities for Ohioans with disabilities agency;
(14) The office of the attorney general;
(15) A health care licensing board created under Title XLVII of the Revised Code that possesses individually identifiable health information.
Sec. 4109.01. As used in this chapter:
(A) "Employ" means to permit or suffer to work.
(B) "Employer" means the state, its political subdivisions, and every person who employs any individual.
(C)
"Enforcement official" means the director of commerce or
the director's authorized representative, the superintendent
of public instruction director
of education and workforce or
the superintendent's
director's
authorized
representative, any school attendance officer, any probation officer,
the director of health or the director of health's authorized
representative, and any representative of a local department of
health.
(D) "Minor" means any person less than eighteen years of age.
(E) "Seasonal amusement or recreational establishment" means both of the following:
(1) An amusement or recreational establishment that does not operate for more than seven months in any calendar year;
(2) An amusement or recreational establishment whose average receipts for any six months during the preceding calendar year were not more than thirty-three and one-third per cent of its average receipts for the other six months of that calendar year.
Sec. 4109.06. (A) This chapter does not apply to the following:
(1) Minors who are students working on any properly guarded machines in the manual training department of any school when the work is performed under the personal supervision of an instructor;
(2) Students participating in a career-technical or STEM program approved by the Ohio department of education and workforce or students participating in any eligible classes through the college credit plus program established under Chapter 3365. of the Revised Code that include a state-recognized pre-apprenticeship program that imparts the skills and knowledge needed for successful participation in a registered apprenticeship occupation course;
(3) A minor participating in a play, pageant, or concert produced by an outdoor historical drama corporation, a professional traveling theatrical production, a professional concert tour, or a personal appearance tour as a professional motion picture star, or as an actor or performer in motion pictures or in radio or television productions in accordance with the rules adopted pursuant to division (A) of section 4109.05 of the Revised Code;
(4) The participation, without remuneration of a minor and with the consent of a parent or guardian, in a performance given by a church, school, or academy, or at a concert or entertainment given solely for charitable purposes, or by a charitable or religious institution;
(5) Minors who are employed by their parents in occupations other than occupations prohibited by rule adopted under this chapter;
(6) Minors engaged in the delivery of newspapers to the consumer;
(7) Minors who have received a high school diploma or a certificate of attendance from an accredited secondary school or a certificate of high school equivalence;
(8) Minors who are currently heads of households or are parents contributing to the support of their children;
(9) Minors engaged in lawn mowing, snow shoveling, and other related employment;
(10) Minors employed in agricultural employment in connection with farms operated by their parents, grandparents, or guardians where they are members of the guardians' household. Minors are not exempt from this chapter if they reside in agricultural labor camps as defined in section 3733.41 of the Revised Code;
(11) Students participating in a program to serve as precinct officers as authorized by section 3501.22 of the Revised Code.
(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the Revised Code do not apply to the following:
(1) Minors who work in a sheltered workshop operated by a county board of developmental disabilities;
(2) Minors performing services for a nonprofit organization where the minor receives no compensation, except for any expenses incurred by the minor or except for meals provided to the minor;
(3) Minors who are employed in agricultural employment and who do not reside in agricultural labor camps.
(C) Division (D) of section 4109.07 of the Revised Code does not apply to minors who have their employment hours established as follows:
(1) A minor adjudicated to be an unruly child or delinquent child who, as a result of the adjudication, is placed on probation may either file a petition in the juvenile court in whose jurisdiction the minor resides, or apply to the superintendent or to the chief administrative officer who issued the minor's age and schooling certificate pursuant to section 3331.01 of the Revised Code, alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests. Upon receipt of a petition or application, the court, the superintendent, or the chief administrative officer, as appropriate, shall consult with the person required to supervise the minor on probation. If after that consultation, the court, the superintendent, or the chief administrative officer finds the minor has failed to show the restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall uphold the restrictions. If after that consultation, the court, the superintendent, or the chief administrative officer finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall establish differing hours of employment for the minor and notify the minor and the minor's employer of those hours, which shall be binding in lieu of the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code.
(2) Any minor to whom division (C)(1) of this section does not apply may either file a petition in the juvenile court in whose jurisdiction the person resides, or apply to the superintendent or to the chief administrative officer who issued the minor's age and schooling certificate pursuant to section 3331.01 of the Revised Code, alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests.
If, as a result of a petition or application, the court, the superintendent, or the chief administrative officer, as appropriate, finds the minor has failed to show such restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall uphold the restrictions. If the court, the superintendent, or the chief administrative officer finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall establish the hours of employment for the minor and shall notify the minor and the minor's employer of those hours.
(D) Section 4109.03, divisions (A) and (C) of section 4109.02, and division (B) of section 4109.08 of the Revised Code do not apply to minors who are sixteen or seventeen years of age and who are employed at a seasonal amusement or recreational establishment.
(E) As used in this section, "certificate of high school equivalence" means either:
(1) A statement issued by the department of education and workforce that the holder of the statement has achieved the equivalent of a high school education as measured by scores obtained on a high school equivalency test approved by the department pursuant to division (B) of section 3301.80 of the Revised Code;
(2) A statement issued by a primary-secondary education or higher education agency of another state that the holder of the statement has achieved the equivalent of a high school education as measured by scores obtained on a similar nationally recognized high school equivalency test.
Sec. 4109.07. (A) No person under sixteen years of age shall be employed:
(1) During school hours except where specifically permitted by this chapter;
(2) Before seven a.m.;
(3) After nine p.m. from the first day of June to the first day of September or during any school holiday of five school days or more duration, or after seven p.m. at any other time;
(4) For more than three hours a day in any school day;
(5) For more than eighteen hours in any week while school is in session;
(6) For more than eight hours in any day which is not a school day;
(7) For more than forty hours in any week that school is not in session.
(B)
No person under sixteen years of age may be employed more than forty
hours in any one week nor during school hours unless employment is
incidental to bona fide programs of vocational cooperative training,
work-study, or other work- oriented programs with the purpose of
educating students, and the program meets standards established by
the state
board department
of
education
and
workforce.
(C) No employer shall employ a minor more than five consecutive hours without allowing the minor a rest period of at least thirty minutes. The rest period need not be included in the computation of the number of hours worked by the minor.
(D) No person sixteen or seventeen years of age who is required to attend school under Chapter 3321. of the Revised Code shall be employed:
(1) Before seven a.m. on any day that school is in session, except such person may be employed after six a.m. if the person was not employed after eight p.m. the previous night;
(2) After eleven p.m. on any night preceding a day that school is in session.
(E) As used in this section, "school" refers to either a school the child actually attends or a school he is required to attend pursuant to Chapter 3321. of the Revised Code.
Sec. 4109.22. (A) As used in this section:
(1) "Manufacturing occupation" means employment that consists of the mechanical, physical, or chemical transformation of materials, substances, or components into new products for sale, including the assembling of component parts into a finished product.
(2) Notwithstanding the definition of "employer" in section 4109.01 of the Revised Code, "employer" means every person who employs any individual in a manufacturing occupation.
(B) There is hereby created the manufacturing mentorship program to expose minors who are sixteen or seventeen years of age to manufacturing occupations in this state through temporary employment with an employer. An employer employing a minor under the mentorship program shall do all of the following:
(1) Determine the duration of the minor's employment;
(2) Assign the minor a mentor to provide direct and close supervision while the minor is engaged in any workplace activity;
(3) Provide the minor with the training described in division (C) of this section;
(4) Encourage the minor to participate in a career-technical education program approved by the department of education and workforce if the minor is not participating in a career-technical education program when the minor begins employment;
(5) Comply with all applicable state and federal laws and regulations relating to the employment of minors.
(C)(1) An employer employing a minor who is sixteen or seventeen years of age in a manufacturing occupation under the mentorship program shall provide the minor with training that includes all of the following:
(a) A ten-hour course in general industry safety and health hazard recognition and prevention approved by the occupational safety and health administration of the United States department of labor;
(b) Instructions on how to operate the specific tools the minor will use during the minor's employment;
(c) The general safety and health hazards to which the minor may be exposed at the minor's workplace;
(d) The value of safety and management commitment;
(e) Information on the employer's drug testing policy.
(2) For purposes of division (C)(1)(a) of this section, a minor may participate in a thirty-hour course in general industry safety and health hazard recognition and prevention approved by the occupational safety and health administration if the minor has already successfully completed a ten-hour course.
(3) The employer shall pay any costs associated with providing the training required by division (C)(1) or permitted under division (C)(2) of this section.
(4) An employer is not required to provide the training described in division (C)(1) or (2) of this section if the minor presents proof of completing the training during the six-month period immediately before beginning employment with the employer.
(D) The director of commerce, in consultation with employers, shall adopt rules in accordance with Chapter 119. of the Revised Code specifying a list of the tools that a minor who is sixteen or seventeen years of age who is employed under the mentorship program may operate during the minor's employment in a manufacturing occupation. The director shall use the manual issued by the wage and hour division of the United States department of labor titled "field operations handbook" or its successor for guidance in developing the list. Nothing in this division requires the director to include a tool on the list if the orders issued pursuant to the "Fair Labor Standards Act of 1938," 29 U.S.C. 201, et seq., and section 4109.05 of the Revised Code or rules adopted under that section specifically permit minors of that age to operate the tool.
(E) A minor who is sixteen or seventeen years of age who is employed by an employer under the mentorship program may work in any manufacturing occupation not denied by law to minors of that age under section 4109.05 of the Revised Code or rules adopted under that section.
(F) No employer shall do either of the following:
(1) Permit a minor who is sixteen or seventeen years of age to operate a tool minors of that age are permitted to operate pursuant to the rules adopted under division (D) of this section unless the minor is employed by the employer under the mentorship program;
(2) Permit a minor who is sixteen or seventeen years of age who is employed by the employer under the mentorship program to operate a tool prohibited for use by minors of that age pursuant to the "Fair Labor Standards Act of 1938," 29 U.S.C. 201, et seq., and section 4109.05 of the Revised Code or rules adopted under that section.
Sec. 4112.04. (A) The commission shall do all of the following:
(1) Establish and maintain a principal office in the city of Columbus and any other offices within the state that it considers necessary;
(2) Appoint an executive director who shall serve at the pleasure of the commission and be its principal administrative officer. The executive director shall be paid a salary fixed pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and agents who it considers necessary and prescribe their duties subject to Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to effectuate the provisions of this chapter and the policies and practice of the commission in connection with this chapter;
(5) Formulate policies to effectuate the purposes of this chapter and make recommendations to agencies and officers of the state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges made under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry on the enjoyment of civil rights by persons within the state;
(8) Report, from time to time, but not less than once a year, to the general assembly and the governor, describing in detail the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, and the other work performed by it, which report shall include a copy of any surveys prepared pursuant to division (A)(7) of this section and shall include the recommendations of the commission as to legislative or other remedial action;
(9) Prepare a comprehensive educational program, in cooperation with the department of education and workforce, for the students of the public schools of this state and for all other residents of this state that is designed to eliminate prejudice on the basis of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry in this state, to further good will among those groups, and to emphasize the origin of prejudice against those groups, its harmful effects, and its incompatibility with American principles of equality and fair play;
(10) Receive progress reports from agencies, instrumentalities, institutions, boards, commissions, and other entities of this state or any of its political subdivisions and their agencies, instrumentalities, institutions, boards, commissions, and other entities regarding affirmative action programs for the employment of persons against whom discrimination is prohibited by this chapter, or regarding any affirmative housing accommodations programs developed to eliminate or reduce an imbalance of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry. All agencies, instrumentalities, institutions, boards, commissions, and other entities of this state or its political subdivisions, and all political subdivisions, that have undertaken affirmative action programs pursuant to a conciliation agreement with the commission, an executive order of the governor, any federal statute or rule, or an executive order of the president of the United States shall file progress reports with the commission annually on or before the first day of November. The commission shall analyze and evaluate the progress reports and report its findings annually to the general assembly on or before the thirtieth day of January of the year immediately following the receipt of the reports.
(11) Notify a person who files a charge pursuant to section 4112.051 of the Revised Code that under division (A) of section 4112.052 of the Revised Code, the person is prohibited from bringing a civil action under this chapter unless one of the following applies:
(a) The conditions stated in division (B)(1) of section 4112.052 of the Revised Code are satisfied;
(b) An exception specified in division (B)(2) of section 4112.052 of the Revised Code applies.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion investigations of problems of employment or housing accommodations discrimination;
(3) Hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, require the production for examination of any books and papers relating to any matter under investigation or in question before the commission, and make rules as to the issuance of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy the premises, records, documents, and other evidence or possible sources of evidence and take and record the testimony or statements of the individuals as reasonably necessary for the furtherance of the hearing or investigation. In investigations, the commission shall comply with the fourth amendment to the United States Constitution relating to unreasonable searches and seizures. The commission or a member of the commission may issue subpoenas to compel access to or the production of premises, records, documents, and other evidence or possible sources of evidence or the appearance of individuals, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a court of common pleas.
(b) Upon written application by a party to a hearing under division (B) of section 4112.05 or division (G) of section 4112.051 of the Revised Code, the commission shall issue subpoenas in its name to the same extent and subject to the same limitations as subpoenas issued by the commission. Subpoenas issued at the request of a party shall show on their face the name and address of the party and shall state that they were issued at the party's request.
(c) Witnesses summoned by subpoena of the commission are entitled to the witness and mileage fees provided for under section 119.094 of the Revised Code.
(d) Within five days after service of a subpoena upon any person, the person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires an appearance or attendance at an unreasonable time or place, that it requires production of evidence that does not relate to any matter before the commission, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena, the commission or person at whose request it was issued may petition for its enforcement in the court of common pleas in the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(4) Create local or statewide advisory agencies and conciliation councils to aid in effectuating the purposes of this chapter. The commission may itself, or it may empower these agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or specific fields of human relationships when based on race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry;
(b) Foster through community effort, or otherwise, good will among the groups and elements of the population of the state.
The agencies and councils may make recommendations to the commission for the development of policies and procedures in general. They shall be composed of representative citizens who shall serve without pay, except that reimbursement for actual and necessary traveling expenses shall be made to citizens who serve on a statewide agency or council.
(5) Issue any publications and the results of investigations and research that in its judgment will tend to promote good will and minimize or eliminate discrimination because of race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry.
Sec.
4112.12. (A)
There is hereby created the commission on African-Americans, which
shall consist of not more than thirteen members as follows: the
directors or their designees of the departments of health,
development, mental health and addiction services, and job and family
services; the
superintendent of public instruction; the
chancellor of higher education or the chancellor's designee; the
director of education and workforce; two
members of the house of representatives appointed by the speaker of
the house of representatives each of whom shall be members of
different political parties; and two members of the senate appointed
by the president of the senate each of whom shall be members of
different political parties. The members who are members of the
general assembly shall be nonvoting members. The Ohio state
university Bell national resource center, in consultation with the
governor, shall appoint two members from the private corporate sector
or the nonprofit sector, and one member with experience in the
philanthropic community.
(B) Terms of office shall be for three years, except that members of the general assembly appointed to the commission shall be members only so long as they are members of the general assembly. Each term ends on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
The commission annually shall elect a chairperson from among its members.
(C) Members of the commission and members of subcommittees appointed under division (B) of section 4112.13 of the Revised Code shall not be compensated, but shall be reimbursed for their necessary and actual expenses incurred in the performance of their official duties.
(D) The Ohio state university Bell national resource center, in consultation with the governor, shall appoint an executive director of the commission on African-Americans, who shall be in the unclassified civil service. The executive director shall supervise the commission's activities and report to the commission and to the Ohio state university Bell national resource center on the progress of those activities. The executive director shall do all things necessary for the efficient and effective implementation of the duties of the commission.
The responsibilities assigned to the executive director do not relieve the members of the commission from final responsibility for the proper performance of the requirements of this division.
(E) The commission on African-Americans shall do all of the following:
(1) Employ, promote, supervise, and remove all employees, as needed, in connection with the performance of its duties under this section;
(2) Maintain its office at the Ohio state university Bell national resource center;
(3) Acquire facilities, equipment, and supplies necessary to house the commission, its employees, and files and records under its control, and to discharge any duty imposed upon it by law. The expense of these acquisitions shall be audited and paid for in the same manner as other state expenses.
(4) Establish the overall policy and management of the commission in accordance with this chapter;
(5) Follow all state procurement requirements;
(6) Implement the policies and plans of the Ohio state university Bell national resource center as those policies and plans are formulated and adopted by the center;
(7) Report to the Ohio state university Bell national resource center on the progress of the commission on African-Americans in implementing the policies and plans of the center.
(F) The commission on African-Americans may:
(1) Hold sessions at any place within the state, except that the commission shall meet at least quarterly;
(2) Establish, change, or abolish positions, and assign and reassign duties and responsibilities of any employee of the commission as necessary to achieve the most efficient performance of its functions.
(G) The Ohio state university Bell national resource center shall establish the overall policy and management of the commission on African-Americans and shall direct, manage, and oversee the commission. The center shall develop overall policies and plans, and the commission shall implement those policies and plans. The commission, through its executive director, shall keep the center informed as to the activities of the commission in such manner and at such times as the center shall determine.
The Ohio state university Bell national resource center may prescribe duties and responsibilities of the commission in addition to those prescribed in section 4112.13 of the Revised Code.
(H) The Ohio state university Bell national resource center annually shall contract for a report on the status of African Americans in this state. Issues to be evaluated in the report shall include the criminal justice system, education, employment, health care, and housing, and such other issues as the center may specify. The report shall include policy recommendations relating to the issues covered in the report.
Sec. 4117.10. (A) An agreement between a public employer and an exclusive representative entered into pursuant to this chapter governs the wages, hours, and terms and conditions of public employment covered by the agreement. If the agreement provides for a final and binding arbitration of grievances, public employers, employees, and employee organizations are subject solely to that grievance procedure and the state personnel board of review or civil service commissions have no jurisdiction to receive and determine any appeals relating to matters that were the subject of a final and binding grievance procedure. Where no agreement exists or where an agreement makes no specification about a matter, the public employer and public employees are subject to all applicable state or local laws or ordinances pertaining to the wages, hours, and terms and conditions of employment for public employees. All of the following prevail over conflicting provisions of agreements between employee organizations and public employers:
(1) Laws pertaining to any of the following subjects:
(a) Civil rights;
(b) Affirmative action;
(c) Unemployment compensation;
(d) Workers' compensation;
(e) The retirement of public employees;
(f) Residency requirements;
(g) The minimum educational requirements contained in the Revised Code pertaining to public education including the requirement of a certificate by the fiscal officer of a school district pursuant to section 5705.41 of the Revised Code;
(h) The provisions of division (A) of section 124.34 of the Revised Code governing the disciplining of officers and employees who have been convicted of a felony;
(i)
The minimum standards promulgated by the state
board director
of
education
and
workforce
pursuant
to division (D) of section 3301.07 of the Revised Code.
(2) The law pertaining to the leave of absence and compensation provided under section 5923.05 of the Revised Code, if the terms of the agreement contain benefits which are less than those contained in that section or the agreement contains no such terms and the public authority is the state or any agency, authority, commission, or board of the state or if the public authority is another entity listed in division (B) of section 4117.01 of the Revised Code that elects to provide leave of absence and compensation as provided in section 5923.05 of the Revised Code;
(3) The law pertaining to the leave established under section 5906.02 of the Revised Code, if the terms of the agreement contain benefits that are less than those contained in section 5906.02 of the Revised Code;
(4)
The law pertaining to excess benefits prohibited under section
3345.311 of the Revised Code with respect to an agreement between an
employee organization and a public employer entered into on or after
the
effective date of this amendment September
29, 2015.
Except
for sections 306.08, 306.12, 306.35, and 4981.22 of the Revised Code
and arrangements entered into thereunder, and section 4981.21 of the
Revised Code as necessary to comply with section 13(c) of the "Urban
Mass Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A.
1609(c), as amended, and arrangements entered into thereunder, this
chapter prevails over any and all other conflicting laws,
resolutions, provisions, present or future, except as otherwise
specified in this chapter or as otherwise specified by the general
assembly. Nothing in this section prohibits or shall be construed to
invalidate the provisions of an agreement establishing supplemental
workers' compensation or unemployment compensation benefits or
exceeding minimum requirements contained in the Revised Code
pertaining to public education or the minimum standards promulgated
by the state
board director
of
education
and
workforce
pursuant
to division (D) of section 3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds necessary to implement an agreement and for approval of any other matter requiring the approval of the appropriate legislative body to the legislative body within fourteen days of the date on which the parties finalize the agreement, unless otherwise specified, but if the appropriate legislative body is not in session at the time, then within fourteen days after it convenes. The legislative body must approve or reject the submission as a whole, and the submission is deemed approved if the legislative body fails to act within thirty days after the public employer submits the agreement. The parties may specify that those provisions of the agreement not requiring action by a legislative body are effective and operative in accordance with the terms of the agreement, provided there has been compliance with division (C) of this section. If the legislative body rejects the submission of the public employer, either party may reopen all or part of the entire agreement.
As used in this section, "legislative body" includes the governing board of a municipal corporation, school district, college or university, village, township, or board of county commissioners or any other body that has authority to approve the budget of their public jurisdiction and, with regard to the state, "legislative body" means the controlling board.
(C) The chief executive officer, or the chief executive officer's representative, of each municipal corporation, the designated representative of the board of education of each school district, college or university, or any other body that has authority to approve the budget of their public jurisdiction, the designated representative of the board of county commissioners and of each elected officeholder of the county whose employees are covered by the collective negotiations, and the designated representative of the village or the board of township trustees of each township is responsible for negotiations in the collective bargaining process; except that the legislative body may accept or reject a proposed collective bargaining agreement. When the matters about which there is agreement are reduced to writing and approved by the employee organization and the legislative body, the agreement is binding upon the legislative body, the employer, and the employee organization and employees covered by the agreement.
(D) There is hereby established an office of collective bargaining in the department of administrative services for the purpose of negotiating with and entering into written agreements between state agencies, departments, boards, and commissions and the exclusive representative on matters of wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement. Nothing in any provision of law to the contrary shall be interpreted as excluding the bureau of workers' compensation and the industrial commission from the preceding sentence. This office shall not negotiate on behalf of other statewide elected officials or boards of trustees of state institutions of higher education who shall be considered as separate public employers for the purposes of this chapter; however, the office may negotiate on behalf of these officials or trustees where authorized by the officials or trustees. The staff of the office of collective bargaining are in the unclassified service. The director of administrative services shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's philosophy for public collective bargaining as well as planning bargaining strategies;
(2) Conduct negotiations with the exclusive representatives of each employee organization;
(3) Coordinate the state's resources in all mediation, fact-finding, and arbitration cases as well as in all labor disputes;
(4) Conduct systematic reviews of collective bargaining agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports as requested to the governor and the general assembly on the implementation of this chapter and its impact upon state government.
Sec.
4117.102. The
state employment relations board shall compile a list of the school
districts in the state that have filed with the board agreements
entered into with teacher employee organizations under this chapter.
The board shall annually update the list to reflect, for each
district, for the current fiscal year, the starting salary in the
district for teachers with no prior teaching experience who hold
bachelors degrees. The board shall send a copy of each annually
updated list to the state
board department
of
education
and
workforce.
Sec. 4141.01. As used in this chapter, unless the context otherwise requires:
(A)(1) "Employer" means the state, its instrumentalities, its political subdivisions and their instrumentalities, Indian tribes, and any individual or type of organization including any partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the successor thereof, or the legal representative of a deceased person who subsequent to December 31, 1971, or in the case of political subdivisions or their instrumentalities, subsequent to December 31, 1973:
(a) Had in employment at least one individual, or in the case of a nonprofit organization, subsequent to December 31, 1973, had not less than four individuals in employment for some portion of a day in each of twenty different calendar weeks, in either the current or the preceding calendar year whether or not the same individual was in employment in each such day; or
(b) Except for a nonprofit organization, had paid for service in employment wages of fifteen hundred dollars or more in any calendar quarter in either the current or preceding calendar year; or
(c) Had paid, subsequent to December 31, 1977, for employment in domestic service in a local college club, or local chapter of a college fraternity or sorority, cash remuneration of one thousand dollars or more in any calendar quarter in the current calendar year or the preceding calendar year, or had paid subsequent to December 31, 1977, for employment in domestic service in a private home cash remuneration of one thousand dollars in any calendar quarter in the current calendar year or the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of this section, there shall not be taken into account any wages paid to, or employment of, an individual performing domestic service as described in this division.
(ii) An employer under this division shall not be an employer with respect to wages paid for any services other than domestic service unless the employer is also found to be an employer under division (A)(1)(a), (b), or (d) of this section.
(d) As a farm operator or a crew leader subsequent to December 31, 1977, had in employment individuals in agricultural labor; and
(i) During any calendar quarter in the current calendar year or the preceding calendar year, paid cash remuneration of twenty thousand dollars or more for the agricultural labor; or
(ii) Had at least ten individuals in employment in agricultural labor, not including agricultural workers who are aliens admitted to the United States to perform agricultural labor pursuant to sections 1184(c) and 1101(a)(15)(H) of the "Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A. 1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each of the twenty different calendar weeks, in either the current or preceding calendar year whether or not the same individual was in employment in each day; or
(e) Is not otherwise an employer as defined under division (A)(1)(a) or (b) of this section; and
(i) For which, within either the current or preceding calendar year, service, except for domestic service in a private home not covered under division (A)(1)(c) of this section, is or was performed with respect to which such employer is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund;
(ii) Which, as a condition for approval of this chapter for full tax credit against the tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is required, pursuant to such act to be an employer under this chapter; or
(iii) Who became an employer by election under division (A)(4) or (5) of this section and for the duration of such election; or
(f) In the case of the state, its instrumentalities, its political subdivisions, and their instrumentalities, and Indian tribes, had in employment, as defined in divisions (B)(2)(a) and (B)(2)(l) of this section, at least one individual;
(g) For the purposes of division (A)(1)(a) of this section, if any week includes both the thirty-first day of December and the first day of January, the days of that week before the first day of January shall be considered one calendar week and the days beginning the first day of January another week.
(2) Each individual employed to perform or to assist in performing the work of any agent or employee of an employer is employed by such employer for all the purposes of this chapter, whether such individual was hired or paid directly by such employer or by such agent or employee, provided the employer had actual or constructive knowledge of the work. All individuals performing services for an employer of any person in this state who maintains two or more establishments within this state are employed by a single employer for the purposes of this chapter.
(3) An employer subject to this chapter within any calendar year is subject to this chapter during the whole of such year and during the next succeeding calendar year.
(4) An employer not otherwise subject to this chapter who files with the director of job and family services a written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of such election by the director, become an employer subject to this chapter to the same extent as all other employers as of the date stated in such approval, and shall cease to be subject to this chapter as of the first day of January of any calendar year subsequent to such two calendar years only if at least thirty days prior to such first day of January the employer has filed with the director a written notice to that effect.
(5) Any employer for whom services that do not constitute employment are performed may file with the director a written election that all such services performed by individuals in the employer's employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter, for not less than two calendar years. Upon written approval of the election by the director, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in such approval. Such services shall cease to be employment subject to this chapter as of the first day of January of any calendar year subsequent to such two calendar years only if at least thirty days prior to such first day of January such employer has filed with the director a written notice to that effect.
(6) "Employer" does not include a franchisor with respect to the franchisor's relationship with a franchisee or an employee of a franchisee, unless the franchisor agrees to assume that role in writing or a court of competent jurisdiction determines that the franchisor exercises a type or degree of control over the franchisee or the franchisee's employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademark, brand, or both. For purposes of this division, "franchisor" and "franchisee" have the same meanings as in 16 C.F.R. 436.1.
(B)(1) "Employment" means service performed by an individual for remuneration under any contract of hire, written or oral, express or implied, including service performed in interstate commerce and service performed by an officer of a corporation, without regard to whether such service is executive, managerial, or manual in nature, and without regard to whether such officer is a stockholder or a member of the board of directors of the corporation, unless it is shown to the satisfaction of the director that such individual has been and will continue to be free from direction or control over the performance of such service, both under a contract of service and in fact. The director shall adopt rules to define "direction or control."
(2) "Employment" includes:
(a) Service performed after December 31, 1977, by an individual in the employ of the state or any of its instrumentalities, or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions and without regard to divisions (A)(1)(a) and (b) of this section, provided that such service is excluded from employment as defined in the "Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 3306(c)(7) and is not excluded under division (B)(3) of this section; or the services of employees covered by voluntary election, as provided under divisions (A)(4) and (5) of this section;
(b) Service performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational, or other organization which is excluded from the term "employment" as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A. 3306(c)(8) of that act and is not excluded under division (B)(3) of this section;
(c) Domestic service performed after December 31, 1977, for an employer, as provided in division (A)(1)(c) of this section;
(d) Agricultural labor performed after December 31, 1977, for a farm operator or a crew leader, as provided in division (A)(1)(d) of this section;
(e) Subject to division (B)(2)(m) of this section, service not covered under division (B)(1) of this section which is performed after December 31, 1971:
(i) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages other than milk, laundry, or dry-cleaning services, for the individual's employer or principal;
(ii) As a traveling or city salesperson, other than as an agent-driver or commission-driver, engaged on a full-time basis in the solicitation on behalf of and in the transmission to the salesperson's employer or principal except for sideline sales activities on behalf of some other person of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale, or supplies for use in their business operations, provided that for the purposes of division (B)(2)(e)(ii) of this section, the services shall be deemed employment if the contract of service contemplates that substantially all of the services are to be performed personally by the individual and that the individual does not have a substantial investment in facilities used in connection with the performance of the services other than in facilities for transportation, and the services are not in the nature of a single transaction that is not a part of a continuing relationship with the person for whom the services are performed.
(f) An individual's entire service performed within or both within and without the state if:
(i) The service is localized in this state.
(ii) The service is not localized in any state, but some of the service is performed in this state and either the base of operations, or if there is no base of operations then the place from which such service is directed or controlled, is in this state or the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this state.
(g) Service not covered under division (B)(2)(f)(ii) of this section and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state, the Virgin Islands, Canada, or of the United States, if the individual performing such service is a resident of this state and the director approves the election of the employer for whom such services are performed; or, if the individual is not a resident of this state but the place from which the service is directed or controlled is in this state, the entire services of such individual shall be deemed to be employment subject to this chapter, provided service is deemed to be localized within this state if the service is performed entirely within this state or if the service is performed both within and without this state but the service performed without this state is incidental to the individual's service within the state, for example, is temporary or transitory in nature or consists of isolated transactions;
(h) Service of an individual who is a citizen of the United States, performed outside the United States except in Canada after December 31, 1971, or the Virgin Islands, after December 31, 1971, and before the first day of January of the year following that in which the United States secretary of labor approves the Virgin Islands law for the first time, in the employ of an American employer, other than service which is "employment" under divisions (B)(2)(f) and (g) of this section or similar provisions of another state's law, if:
(i) The employer's principal place of business in the United States is located in this state;
(ii) The employer has no place of business in the United States, but the employer is an individual who is a resident of this state; or the employer is a corporation which is organized under the laws of this state, or the employer is a partnership or a trust and the number of partners or trustees who are residents of this state is greater than the number who are residents of any other state; or
(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii) of this section is met but the employer has elected coverage in this state or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under this chapter.
(i) For the purposes of division (B)(2)(h) of this section, the term "American employer" means an employer who is an individual who is a resident of the United States; or a partnership, if two-thirds or more of the partners are residents of the United States; or a trust, if all of the trustees are residents of the United States; or a corporation organized under the laws of the United States or of any state, provided the term "United States" includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(j) Notwithstanding any other provisions of divisions (B)(1) and (2) of this section, service, except for domestic service in a private home not covered under division (A)(1)(c) of this section, with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund, or service, except for domestic service in a private home not covered under division (A)(1)(c) of this section, which, as a condition for full tax credit against the tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is required to be covered under this chapter.
(k) Construction services performed by any individual under a construction contract, as defined in section 4141.39 of the Revised Code, if the director determines that the employer for whom services are performed has the right to direct or control the performance of the services and that the individuals who perform the services receive remuneration for the services performed. The director shall presume that the employer for whom services are performed has the right to direct or control the performance of the services if ten or more of the following criteria apply:
(i) The employer directs or controls the manner or method by which instructions are given to the individual performing services;
(ii) The employer requires particular training for the individual performing services;
(iii) Services performed by the individual are integrated into the regular functioning of the employer;
(iv) The employer requires that services be provided by a particular individual;
(v) The employer hires, supervises, or pays the wages of the individual performing services;
(vi) A continuing relationship between the employer and the individual performing services exists which contemplates continuing or recurring work, even if not full-time work;
(vii) The employer requires the individual to perform services during established hours;
(viii) The employer requires that the individual performing services be devoted on a full-time basis to the business of the employer;
(ix) The employer requires the individual to perform services on the employer's premises;
(x) The employer requires the individual performing services to follow the order of work established by the employer;
(xi) The employer requires the individual performing services to make oral or written reports of progress;
(xii) The employer makes payment to the individual for services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual performing services;
(xiv) The employer furnishes the tools and materials for use by the individual to perform services;
(xv) The individual performing services has not invested in the facilities used to perform services;
(xvi) The individual performing services does not realize a profit or suffer a loss as a result of the performance of the services;
(xvii) The individual performing services is not performing services for more than two employers simultaneously;
(xviii) The individual performing services does not make the services available to the general public;
(xix) The employer has a right to discharge the individual performing services;
(xx) The individual performing services has the right to end the individual's relationship with the employer without incurring liability pursuant to an employment contract or agreement.
(l) Service performed by an individual in the employ of an Indian tribe as defined by section 4(e) of the "Indian Self-Determination and Education Assistance Act," 88 Stat. 2204 (1975), 25 U.S.C.A. 450b(e), including any subdivision, subsidiary, or business enterprise wholly owned by an Indian tribe provided that the service is excluded from employment as defined in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division (B)(3) of this section.
(m) Service performed by an individual for or on behalf of a motor carrier transporting property as an operator of a vehicle or vessel, unless all of the following factors apply to the individual and the motor carrier has not elected to consider the individual's service as employment:
(i) The individual owns the vehicle or vessel that is used in performing the services for or on behalf of the carrier, or the individual leases the vehicle or vessel under a bona fide lease agreement that is not a temporary replacement lease agreement. For purposes of this division, a bona fide lease agreement does not include an agreement between the individual and the motor carrier transporting property for which, or on whose behalf, the individual provides services.
(ii) The individual is responsible for supplying the necessary personal services to operate the vehicle or vessel used to provide the service.
(iii) The compensation paid to the individual is based on factors related to work performed, including on a mileage-based rate or a percentage of any schedule of rates, and not solely on the basis of the hours or time expended.
(iv) The individual substantially controls the means and manner of performing the services, in conformance with regulatory requirements and specifications of the shipper.
(v) The individual enters into a written contract with the carrier for whom the individual is performing the services that describes the relationship between the individual and the carrier to be that of an independent contractor and not that of an employee.
(vi) The individual is responsible for substantially all of the principal operating costs of the vehicle or vessel and equipment used to provide the services, including maintenance, fuel, repairs, supplies, vehicle or vessel insurance, and personal expenses, except that the individual may be paid by the carrier the carrier's fuel surcharge and incidental costs, including tolls, permits, and lumper fees.
(vii) The individual is responsible for any economic loss or economic gain from the arrangement with the carrier.
(viii) The individual is not performing services described in 26 U.S.C. 3306(c)(7) or (8).
(3) "Employment" does not include the following services if they are found not subject to the "Federal Unemployment Tax Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services are not required to be included under division (B)(2)(j) of this section:
(a) Service performed after December 31, 1977, in agricultural labor, except as provided in division (A)(1)(d) of this section;
(b) Domestic service performed after December 31, 1977, in a private home, local college club, or local chapter of a college fraternity or sorority except as provided in division (A)(1)(c) of this section;
(c) Service performed after December 31, 1977, for this state or a political subdivision as described in division (B)(2)(a) of this section when performed:
(i) As a publicly elected official;
(ii) As a member of a legislative body, or a member of the judiciary;
(iii) As a military member of the Ohio national guard;
(iv) As an employee, not in the classified service as defined in section 124.11 of the Revised Code, serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
(v) In a position which, under or pursuant to law, is designated as a major nontenured policymaking or advisory position, not in the classified service of the state, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.
(d) In the employ of any governmental unit or instrumentality of the United States;
(e) Service performed after December 31, 1971:
(i) Service in the employ of an educational institution or institution of higher education, including those operated by the state or a political subdivision, if such service is performed by a student who is enrolled and is regularly attending classes at the educational institution or institution of higher education; or
(ii) By an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at the institution, which combines academic instruction with work experience, if the service is an integral part of the program, and the institution has so certified to the employer, provided that this subdivision shall not apply to service performed in a program established for or on behalf of an employer or group of employers.
(f) Service performed by an individual in the employ of the individual's son, daughter, or spouse and service performed by a child under the age of eighteen in the employ of the child's father or mother;
(g) Service performed for one or more principals by an individual who is compensated on a commission basis, who in the performance of the work is master of the individual's own time and efforts, and whose remuneration is wholly dependent on the amount of effort the individual chooses to expend, and which service is not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after December 31, 1971:
(i) By an individual for an employer as an insurance agent or as an insurance solicitor, if all this service is performed for remuneration solely by way of commission;
(ii) As a home worker performing work, according to specifications furnished by the employer for whom the services are performed, on materials or goods furnished by such employer which are required to be returned to the employer or to a person designated for that purpose.
(h) Service performed after December 31, 1971:
(i) In the employ of a church or convention or association of churches, or in an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches;
(ii) By a duly ordained, commissioned, or licensed minister of a church in the exercise of the individual's ministry or by a member of a religious order in the exercise of duties required by such order; or
(iii) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental disability or injury, or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work.
(i) Service performed after June 30, 1939, with respect to which unemployment compensation is payable under the "Railroad Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;
(j) Service performed by an individual in the employ of any organization exempt from income tax under section 501 of the "Internal Revenue Code of 1954," if the remuneration for such service does not exceed fifty dollars in any calendar quarter, or if such service is in connection with the collection of dues or premiums for a fraternal beneficial society, order, or association and is performed away from the home office or is ritualistic service in connection with any such society, order, or association;
(k) Casual labor not in the course of an employer's trade or business; incidental service performed by an officer, appraiser, or member of a finance committee of a bank, building and loan association, savings and loan association, or savings association when the remuneration for such incidental service exclusive of the amount paid or allotted for directors' fees does not exceed sixty dollars per calendar quarter is casual labor;
(l) Service performed in the employ of a voluntary employees' beneficial association providing for the payment of life, sickness, accident, or other benefits to the members of such association or their dependents or their designated beneficiaries, if admission to a membership in such association is limited to individuals who are officers or employees of a municipal or public corporation, of a political subdivision of the state, or of the United States and no part of the net earnings of such association inures, other than through such payments, to the benefit of any private shareholder or individual;
(m) Service performed by an individual in the employ of a foreign government, including service as a consular or other officer or employee or of a nondiplomatic representative;
(n) Service performed in the employ of an instrumentality wholly owned by a foreign government if the service is of a character similar to that performed in foreign countries by employees of the United States or of an instrumentality thereof and if the director finds that the secretary of state of the United States has certified to the secretary of the treasury of the United States that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States and of instrumentalities thereof;
(o) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress;
(p) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law, and service performed as an intern in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to state law;
(q) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
(r) Service performed in the employ of the United States or an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by this chapter, except that to the extent that congress permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, this chapter shall be applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers, individuals, and services, provided that if this state is not certified for any year by the proper agency of the United States under section 3304 of the "Internal Revenue Code of 1954," the payments required of such instrumentalities with respect to such year shall be refunded by the director from the fund in the same manner and within the same period as is provided in division (E) of section 4141.09 of the Revised Code with respect to contributions erroneously collected;
(s) Service performed by an individual as a member of a band or orchestra, provided such service does not represent the principal occupation of such individual, and which service is not subject to or required to be covered for full tax credit against the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.
(t) Service performed in the employ of a day camp whose camping season does not exceed twelve weeks in any calendar year, and which service is not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after December 31, 1971:
(i) In the employ of a hospital, if the service is performed by a patient of the hospital, as defined in division (W) of this section;
(ii) For a prison or other correctional institution by an inmate of the prison or correctional institution;
(iii) Service performed after December 31, 1977, by an inmate of a custodial institution operated by the state, a political subdivision, or a nonprofit organization.
(u) Service that is performed by a nonresident alien individual for the period the individual temporarily is present in the United States as a nonimmigrant under division (F), (J), (M), or (Q) of section 101(a)(15) of the "Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded under section 3306(c)(19) of the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.
(v) Notwithstanding any other provisions of division (B)(3) of this section, services that are excluded under divisions (B)(3)(g), (j), (k), and (l) of this section shall not be excluded from employment when performed for a nonprofit organization, as defined in division (X) of this section, or for this state or its instrumentalities, or for a political subdivision or its instrumentalities or for Indian tribes;
(w) Service that is performed by an individual working as an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than one thousand dollars;
(x) Service performed for an elementary or secondary school that is operated primarily for religious purposes, that is described in subsection 501(c)(3) and exempt from federal income taxation under subsection 501(a) of the Internal Revenue Code, 26 U.S.C.A. 501;
(y) Service performed by a person committed to a penal institution.
(z) Service performed for an Indian tribe as described in division (B)(2)(l) of this section when performed in any of the following manners:
(i) As a publicly elected official;
(ii) As a member of an Indian tribal council;
(iii) As a member of a legislative or judiciary body;
(iv) In a position which, pursuant to Indian tribal law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position where the performance of the duties ordinarily does not require more than eight hours of time per week;
(v) As an employee serving on a temporary basis in the case of a fire, storm, snow, earthquake, flood, or similar emergency.
(aa) Service performed after December 31, 1971, for a nonprofit organization, this state or its instrumentalities, a political subdivision or its instrumentalities, or an Indian tribe as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision, thereof, by an individual receiving the work-relief or work-training.
(bb) Participation in a learn to earn program as defined in section 4141.293 of the Revised Code.
(4) If the services performed during one half or more of any pay period by an employee for the person employing that employee constitute employment, all the services of such employee for such period shall be deemed to be employment; but if the services performed during more than one half of any such pay period by an employee for the person employing that employee do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in division (B)(4) of this section, "pay period" means a period, of not more than thirty-one consecutive days, for which payment of remuneration is ordinarily made to the employee by the person employing that employee. Division (B)(4) of this section does not apply to services performed in a pay period by an employee for the person employing that employee, if any of such service is excepted by division (B)(3)(o) of this section.
(C) "Benefits" means money payments payable to an individual who has established benefit rights, as provided in this chapter, for loss of remuneration due to the individual's unemployment.
(D) "Benefit rights" means the weekly benefit amount and the maximum benefit amount that may become payable to an individual within the individual's benefit year as determined by the director.
(E) "Claim for benefits" means a claim for waiting period or benefits for a designated week.
(F) "Additional claim" means the first claim for benefits filed following any separation from employment during a benefit year; "continued claim" means any claim other than the first claim for benefits and other than an additional claim.
(G) "Wages" means remuneration paid to an employee by each of the employee's employers with respect to employment; except that wages shall not include that part of remuneration paid during any calendar year to an individual by an employer or such employer's predecessor in interest in the same business or enterprise, which in any calendar year is in excess of nine thousand dollars on and after January 1, 1995; nine thousand five hundred dollars on and after January 1, 2018; and nine thousand dollars on and after January 1, 2020. Remuneration in excess of such amounts shall be deemed wages subject to contribution to the same extent that such remuneration is defined as wages under the "Federal Unemployment Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The remuneration paid an employee by an employer with respect to employment in another state, upon which contributions were required and paid by such employer under the unemployment compensation act of such other state, shall be included as a part of remuneration in computing the amount specified in this division.
(H)(1) "Remuneration" means all compensation for personal services, including commissions and bonuses and the cash value of all compensation in any medium other than cash, except that in the case of agricultural or domestic service, "remuneration" includes only cash remuneration. Gratuities customarily received by an individual in the course of the individual's employment from persons other than the individual's employer and which are accounted for by such individual to the individual's employer are taxable wages.
The reasonable cash value of compensation paid in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the director, provided that "remuneration" does not include:
(a) Payments as provided in divisions (b)(2) to (b)(20) of section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, as amended;
(b) The payment by an employer, without deduction from the remuneration of the individual in the employer's employ, of the tax imposed upon an individual in the employer's employ under section 3101 of the "Internal Revenue Code of 1954," with respect to services performed after October 1, 1941.
(2) "Cash remuneration" means all remuneration paid in cash, including commissions and bonuses, but not including the cash value of all compensation in any medium other than cash.
(I) "Interested party" means the director and any party to whom notice of a determination of an application for benefit rights or a claim for benefits is required to be given under section 4141.28 of the Revised Code.
(J) "Annual payroll" means the total amount of wages subject to contributions during a twelve-month period ending with the last day of the second calendar quarter of any calendar year.
(K) "Average annual payroll" means the average of the last three annual payrolls of an employer, provided that if, as of any computation date, the employer has had less than three annual payrolls in such three-year period, such average shall be based on the annual payrolls which the employer has had as of such date.
(L)(1) "Contributions" means the money payments to the state unemployment compensation fund required of employers by section 4141.25 of the Revised Code and of the state and any of its political subdivisions electing to pay contributions under section 4141.242 of the Revised Code. Employers paying contributions shall be described as "contributory employers."
(2) "Payments in lieu of contributions" means the money payments to the state unemployment compensation fund required of reimbursing employers under sections 4141.241 and 4141.242 of the Revised Code.
(M) An individual is "totally unemployed" in any week during which the individual performs no services and with respect to such week no remuneration is payable to the individual.
(N) An individual is "partially unemployed" in any week if, due to involuntary loss of work, the total remuneration payable to the individual for such week is less than the individual's weekly benefit amount.
(O) "Week" means the calendar week ending at midnight Saturday unless an equivalent week of seven consecutive calendar days is prescribed by the director.
(1) "Qualifying week" means any calendar week in an individual's base period with respect to which the individual earns or is paid remuneration in employment subject to this chapter. A calendar week with respect to which an individual earns remuneration but for which payment was not made within the base period, when necessary to qualify for benefit rights, may be considered to be a qualifying week. The number of qualifying weeks which may be established in a calendar quarter shall not exceed the number of calendar weeks in the quarter.
(2) "Average weekly wage" means the amount obtained by dividing an individual's total remuneration for all qualifying weeks during the base period by the number of such qualifying weeks, provided that if the computation results in an amount that is not a multiple of one dollar, such amount shall be rounded to the next lower multiple of one dollar.
(P) "Weekly benefit amount" means the amount of benefits an individual would be entitled to receive for one week of total unemployment.
(Q)(1) "Base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except as provided in division (Q)(2) of this section.
(2) If an individual does not have sufficient qualifying weeks and wages in the base period to qualify for benefit rights, the individual's base period shall be the four most recently completed calendar quarters preceding the first day of the individual's benefit year. Such base period shall be known as the "alternate base period." If information as to weeks and wages for the most recent quarter of the alternate base period is not available to the director from the regular quarterly reports of wage information, which are systematically accessible, the director may, consistent with the provisions of section 4141.28 of the Revised Code, base the determination of eligibility for benefits on the affidavit of the claimant with respect to weeks and wages for that calendar quarter. The claimant shall furnish payroll documentation, where available, in support of the affidavit. The determination based upon the alternate base period as it relates to the claimant's benefit rights, shall be amended when the quarterly report of wage information from the employer is timely received and that information causes a change in the determination. As provided in division (B) of section 4141.28 of the Revised Code, any benefits paid and charged to an employer's account, based upon a claimant's affidavit, shall be adjusted effective as of the beginning of the claimant's benefit year. No calendar quarter in a base period or alternate base period shall be used to establish a subsequent benefit year.
(3) The "base period" of a combined wage claim, as described in division (H) of section 4141.43 of the Revised Code, shall be the base period prescribed by the law of the state in which the claim is allowed.
(4) For purposes of determining the weeks that comprise a completed calendar quarter under this division, only those weeks ending at midnight Saturday within the calendar quarter shall be utilized.
(R)(1) "Benefit year" with respect to an individual means the fifty-two week period beginning with the first day of that week with respect to which the individual first files a valid application for determination of benefit rights, and thereafter the fifty-two week period beginning with the first day of that week with respect to which the individual next files a valid application for determination of benefit rights after the termination of the individual's last preceding benefit year, except that the application shall not be considered valid unless the individual has had employment in six weeks that is subject to this chapter or the unemployment compensation act of another state, or the United States, and has, since the beginning of the individual's previous benefit year, in the employment earned three times the average weekly wage determined for the previous benefit year. The "benefit year" of a combined wage claim, as described in division (H) of section 4141.43 of the Revised Code, shall be the benefit year prescribed by the law of the state in which the claim is allowed. Any application for determination of benefit rights made in accordance with section 4141.28 of the Revised Code is valid if the individual filing such application is unemployed, has been employed by an employer or employers subject to this chapter in at least twenty qualifying weeks within the individual's base period, and has earned or been paid remuneration at an average weekly wage of not less than twenty-seven and one-half per cent of the statewide average weekly wage for such weeks. For purposes of determining whether an individual has had sufficient employment since the beginning of the individual's previous benefit year to file a valid application, "employment" means the performance of services for which remuneration is payable.
(2) Effective for benefit years beginning on and after December 26, 2004, but before July 1, 2022, any application for determination of benefit rights made in accordance with section 4141.28 of the Revised Code is valid if the individual satisfies the criteria described in division (R)(1) of this section, and if the reason for the individual's separation from employment is not disqualifying pursuant to division (D)(2) of section 4141.29 or section 4141.291 of the Revised Code. A disqualification imposed pursuant to division (D)(2) of section 4141.29 or section 4141.291 of the Revised Code must be removed as provided in those sections as a requirement of establishing a valid application for benefit years beginning on and after December 26, 2004, but before July 1, 2022. Effective for benefit years beginning on and after July 1, 2022, any application for determination of benefit rights made in accordance with section 4141.28 of the Revised Code is valid if the individual satisfies the criteria described in division (R)(1) of this section. A disqualification imposed pursuant to division (D)(2) of section 4141.29 or section 4141.291 of the Revised Code does not affect the validity of an application.
(3) The statewide average weekly wage shall be calculated by the director once a year based on the twelve-month period ending the thirtieth day of June, as set forth in division (B)(3) of section 4141.30 of the Revised Code, rounded down to the nearest dollar. Increases or decreases in the amount of remuneration required to have been earned or paid in order for individuals to have filed valid applications shall become effective on Sunday of the calendar week in which the first day of January occurs that follows the twelve-month period ending the thirtieth day of June upon which the calculation of the statewide average weekly wage was based.
(4) As used in this division, an individual is "unemployed" if, with respect to the calendar week in which such application is filed, the individual is "partially unemployed" or "totally unemployed" as defined in this section or if, prior to filing the application, the individual was separated from the individual's most recent work for any reason which terminated the individual's employee-employer relationship, or was laid off indefinitely or for a definite period of seven or more days.
(S) "Calendar quarter" means the period of three consecutive calendar months ending on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December, or the equivalent thereof as the director prescribes by rule.
(T) "Computation date" means the first day of the third calendar quarter of any calendar year.
(U) "Contribution period" means the calendar year beginning on the first day of January of any year.
(V) "Agricultural labor," for the purpose of this division, means any service performed prior to January 1, 1972, which was agricultural labor as defined in this division prior to that date, and service performed after December 31, 1971:
(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife;
(2) In the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by hurricane, if the major part of such service is performed on a farm;
(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15 (g) of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 U.S.C. 1141j, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;
(4) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one half of the commodity with respect to which such service is performed;
(5) In the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in division (V)(4) of this section, but only if the operators produced more than one-half of the commodity with respect to which the service is performed;
(6) Divisions (V)(4) and (5) of this section shall not be deemed to be applicable with respect to service performed:
(a) In connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or
(b) On a farm operated for profit if the service is not in the course of the employer's trade or business.
As used in division (V) of this section, "farm" includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
(W) "Hospital" means an institution which has been registered or licensed by the Ohio department of health as a hospital.
(X) "Nonprofit organization" means an organization, or group of organizations, described in section 501(c)(3) of the "Internal Revenue Code of 1954," and exempt from income tax under section 501(a) of that code.
(Y) "Institution of higher education" means a public or nonprofit educational institution, including an educational institution operated by an Indian tribe, which:
(1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent;
(2) Is legally authorized in this state or by the Indian tribe to provide a program of education beyond high school; and
(3) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation.
For the purposes of this division, all colleges and universities in this state are institutions of higher education.
(Z) For the purposes of this chapter, "states" includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(AA) "Alien" means, for the purposes of division (A)(1)(d) of this section, an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.
(BB)(1) "Crew leader" means an individual who furnishes individuals to perform agricultural labor for any other employer or farm operator, and:
(a) Pays, either on the individual's own behalf or on behalf of the other employer or farm operator, the individuals so furnished by the individual for the service in agricultural labor performed by them;
(b) Has not entered into a written agreement with the other employer or farm operator under which the agricultural worker is designated as in the employ of the other employer or farm operator.
(2) For the purposes of this chapter, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other employer or farm operator shall be treated as an employee of the crew leader if:
(a) The crew leader holds a valid certificate of registration under the "Farm Labor Contractor Registration Act of 1963," 90 Stat. 2668, 7 U.S.C. 2041; or
(b) Substantially all the members of the crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment, which is provided by the crew leader; and
(c) If the individual is not in the employment of the other employer or farm operator within the meaning of division (B)(1) of this section.
(3) For the purposes of this division, any individual who is furnished by a crew leader to perform service in agricultural labor for any other employer or farm operator and who is not treated as in the employment of the crew leader under division (BB)(2) of this section shall be treated as the employee of the other employer or farm operator and not of the crew leader. The other employer or farm operator shall be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader, either on the crew leader's own behalf or on behalf of the other employer or farm operator, for the service in agricultural labor performed for the other employer or farm operator.
(CC) "Educational institution" means an institution other than an institution of higher education as defined in division (Y) of this section, including an educational institution operated by an Indian tribe, which:
(1) Offers participants, trainees, or students an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher; and
(2)
Is approved, chartered, or issued a permit to operate as a school by
the state
board director
of
education
and
workforce,
other government agency, or Indian tribe that is authorized within
the state to approve, charter, or issue a permit for the operation of
a school.
For the purposes of this division, the courses of study or training which the institution offers may be academic, technical, trade, or preparation for gainful employment in a recognized occupation.
(DD) "Cost savings day" means any unpaid day off from work in which employees continue to accrue employee benefits which have a determinable value including, but not limited to, vacation, pension contribution, sick time, and life and health insurance.
(EE) "Motor carrier" has the same meaning as in section 4923.01 of the Revised Code.
Sec. 4141.47. (A) There is hereby created the auxiliary services personnel unemployment compensation fund, which shall not be a part of the state treasury. The fund shall consist of moneys paid into the fund pursuant to section 3317.06 of the Revised Code. The treasurer of state shall administer it in accordance with the directions of the director of job and family services. The director shall establish procedures under which school districts that are charged and have paid for unemployment benefits as reimbursing employers pursuant to this chapter for personnel employed pursuant to section 3317.06 of the Revised Code may apply for and receive reimbursement for those payments under this section. School districts are not entitled to reimbursement for any delinquency charges, except as otherwise provided by law. In the case of school districts electing to pay contributions under section 4141.242 of the Revised Code, the director shall establish procedures for reimbursement of the district from the fund of contributions made on wages earned by any auxiliary service personnel.
(B) In the event of the termination of the auxiliary services program established pursuant to section 3317.06 of the Revised Code, and after the director has made reimbursement to school districts for all possible unemployment compensation claims of persons who were employed pursuant to section 3317.06 of the Revised Code, the director shall certify that fact to the treasurer of state, who shall then transfer all unexpended moneys in the auxiliary services personnel unemployment compensation fund to the general revenue fund. In the event the auxiliary services personnel unemployment compensation fund contains insufficient moneys to pay all valid claims by school districts for reimbursement pursuant to this section, the director shall estimate the total additional amount necessary to meet the liabilities of the fund and submit a request to the general assembly for an appropriation of that amount of money from the general revenue fund to the auxiliary services personnel unemployment compensation fund.
(C) All disbursements from the auxiliary services personnel unemployment compensation fund shall be paid by the treasurer of state on warrants drawn by the director. The warrants may bear the facsimile signature of the director printed thereon or that of a deputy or other employee of the director charged with the duty of keeping the account of the fund. Moneys in the fund shall be maintained in a separate account on the books of the depositary bank. The money shall be secured by the depositary bank to the same extent and in the same manner as required by Chapter 135. of the Revised Code. All sums recovered for losses sustained by the fund shall be deposited therein. The treasurer of state is liable on the treasurer of state's official bond for the faithful performance of the treasurer of state's duties in connection with the fund.
(D) All necessary and proper expenses incurred in administering this section shall be paid to the director from the auxiliary services personnel unemployment compensation fund. For this purpose, there is hereby created in the state treasury the auxiliary services program administrative fund. The treasurer of state, pursuant to the warrant procedures specified in division (C) of this section, shall advance moneys as requested by the director from the auxiliary services personnel unemployment compensation fund to the auxiliary services program administrative fund. The director periodically may request the advance of such moneys as in the treasurer of state's opinion are needed to meet anticipated administrative expenses and may make disbursements from the auxiliary services program administrative fund to pay those expenses.
(E) Upon receipt of a certification from the department of education and workforce regarding a refund to a board of education pursuant to section 3317.06 of the Revised Code, the director shall issue a refund in the amount certified to the board from the auxiliary services personnel unemployment compensation fund.
Sec. 4506.09. (A) The registrar of motor vehicles, subject to approval by the director of public safety, shall adopt rules conforming with applicable standards adopted by the federal motor carrier safety administration as regulations under Pub. L. No. 103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall establish requirements for the qualification and testing of persons applying for a commercial driver's license, which are in addition to other requirements established by this chapter. Except as provided in division (B) of this section, the highway patrol or any other employee of the department of public safety the registrar authorizes shall supervise and conduct the testing of persons applying for a commercial driver's license.
(B) The director may adopt rules, in accordance with Chapter 119. of the Revised Code and applicable requirements of the federal motor carrier safety administration, authorizing the skills test specified in this section to be administered by any person, by an agency of this or another state, or by an agency, department, or instrumentality of local government. Each party authorized under this division to administer the skills test may charge a maximum divisible fee of one hundred fifteen dollars for each skills test given as part of a commercial driver's license examination. The fee shall consist of not more than twenty-seven dollars for the pre-trip inspection portion of the test, not more than twenty-seven dollars for the off-road maneuvering portion of the test, and not more than sixty-one dollars for the on-road portion of the test. Each such party may require an appointment fee in the same manner provided in division (E)(2) of this section, except that the maximum amount such a party may require as an appointment fee is one hundred fifteen dollars. The skills test administered by another party under this division shall be the same as otherwise would be administered by this state. The other party shall enter into an agreement with the director that, without limitation, does all of the following:
(1) Allows the director or the director's representative and the federal motor carrier safety administration or its representative to conduct random examinations, inspections, and audits of the other party, whether covert or overt, without prior notice;
(2) Requires the director or the director's representative to conduct on-site inspections of the other party at least annually;
(3) Requires that all examiners of the other party meet the same qualification and training standards as examiners of the department of public safety, including criminal background checks, to the extent necessary to conduct skills tests in the manner required by 49 C.F.R. 383.110 through 383.135. In accordance with federal guidelines, any examiner employed on July 1, 2017, shall have a criminal background check conducted at least once, and any examiner hired after July 1, 2015, shall have a criminal background check conducted after the examiner is initially hired.
(4) Requires either that state employees take, at least annually and as though the employees were test applicants, the tests actually administered by the other party, that the director test a sample of drivers who were examined by the other party to compare the test results, or that state employees accompany a test applicant during an actual test;
(5) Unless the other party is a governmental entity, requires the other party to initiate and maintain a bond in an amount determined by the director to sufficiently pay for the retesting of drivers in the event that the other party or its skills test examiners are involved in fraudulent activities related to skills testing;
(6) Requires the other party to use only skills test examiners who have successfully completed a commercial driver's license examiner training course as prescribed by the director, and have been certified by the state as a commercial driver's license skills test examiner qualified to administer skills tests;
(7) Requires the other party to use designated road test routes that have been approved by the director;
(8) Requires the other party to submit a schedule of skills test appointments to the director not later than two business days prior to each skills test;
(9) Requires the other party to maintain copies of the following records at its principal place of business:
(a) The other party's commercial driver's license skills testing program certificate;
(b) Each skills test examiner's certificate of authorization to administer skills tests for the classes and types of commercial motor vehicles listed in the certificate;
(c) Each completed skills test scoring sheet for the current calendar year as well as the prior two calendar years;
(d) A complete list of the test routes that have been approved by the director;
(e) A complete and accurate copy of each examiner's training record.
(10) If the other party also is a driver training school, prohibits its skills test examiners from administering skills tests to applicants that the examiner personally trained;
(11) Requires each skills test examiner to administer a complete skills test to a minimum of thirty-two different individuals per calendar year;
(12) Reserves to this state the right to take prompt and appropriate remedial action against the other party and its skills test examiners if the other party or its skills test examiners fail to comply with standards of this state or federal standards for the testing program or with any other terms of the contract.
(C) The director shall enter into an agreement with the department of education and workforce authorizing the skills test specified in this section to be administered by the department at any location operated by the department for purposes of training and testing school bus drivers, provided that the agreement between the director and the department complies with the requirements of division (B) of this section. Skills tests administered by the department shall be limited to persons applying for a commercial driver's license with a school bus endorsement.
(D)(1) The director shall adopt rules, in accordance with Chapter 119. of the Revised Code, authorizing waiver of the skills test specified in this section for any applicant for a commercial driver's license who meets all of the following requirements:
(a) As authorized under 49 C.F.R. 383.77, the applicant operates a commercial motor vehicle for military purposes and is one of the following:
(i) Active duty military personnel;
(ii) A member of the military reserves;
(iii) A member of the national guard on active duty, including full-time national guard duty, part-time national guard training, and national guard military technicians;
(iv) Active duty U.S. coast guard personnel.
(b) The applicant certifies that, during the two-year period immediately preceding application for a commercial driver's license, all of the following apply:
(i) The applicant has not had more than one license, excluding any military license.
(ii) The applicant has not had any license suspended, revoked, or canceled.
(iii) The applicant has not had any convictions for any type of motor vehicle for the offenses for which disqualification is prescribed in section 4506.16 of the Revised Code.
(iv) The applicant has not had more than one conviction for any type of motor vehicle for a serious traffic violation.
(v) The applicant has not had any violation of a state or local law relating to motor vehicle traffic control other than a parking violation arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault.
(c) In accordance with rules adopted by the director, the applicant certifies and also provides evidence of all of the following:
(i) That the applicant is or was regularly employed in a military position requiring operation of a commercial motor vehicle;
(ii) That the applicant was exempt from the requirements of this chapter under division (B)(6) of section 4506.03 of the Revised Code;
(iii) That, for at least two years immediately preceding the date of application or at least two years immediately preceding the date the applicant separated from military service or employment, the applicant regularly operated a vehicle representative of the commercial motor vehicle type that the applicant operates or expects to operate.
(2) The waiver established under division (D)(1) of this section does not apply to United States reserve technicians.
(E)(1) The department of public safety may charge and collect a divisible fee of fifty dollars for each skills test given as part of a commercial driver's license examination. The fee shall consist of ten dollars for the pre-trip inspection portion of the test, ten dollars for the off-road maneuvering portion of the test, and thirty dollars for the on-road portion of the test.
(2) No applicant is eligible to take the skills test until a minimum of fourteen days have elapsed since the initial issuance of a commercial driver's license temporary instruction permit to the applicant. The director may require an applicant for a commercial driver's license who schedules an appointment with the highway patrol or other authorized employee of the department of public safety to take all portions of the skills test and to pay an appointment fee of fifty dollars at the time of scheduling the appointment. If the applicant appears at the time and location specified for the appointment and takes all portions of the skills test during that appointment, the appointment fee serves as the skills test fee. If the applicant schedules an appointment to take all portions of the skills test and fails to appear at the time and location specified for the appointment, the director shall not refund any portion of the appointment fee. If the applicant schedules an appointment to take all portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test, the director shall not refund any portion of the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.
An applicant for a commercial driver's license who schedules an appointment to take one or more, but not all, portions of the skills test is required to pay an appointment fee equal to the costs of each test scheduled, as prescribed in division (E)(1) of this section, when scheduling such an appointment. If the applicant appears at the time and location specified for the appointment and takes all the portions of the skills test during that appointment that the applicant was scheduled to take, the appointment fee serves as the skills test fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and fails to appear at the time and location specified for the appointment, the director shall not refund any portion of the appointment fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test that the applicant was scheduled to take, the director shall not refund any portion of the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.
(3) The department of public safety shall deposit all fees it collects under division (E) of this section in the public safety - highway purposes fund established in section 4501.06 of the Revised Code.
(F)(1) Unless an applicant for a commercial driver's license has successfully completed the training required under 49 C.F.R. 380, subpart F, the applicant is not eligible to do any of the following:
(a) Take the skills test required for initial issuance of a class A or a class B commercial driver's license;
(b) Take the skills test required for initial issuance of a passenger (P) or school bus (S) endorsement on the applicant's commercial driver's license;
(c) Take the knowledge test required for initial issuance of a hazardous materials (H) endorsement on the applicant's commercial driver's license.
Before an applicant takes the applicable skills or knowledge test, the registrar shall electronically verify, through the federal motor carrier safety administration's training provider registry, that an applicant has completed the required training under 49 C.F.R. 380, subpart F.
(2) The training required under 49 C.F.R. 380, subpart F, and under division (F)(1) of this section may be provided by either of the following:
(a) A driver training school pursuant to section 4508.031 of the Revised Code;
(b) An authorized driver training provider listed on the federal motor carrier safety administration's training provider registry.
(G) A person who has successfully completed commercial driver's license training in this state but seeks a commercial driver's license in another state where the person is domiciled may schedule an appointment to take the skills test in this state and shall pay the appropriate appointment fee. Upon the person's completion of the skills test, this state shall electronically transmit the applicant's results to the state where the person is domiciled. If a person who is domiciled in this state takes a skills test in another state, this state shall accept the results of the skills test from the other state. If the person passed the other state's skills test and meets all of the other licensing requirements set forth in this chapter and rules adopted under this chapter, the registrar of motor vehicles or a deputy registrar shall issue a commercial driver's license to that person.
(H) Unless otherwise specified, the director or the director's representative shall conduct the examinations, inspections, audits, and test monitoring set forth in divisions (B)(2),(3), and (4) of this section at least annually. If the other party or any of its skills test examiners fail to comply with state or federal standards for the skills testing program, the director or the director's representative shall take prompt and appropriate remedial action against the party and its skills test examiners. Remedial action may include termination of the agreement or revocation of a skills test examiner's certification.
(I) As used in this section, "skills test" means a test of an applicant's ability to drive the type of commercial motor vehicle for which the applicant seeks a commercial driver's license by having the applicant drive such a motor vehicle while under the supervision of an authorized state driver's license examiner or tester.
Sec. 4506.10. (A) No person who holds a valid commercial driver's license shall drive a commercial motor vehicle unless the person is physically qualified to do so.
(1) Any person applying for a commercial driver's license or commercial driver's license temporary instruction permit, the renewal or upgrade of a commercial driver's license or commercial driver's license temporary instruction permit, or the transfer of a commercial driver's license from out of state shall self-certify to the registrar for purposes of 49 C.F.R. 383.71, one of the following in regard to the applicant's operation of a commercial motor vehicle, as applicable:
(a)(i) If the applicant operates or expects to operate a commercial motor vehicle in interstate or foreign commerce and is subject to and meets the requirements under 49 C.F.R. part 391, the applicant shall self-certify that the applicant is non-excepted interstate and shall provide the registrar with the original or a copy of a medical examiner's certificate and each subsequently issued medical examiner's certificate prepared by a qualified medical examiner to maintain a medically certified status on the applicant's commercial driver licensing system driver record;
(ii) If the applicant operates or expects to operate a commercial motor vehicle in interstate commerce, but engages in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. part 391, the applicant shall self-certify that the applicant is excepted interstate and is not required to obtain a medical examiner's certificate.
(b)(i) If the applicant operates only in intrastate commerce and is subject to state driver qualification requirements, the applicant shall self-certify that the applicant is non-excepted intrastate;
(ii) If the applicant operates only in intrastate commerce and is excepted from all or parts of the state driver qualification requirements, the applicant shall self-certify that the applicant is excepted intrastate.
(2) Notwithstanding the expiration date on a person's commercial driver's license or commercial driver's license temporary instruction permit, every commercial driver's license or commercial driver's license temporary instruction permit holder shall provide the registrar with the certification required by this section, on or after January 30, 2012, but prior to January 30, 2014.
(B) A person is qualified to drive a school bus if the person holds a valid commercial driver's license along with the proper endorsements, and if the person has been certified as medically qualified in accordance with rules adopted by the department of education and workforce.
(C)(1) Except as provided in division (C)(2) of this section, only a medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration shall perform a medical examination required by this section.
(2) A person licensed under Chapter 4725. of the Revised Code to practice optometry in this state, or licensed under any similar law of another state, may perform any part of an examination required by this section that pertains to visual acuity, field of vision, and the ability to recognize colors.
(3) The individual who performed an examination conducted pursuant to this section shall complete any written documentation of a physical examination on a form that substantially complies with the requirements of 49 C.F.R. 391.43(h).
(D) Whenever good cause appears, the registrar, upon issuing a commercial driver's license or commercial driver's license temporary instruction permit under this chapter, may impose restrictions suitable to the licensee's driving ability with respect to the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may operate, or such other restrictions applicable to the licensee as the registrar determines to be necessary.
The registrar may either issue a special restricted license or may set forth upon the usual license form the restrictions imposed.
The registrar, upon receiving satisfactory evidence of any violation of the restrictions of the license, may impose a class D license suspension of the license for the period of time specified in division (B)(4) of section 4510.02 of the Revised Code.
The registrar, upon receiving satisfactory evidence that an applicant or holder of a commercial driver's license or commercial driver's license temporary instruction permit has violated division (A)(4) of section 4506.04 of the Revised Code and knowingly given false information in any application or certification required by section 4506.07 of the Revised Code, shall cancel the person's commercial driver's license or commercial driver's license temporary instruction permit or any pending application from the person for a commercial driver's license, commercial driver's license temporary instruction permit, or class D driver's license for a period of at least sixty days, during which time no application for a commercial driver's license, commercial driver's license temporary instruction permit, or class D driver's license shall be received from the person.
(E) Whoever violates this section is guilty of a misdemeanor of the first degree.
Sec. 4507.21. (A) Except as provided in section 4507.061 of the Revised Code, each applicant for a driver's license shall file an application in the office of the registrar of motor vehicles or of a deputy registrar.
(B)(1) Each person under eighteen years of age applying for a driver's license issued in this state shall present satisfactory evidence of having successfully completed any one of the following:
(a) A driver education course approved by the state department of education and workforce prior to December 31, 2003.
(b) A driver training course approved by the director of public safety.
(c) A driver training course comparable to a driver education or driver training course described in division (B)(1)(a) or (b) of this section and administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States.
(2) Each person under eighteen years of age applying for a driver's license also shall present, on a form prescribed by the registrar, an affidavit signed by an eligible adult attesting that the person has acquired at least fifty hours of actual driving experience, with at least ten of those hours being at night.
(C)(1) An applicant for an initial driver's license shall present satisfactory evidence of successful completion of the abbreviated driver training course for adults, approved by the director of public safety under section 4508.02 of the Revised Code, if all of the following apply:
(a) The applicant is eighteen years of age or older.
(b) The applicant failed the road or maneuverability test required under division (A)(2) of section 4507.11 of the Revised Code.
(c) In the twelve months immediately preceding the date of application, the applicant has not successfully completed a driver training course.
(2) An applicant shall present satisfactory evidence as required under division (C)(1) of this section prior to attempting the test a second or subsequent time.
(D) If the registrar or deputy registrar determines that the applicant is entitled to the driver's license, it shall be issued. If the application shows that the applicant's license has been previously canceled or suspended, the deputy registrar shall forward the application to the registrar, who shall determine whether the license shall be granted.
(E) An applicant shall file an application under this section in duplicate, and the deputy registrar issuing the license shall immediately forward to the office of the registrar the original copy of the application, together with the duplicate copy of any certificate of completion if issued for purposes of division (B) of this section. The registrar shall prescribe rules as to the manner in which the deputy registrar files and maintains the applications and other records. The registrar shall file every application for a driver's or commercial driver's license and index them by name and number, and shall maintain a suitable record of all licenses issued, all convictions and bond forfeitures, all applications for licenses denied, and all licenses that have been suspended or canceled.
(F) For purposes of section 2313.06 of the Revised Code, the registrar shall maintain accurate and current lists of the residents of each county who are eighteen years of age or older, have been issued, on and after January 1, 1984, driver's or commercial driver's licenses that are valid and current, and would be electors if they were registered to vote, regardless of whether they actually are registered to vote. The lists shall contain the names, addresses, dates of birth, duration of residence in this state, citizenship status, and social security numbers, if the numbers are available, of the licensees, and may contain any other information that the registrar considers suitable.
(G) Each person under eighteen years of age applying for a motorcycle operator's endorsement or a restricted license enabling the applicant to operate a motorcycle shall present satisfactory evidence of having completed the courses of instruction in the motorcycle safety and education program described in section 4508.08 of the Revised Code or a comparable course of instruction administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States. If the registrar or deputy registrar then determines that the applicant is entitled to the endorsement or restricted license, it shall be issued.
(H) No person shall knowingly make a false statement in an affidavit presented in accordance with division (B)(2) of this section.
(I) As used in this section, "eligible adult" means any of the following persons:
(1) A parent, guardian, or custodian of the applicant;
(2) A person over the age of twenty-one who acts in loco parentis of the applicant and who maintains proof of financial responsibility with respect to the operation of a motor vehicle owned by the applicant or with respect to the applicant's operation of any motor vehicle.
(J) Whoever violates division (H) of this section is guilty of a minor misdemeanor and shall be fined one hundred dollars.
Sec. 4508.01. As used in this chapter:
(A) "Beginning driver" means any person being trained to drive a particular motor vehicle who has not been previously licensed to drive that motor vehicle by any state or country.
(B) "Person with a disability" means a person who, in the opinion of the registrar of motor vehicles, has a physical or mental disability or disease that prevents the person, in the absence of special training or equipment, from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways. "Person with a disability" does not mean any person who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle.
(C) "Driver training school" or "school" means any of the following:
(1) A private business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons to operate or drive motor vehicles, that does any of the following:
(a) Uses public streets or highways to provide training and charges a consideration or tuition for such services;
(b) Provides an online driver education course approved by the director of public safety pursuant to division (A)(2) of section 4508.02 of the Revised Code and charges a consideration or tuition for the course;
(c) Provides an abbreviated driver training course for adults that is approved by the director pursuant to division (F) of section 4508.02 of the Revised Code and charges a consideration or tuition for the course.
(2) A lead school district as provided in section 4508.09 of the Revised Code;
(3) A board of education of a city, exempted village, local, or joint vocational school district or the governing board of an educational service center that offers a driver education course for high school students enrolled in the district or in a district served by the educational service center.
(D) "Instructor" means any person, whether acting for self as operator of a driver training school or for such a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons learning to operate or drive motor vehicles.
(E) "Lead school district" means a school district, including a joint vocational school district, designated by the department of education and workforce as either a vocational education planning district itself or as responsible for providing primary vocational education leadership within a vocational education planning district that is composed of a group of districts. A "vocational education planning district" is a school district or group of school districts designated by the department as responsible for planning and providing vocational education services to students within the district or group of districts.
Sec. 4511.21. (A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower limit declared or established pursuant to this section by the director of transportation or local authorities, for the operator of a motor vehicle, trackless trolley, or streetcar to operate the same at a speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(10) and (11) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the Revised Code, "school" means all of the following:
(i) Any school chartered under section 3301.16 of the Revised Code;
(ii) Any nonchartered school that during the preceding year filed with the department of education and workforce in compliance with rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone;
(iii) Any special elementary school that in writing requests the county engineer of the county in which the special elementary school is located to create a school zone at the location of that school. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(iv) Any preschool education program operated by an educational service center that is located on a street or highway with a speed limit of forty-five miles per hour or more, when the educational service center in writing requests that the county engineer of the county in which the program is located create a school zone at the location of that program. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(c) As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a state highway under the jurisdiction of the director of transportation or a request from a county engineer in the case of a school zone for a special elementary school, the director may extend the traditional school zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not exceed three hundred feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the director approves as most appropriate:
(i) The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of three hundred feet on each approach direction of the highway.
Nothing in this section shall be construed to invalidate the director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (B)(1)(a) and (c) of this section.
(d) As used in this division, "crosswalk" has the meaning given that term in division (LL)(2) of section 4511.01 of the Revised Code.
The director may, upon request by resolution of the legislative authority of a municipal corporation, the board of trustees of a township, or a county board of developmental disabilities created pursuant to Chapter 5126. of the Revised Code, and upon submission by the municipal corporation, township, or county board of such engineering, traffic, and other information as the director considers necessary, designate a school zone on any portion of a state route lying within the municipal corporation, lying within the unincorporated territory of the township, or lying adjacent to the property of a school that is operated by such county board, that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than one thousand three hundred twenty feet. Such a school zone shall include the distance encompassed by the crosswalk and extending three hundred feet on each approach direction of the state route.
(e) As used in this section, "special elementary school" means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal corporation.
(iv) A majority of the total number of students enrolled at the school are not related by blood.
(v) The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys;
(3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section;
(4) Fifty miles per hour on controlled-access highways and expressways within municipal corporations, except as provided in divisions (B)(12), (13), (14), (15), and (16) of this section;
(5) Fifty-five miles per hour on highways outside municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section, highways as provided in divisions (B)(9) and (10) of this section, and highways, expressways, and freeways as provided in divisions (B)(12), (13), (14), and (16) of this section;
(6) Fifty miles per hour on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the municipal corporation;
(8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction;
(9) Thirty-five miles per hour on through highways, except state routes, that are outside municipal corporations and that are within a national park with boundaries extending through two or more counties;
(10) Sixty miles per hour on two-lane state routes outside municipal corporations as established by the director under division (H)(2) of this section;
(11) Fifty-five miles per hour on freeways with paved shoulders inside municipal corporations, other than freeways as provided in divisions (B)(14) and (16) of this section;
(12) Sixty miles per hour on rural expressways with traffic control signals and on all portions of rural divided highways, except as provided in divisions (B)(13) and (14) of this section;
(13) Sixty-five miles per hour on all rural expressways without traffic control signals;
(14) Seventy miles per hour on all rural freeways;
(15) Fifty-five miles per hour on all portions of freeways or expressways in congested areas as determined by the director and that are located within a municipal corporation or within an interstate freeway outerbelt, except as provided in division (B)(16) of this section;
(16) Sixty-five miles per hour on all portions of freeways or expressways without traffic control signals in urbanized areas.
(C) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (B)(1)(a), (2), (3), (4), (6), (7), (8), and (9) of this section, or any declared or established pursuant to this section by the director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (D) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except upon a two-lane state route as provided in division (B)(10) of this section and upon a highway, expressway, or freeway as provided in divisions (B)(12), (13), (14), and (16) of this section;
(2) At a speed exceeding sixty miles per hour upon a two-lane state route as provided in division (B)(10) of this section and upon a highway as provided in division (B)(12) of this section;
(3) At a speed exceeding sixty-five miles per hour upon an expressway as provided in division (B)(13) or upon a freeway as provided in division (B)(16) of this section, except upon a freeway as provided in division (B)(14) of this section;
(4) At a speed exceeding seventy miles per hour upon a freeway as provided in division (B)(14) of this section;
(5) At a speed exceeding the posted speed limit upon a highway, expressway, or freeway for which the director has determined and declared a speed limit pursuant to division (I)(2) or (L)(2) of this section.
(E) In every charge of violation of this section the affidavit and warrant shall specify the time, place, and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (C) of this section also the speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(F) When a speed in excess of both a prima-facie limitation and a limitation in division (D) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this section, or of a limit declared or established pursuant to this section by the director or local authorities, and of the limitation in division (D) of this section. If the court finds a violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (D) of this section. If it finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section, it shall then consider whether the evidence supports a conviction under division (D) of this section.
(G) Points shall be assessed for violation of a limitation under division (D) of this section in accordance with section 4510.036 of the Revised Code.
(H)(1) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that any speed limit set forth in divisions (B)(1)(a) to (D) of this section is greater or less than is reasonable or safe under the conditions found to exist at any portion of a street or highway under the jurisdiction of the director, the director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice of it are erected at the location.
(2) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed limit of fifty-five miles per hour on a two-lane state route outside a municipal corporation is less than is reasonable or safe under the conditions found to exist at that portion of the state route, the director may determine and declare a speed limit of sixty miles per hour for that portion of the state route, which shall be effective when appropriate signs giving notice of it are erected at the location.
(3)(a) For purposes of the safe and orderly movement of traffic upon any portion of a street or highway under the jurisdiction of the director, the director may establish a variable speed limit that is different than the speed limit established by or under this section on all or portions of interstate six hundred seventy, interstate two hundred seventy-five, and interstate ninety commencing at the intersection of that interstate with interstate seventy-one and continuing to the border of the state of Ohio with the state of Pennsylvania. The director shall establish criteria for determining the appropriate use of variable speed limits and shall establish variable speed limits in accordance with the criteria. The director may establish variable speed limits based upon the time of day, weather conditions, traffic incidents, or other factors that affect the safe speed on a street or highway. The director shall not establish a variable speed limit that is based on a particular type or class of vehicle. A variable speed limit established by the director under this section is effective when appropriate signs giving notice of the speed limit are displayed at the location.
(b) Except for variable speed limits established under division (H)(3)(a) of this section, the director shall establish a variable speed limit under the authority granted to the director by this section on not more than two additional highways and only pursuant to criteria established in rules adopted in accordance with Chapter 119. of the Revised Code. The rules shall be based on the criteria described in division (H)(3)(a) of this section. The rules also shall establish the parameters of any engineering study necessary for determining when variable speed limits are appropriate.
(4) Nothing in this section shall be construed to limit the authority of the director to establish speed limits within a construction zone as authorized under section 4511.98 of the Revised Code.
(I)(1) Except as provided in divisions (I)(2), (J), (K), and (N) of this section, whenever local authorities determine upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by divisions (B)(1)(a) to (D) of this section, on any part of a highway under their jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, the local authorities may by resolution request the director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request the director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the local authorities. The director may withdraw the declaration of a prima-facie speed limit whenever in the director's opinion the altered prima-facie speed limit becomes unreasonable. Upon such withdrawal, the declared prima-facie speed limit shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(2) A local authority may determine on the basis of criteria established by an engineering study, as defined by the director, that the speed limit of sixty-five or seventy miles per hour on a portion of a freeway under its jurisdiction is greater than is reasonable or safe under the conditions found to exist at that portion of the freeway. If the local authority makes such a determination, the local authority by resolution may request the director to determine and declare a reasonable and safe speed limit of not less than fifty-five miles per hour for that portion of the freeway. If the director takes such action, the declared speed limit becomes effective only when appropriate signs giving notice of it are erected at such location by the local authority.
(J) Local authorities in their respective jurisdictions may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in division (A) of this section or in any event authorize by ordinance a speed in excess of the maximum speed permitted by division (D) of this section for the specified type of highway.
Alteration of prima-facie limits on state routes by local authorities shall not be effective until the alteration has been approved by the director. The director may withdraw approval of any altered prima-facie speed limits whenever in the director's opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this section, "unimproved highway" means a highway consisting of any of the following:
(a) Unimproved earth;
(b) Unimproved graded and drained earth;
(c) Gravel.
(2) Except as otherwise provided in divisions (K)(4) and (5) of this section, whenever a board of township trustees determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) of this section on any part of an unimproved highway under its jurisdiction and in the unincorporated territory of the township is greater than is reasonable or safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of fifty-five but not less than twenty-five miles per hour. An altered speed limit adopted by a board of township trustees under this division becomes effective when appropriate traffic control devices, as prescribed in section 4511.11 of the Revised Code, giving notice thereof are erected at the location, which shall be no sooner than sixty days after adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by the board under this division becomes unreasonable, the board may adopt a resolution withdrawing the altered prima-facie speed limit. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway and the board has adopted an altered prima-facie speed limit pursuant to division (K)(2) of this section, the board shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(4)(a) If the boundary of two townships rests on the centerline of an unimproved highway in unincorporated territory and both townships have jurisdiction over the highway, neither of the boards of township trustees of such townships may declare an altered prima-facie speed limit pursuant to division (K)(2) of this section on the part of the highway under their joint jurisdiction unless the boards of township trustees of both of the townships determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) of this section is greater than is reasonable or safe under the conditions found to exist at the location and both boards agree upon a reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both boards so agree, each shall follow the procedure specified in division (K)(2) of this section for altering the prima-facie speed limit on the highway. Except as otherwise provided in division (K)(4)(b) of this section, no speed limit altered pursuant to division (K)(4)(a) of this section may be withdrawn unless the boards of township trustees of both townships determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each board adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in division (K)(3)(a) of this section.
(b) Whenever a highway described in division (K)(4)(a) of this section ceases to be an unimproved highway and two boards of township trustees have adopted an altered prima-facie speed limit pursuant to division (K)(4)(a) of this section, both boards shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of the resolution, the altered prima-facie speed limit becomes ineffective and the traffic control devices relating thereto shall be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory outside the limits of a municipal corporation and fronting a highway where, for a distance of three hundred feet or more, the frontage is improved with buildings in use for commercial purposes, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory outside the limits of a municipal corporation and fronting a highway, where, for a distance of three hundred feet or more, the frontage is improved with residences or residences and buildings in use for business, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis of criteria established by an engineering study, as defined by the director, that the prima-facie speed permitted by division (B)(5) of this section on any part of a highway under its jurisdiction that is located in a commercial or residential subdivision, except on highways or portions thereof at the entrances to which vehicular traffic from the majority of intersecting highways is required to yield the right-of-way to vehicles on such highways in obedience to stop or yield signs or traffic control signals, is greater than is reasonable and safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour at the location. An altered speed limit adopted by a board of township trustees under this division shall become effective when appropriate signs giving notice thereof are erected at the location by the township. Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by it under this division becomes unreasonable, it may adopt a resolution withdrawing the altered prima-facie speed, and upon such withdrawal, the altered prima-facie speed shall become ineffective, and the signs relating thereto shall be immediately removed by the township.
(L)(1) The director of transportation, based upon an engineering study, as defined by the director, of a highway, expressway, or freeway described in division (B)(12), (13), (14), (15), or (16) of this section, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway, or freeway, may determine and declare that the speed limit established on such highway, expressway, or freeway under division (B)(12), (13), (14), (15), or (16) of this section either is reasonable and safe or is more or less than that which is reasonable and safe.
(2) If the established speed limit for a highway, expressway, or freeway studied pursuant to division (L)(1) of this section is determined to be more or less than that which is reasonable and safe, the director of transportation, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway, or freeway, shall determine and declare a reasonable and safe speed limit for that highway, expressway, or freeway.
(M)(1)(a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B) of this section;
(ii) An altered speed limit determined and posted in accordance with this section.
(b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section.
(2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section.
(N) The legislative authority of a municipal corporation or township in which a boarding school is located, by resolution or ordinance, may establish a boarding school zone. The legislative authority may alter the speed limit on any street or highway within the boarding school zone and shall specify the hours during which the altered speed limit is in effect. For purposes of determining the boundaries of the boarding school zone, the altered speed limit within the boarding school zone, and the hours the altered speed limit is in effect, the legislative authority shall consult with the administration of the boarding school and with the county engineer or other appropriate engineer, as applicable. A boarding school zone speed limit becomes effective only when appropriate signs giving notice thereof are erected at the appropriate locations.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23 U.S.C. 101.
(2) "Commercial bus" means a motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a school bus or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.
(4) "Outerbelt" means a portion of a freeway that is part of the interstate system and is located in the outer vicinity of a major municipal corporation or group of municipal corporations, as designated by the director.
(5) "Rural" means an area outside urbanized areas and outside of a business or urban district, and areas that extend within urbanized areas where the roadway characteristics remain mostly unchanged from those outside the urbanized areas.
(6) "Urbanized area" has the same meaning as in 23 U.S.C. 101.
(7) "Divided" means a roadway having two or more travel lanes for vehicles moving in opposite directions and that is separated by a median of more than four feet, excluding turn lanes.
(P)(1) A violation of any provision of this section is one of the following:
(a) Except as otherwise provided in divisions (P)(1)(b), (1)(c), (2), and (3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the fourth degree;
(c) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the third degree.
(2) If the offender operated a motor vehicle faster than thirty-five miles an hour in a business district of a municipal corporation, faster than fifty miles an hour in other portions of a municipal corporation, or faster than thirty-five miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a misdemeanor of the fourth degree. Division (P)(2) of this section does not apply if penalties may be imposed under division (P)(1)(b) or (c) of this section.
(3) Notwithstanding division (P)(1) of this section, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with section 4511.98 of the Revised Code, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender's sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.
It is no defense to a charge under this division that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (B) of this section.
(B)
Every school bus shall be equipped with amber and red visual signals
meeting the requirements of section 4511.771 of the Revised Code, and
an automatically extended stop warning sign of a type approved by the
state
board department
of
education
and
workforce,
which shall be actuated by the driver of the bus whenever but only
whenever the bus is stopped or stopping on the roadway for the
purpose of receiving or discharging school children, persons
attending programs offered by community boards of mental health and
county boards of developmental disabilities, or children attending
programs offered by head start agencies. A school bus driver shall
not actuate the visual signals or the stop warning sign in designated
school bus loading areas where the bus is entirely off the roadway or
at school buildings when children or persons attending programs
offered by community boards of mental health and county boards of
developmental disabilities are loading or unloading at curbside or at
buildings when children attending programs offered by head start
agencies are loading or unloading at curbside. The visual signals and
stop warning sign shall be synchronized or otherwise operated as
required by rule of the board.
(C) Where a highway has been divided into four or more traffic lanes, a driver of a vehicle, streetcar, or trackless trolley need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle, streetcar, or trackless trolley overtaking the school bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.
(E) No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child's or person's residence side of the road.
(F)(1) Whoever violates division (A) of this section may be fined an amount not to exceed five hundred dollars. A person who is issued a citation for a violation of division (A) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
(2) In addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the registrar of motor vehicles, together with notice of the court's action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section 3301.32 of the Revised Code.
(2)
"School bus," as used in relation to children who attend a
program offered by a head start agency, means a bus that is owned and
operated by a head start agency, is equipped with an automatically
extended stop warning sign of a type approved by the
state
board of education
department,
is painted the color and displays the markings described in section
4511.77 of the Revised Code, and is equipped with amber and red
visual signals meeting the requirements of section 4511.771 of the
Revised Code, irrespective of whether or not the bus has fifteen or
more children aboard at any time. "School bus" does not
include a van owned and operated by a head start agency, irrespective
of its color, lights, or markings.
Sec.
4511.76. (A)
The department of public safety, by and with the advice of the
superintendent
of public instructiondepartment
of education and workforce,
shall adopt and enforce rules relating to the construction, design,
and equipment, including lighting equipment required by section
4511.771 of the Revised Code, of all school buses both publicly and
privately owned and operated in this state.
(B) The department of education and workforce, by and with the advice of the director of public safety, shall adopt and enforce rules relating to the operation of all vehicles used for pupil transportation.
(C) No person shall operate a vehicle used for pupil transportation within this state in violation of the rules of the department of education and workforce or the department of public safety. No person, being the owner thereof or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this state in violation of the rules of the department of education and workforce or the department of public safety.
(D) The department of public safety shall adopt and enforce rules relating to the issuance of a license under section 4511.763 of the Revised Code. The rules may relate to the condition of the equipment to be operated; the liability and property damage insurance carried by the applicant; the posting of satisfactory and sufficient bond; and such other rules as the director of public safety determines reasonably necessary for the safety of the pupils to be transported.
(E) A chartered nonpublic school may own and operate, or contract with a vendor that supplies, a vehicle originally designed for not more than nine passengers, not including the driver, to transport students to and from regularly scheduled school sessions when one of the following applies:
(1) A student's school district of residence has declared the transportation of the student impractical pursuant to section 3327.02 of the Revised Code; or
(2) A student does not live within thirty minutes of the chartered nonpublic school and the student's school district is not required to transport the student under section 3327.01 of the Revised Code.
(F) As used in this section, "vehicle used for pupil transportation" means any vehicle that is identified as such by the department of education and workforce by rule and that is subject to Chapter 3301-83 of the Administrative Code.
(G) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or section 4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a municipal ordinance that is substantially similar to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
Sec. 4709.07. (A) Each person who desires to obtain an initial license to practice barbering shall apply to the state cosmetology and barber board, on forms provided by the board. The application form shall include the name of the person applying for the license and evidence that the applicant meets all of the requirements of division (B) of this section. The application shall be accompanied by the examination application fee.
(B) In order to take the required barber examination and to qualify for licensure as a barber, an applicant must demonstrate that the applicant meets all of the following:
(1) Is at least eighteen years of age;
(2)
Has an eighth grade education or an equivalent education as
determined by the state
board department
of
education and
workforce, or equivalent organization in
the state where the applicant resides;
(3) Has graduated with at least one thousand eight hundred hours of training from a board-approved barber school or has graduated with at least one thousand hours of training from a board-approved barber school in this state and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code. No hours of instruction earned by an applicant five or more years prior to the examination apply to the hours of study required by this division.
(C) Any applicant who meets all of the requirements of divisions (A) and (B) of this section may take the barber examination at the time and place specified by the board. If the applicant fails to attain at least a seventy-five per cent pass rate on each part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination within ninety days after the date of the release of the examination scores by paying the required reexamination fee. An applicant is only required to take that part or parts of the examination on which the applicant did not receive a score of seventy-five per cent or higher. If the applicant fails to reapply for examination within ninety days or fails the second examination, in order to reapply for examination for licensure the applicant shall complete an additional course of study of not less than two hundred hours, in a board-approved barber school. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination.
(D) The board shall issue a license to practice barbering to any applicant who, to the satisfaction of the board, meets the requirements of divisions (A) and (B) of this section, who passes the required examination, and pays the initial licensure fee. Every licensed barber shall display the certificate of licensure in a conspicuous place adjacent to or near the licensed barber's work chair.
Sec. 4709.10. (A) Each person who desires to obtain a license to operate a barber school shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber school license to a person if the board determines that the person meets and will comply with all of the requirements of division (B) of this section and pays the required licensure and inspection fees.
(B) In order for a person to qualify for a license to operate a barber school, the barber school to be operated by the person must meet all of the following requirements:
(1) Have a training facility sufficient to meet the required educational curriculum established by the board, including enough space to accommodate all the facilities and equipment required by rule by the board;
(2) Provide sufficient licensed teaching personnel to meet the minimum pupil-teacher ratio established by rule of the board;
(3) Have established and provide to the board proof that it has met all of the board requirements to operate a barber school, as adopted by rule of the board;
(4) File with the board a program of its curriculum, accounting for not less than one thousand eight hundred hours of instruction in the courses of theory and practical demonstration required by rule of the board;
(5) File with the board a surety bond in the amount of ten thousand dollars issued by a bonding company licensed to do business in this state. The bond shall be in the form prescribed by the board and conditioned upon the barber school's continued instruction in the theory and practice of barbering. The bond shall continue in effect until notice of its termination is provided to the board. In no event, however, shall the bond be terminated while the barber school is in operation. Any student who is injured or damaged by reason of a barber school's failure to continue instruction in the theory and practice of barbering may maintain an action on the bond against the barber school or the surety, or both, for the recovery of any money or tuition paid in advance for instruction in the theory and practice of barbering which was not received. The aggregate liability of the surety to all students shall not exceed the sum of the bond.
(6) Maintain adequate record keeping to ensure that it has met the requirements for records of student progress as required by board rule;
(7) Establish minimum standards for acceptance of student applicants for admission to the barber school. The barber school may establish entrance requirements which are more stringent than those prescribed by the board, but the requirements must at a minimum require the applicant to meet both of the following:
(a) Be at least seventeen years of age;
(b)
Have an eighth grade education, or an equivalent education as
determined by the state
board department
of
education
and
workforce.
(8) Have a procedure to submit every student applicant's admission application to the board for the board's review and approval prior to the applicant's admission to the barber school;
(9) Operate in a manner which reflects credit upon the barbering profession;
(10) Offer a curriculum of study which covers all aspects of the scientific fundamentals of barbering as specified by rule of the board;
(11) Employ no more than two licensed assistant barber teachers for each licensed barber teacher employed or fewer than two licensed teachers or one licensed teacher and one licensed assistant teacher at each facility.
(C) Each person who desires to obtain a barber teacher or assistant barber teacher license shall apply to the board, on forms provided by the board. The board shall only issue a barber teacher license to a person who meets all of the following requirements:
(1) Holds a current barber license issued pursuant to this chapter and has at least eighteen months of work experience in a licensed barber shop or has been employed as an assistant barber teacher under the supervision of a licensed barber teacher for at least one year, unless, for good cause, the board waives this requirement;
(2) Meets such other requirements as adopted by rule by the board;
(3) Passes the required examination; and
(4) Pays the required fees.
The board shall only issue an assistant barber teacher license to a person who holds a current barber license issued pursuant to this chapter and pays the required fees.
(D) Any person who meets the qualifications of an assistant teacher pursuant to division (C) of this section, may be employed as an assistant teacher, provided that within five days after the commencement of the employment the barber school submits to the board, on forms provided by the board, the applicant's qualifications.
Sec. 4713.02. (A) There is hereby created the state cosmetology and barber board, consisting of all of the following members appointed by the governor, with the advice and consent of the senate:
(1) One individual holding a current, valid cosmetologist or cosmetology instructor license at the time of appointment;
(2) Two individuals holding current, valid cosmetologist licenses and actively engaged in managing beauty salons for a period of not less than five years at the time of appointment;
(3) One individual who holds a current, valid independent contractor license at the time of appointment and practices a branch of cosmetology;
(4) One individual who represents individuals who teach the theory and practice of a branch of cosmetology at a vocational or career-technical school;
(5) One owner or executive actively engaged in the daily operations of a licensed school of cosmetology;
(6) One owner of at least five licensed salons;
(7) One individual who is either a certified nurse practitioner or clinical nurse specialist holding a current, valid license to practice nursing as an advanced practice registered nurse issued under Chapter 4723. of the Revised Code or a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(8) One individual representing the general public;
(9) One individual who holds a current, valid tanning permit and who has owned or managed a tanning facility for at least five years immediately preceding the individual's appointment;
(10) One individual who holds a current, valid esthetician license and who has been actively practicing esthetics for a period of not less than five years immediately preceding the individual's appointment;
(11) One individual who is an employer barber and who has been licensed as a barber in this state for at least five years immediately preceding the individual's appointment;
(12) One individual who holds a current, valid barber or barber teacher license at the time of appointment and who has been licensed as a barber or barber teacher in this state for at least five years immediately preceding the individual's appointment.
(B)
The superintendent
of public instruction director
of education and workforce shall
nominate three individuals for the governor to choose from when
making an appointment under division (A)(4) of this section.
(C) All members shall be at least twenty-five years of age, residents of the state, and citizens of the United States. No more than two members, at any time, shall be graduates of the same school of cosmetology. Not more than one member shall have a common financial connection with any school of cosmetology, salon, barber school, or barber shop.
Terms of office are for five years. Terms shall commence on the first day of November and end on the thirty-first day of October. Each member shall hold office from the date of appointment until the end of the term for which appointed. In case of a vacancy occurring on the board, the governor shall, in the same manner prescribed for the regular appointment to the board, fill the vacancy by appointing a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Before entering upon the discharge of the duties of the office of member, each member shall take, and file with the secretary of state, the oath of office required by Section 7 of Article XV, Ohio Constitution.
The members of the board shall receive an amount fixed pursuant to Chapter 124. of the Revised Code per diem for every meeting of the board which they attend, together with their necessary expenses, and mileage for each mile necessarily traveled.
The members of the board shall annually elect, from among their number, a chairperson and a vice-chairperson. The executive director appointed pursuant to section 4713.06 of the Revised Code shall serve as the board's secretary.
(D) The board shall prescribe the duties of its officers and establish an office within Franklin county. The board shall keep all records and files at the office and have the records and files at all reasonable hours open to public inspection in accordance with section 149.43 of the Revised Code and any rules adopted by the board in compliance with this state's record retention policy. The board also shall adopt a seal for the authentication of its orders, communications, and records.
(E) The governor may remove any member for cause prior to the expiration of the member's term of office.
(F) Whenever the term "state board of cosmetology" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context. Whenever the term "barber board" is used, referred to, or designated in statute, rule, contract, grant, or other document, the use, reference, or designation shall be deemed to mean the "state cosmetology and barber board" or the executive director of the state cosmetology and barber board, whichever is appropriate in context.
Sec. 4732.10. (A) The state board of psychology shall appoint an entrance examiner who shall determine the sufficiency of an applicant's qualifications for admission to the appropriate examination. A member of the board or the executive director may be appointed as the entrance examiner.
(B) Requirements for admission to examination for a psychologist license shall be that the applicant:
(1) Is at least twenty-one years of age;
(2) Meets one of the following requirements:
(a) Received an earned doctoral degree from an institution accredited or recognized by a national or regional accrediting agency and a program accredited by any of the following:
(i) The American psychological association, office of program consultation and accreditation;
(ii) The accreditation office of the Canadian psychological association;
(iii) A program listed by the association of state and provincial psychology boards/national register designation committee;
(iv) The national association of school psychologists.
(b) Received an earned doctoral degree in psychology or school psychology from an institution accredited or recognized by a national or regional accrediting agency but the program does not meet the program accreditation requirements of division (B)(2)(a) of this section;
(c) Received from an academic institution outside of the United States or Canada a degree determined, under rules adopted by the board under division (F) of this section, to be equivalent to a doctoral degree in psychology from a program described in division (B)(2)(a) of this section;
(d) Held a psychologist license, certificate, or registration required for practice in another United States or Canadian jurisdiction for a minimum of ten years and meets educational, experience, and professional requirements established under rules adopted by the board.
(3) Has had at least two years of supervised professional experience in psychological work of a type satisfactory to the board, at least one year of which must be a predoctoral internship. The board shall adopt guidelines for the kind of supervised professional experience that fulfill this requirement.
(4) If applying under division (B)(2)(b) or (c) of this section, has had at least two years of supervised professional experience in psychological work of a type satisfactory to the board, at least one year of which must be postdoctoral. The board shall adopt guidelines for the kind of supervised professional experience that fulfill this requirement.
(C) Requirements for admission to examination for an independent school psychologist license shall be that the applicant:
(1) Has received from an educational institution accredited or recognized by national or regional accrediting agencies as maintaining satisfactory standards, including those approved by the state board of education for the training of independent school psychologists, at least a master's degree in school psychology, or a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Has completed at least sixty quarter hours, or the semester hours equivalent, at the graduate level, of accredited study in course work relevant to the study of school psychology;
(4)
Has completed an internship in an educational institution approved by
the Ohio
department
of education and
workforce for
school psychology supervised experience or one year of other training
experience acceptable to the board, such as supervised professional
experience under the direction of a licensed psychologist, licensed
independent school psychologist, or licensed school psychologist;
(5)
Furnishes proof of at least twenty-seven months, exclusive of
internship, of full-time experience as a certificated school
psychologist employed by a board of education or a private school
meeting the standards prescribed by the state
board director
of
education
and
workforce,
or of experience that the board deems equivalent.
(D) Requirements for admission to examination for a school psychologist shall be that the applicant:
(1) Has received from an educational institution accredited or recognized by national or regional accrediting agencies as maintaining satisfactory standards, including those approved by the state board of education for the training of school psychologists, at least a master's degree in school psychology, or a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Has completed a nine month, full-time internship in an approved school setting as described in rules adopted by the board.
(E) If the entrance examiner finds that the applicant meets the requirements set forth in this section, the applicant shall be admitted to the appropriate examination.
(F) The board shall adopt under Chapter 119. of the Revised Code rules for determining for the purposes of division (B)(2)(c) of this section whether a degree is equivalent to a degree in psychology from an institution in the United States.
Sec. 4735.09. (A) Application for a license as a real estate salesperson shall be made to the superintendent of real estate on forms furnished by the superintendent and signed by the applicant. The application shall be in the form prescribed by the superintendent and shall contain such information as is required by this chapter and the rules of the Ohio real estate commission. The application shall be accompanied by the recommendation of the real estate broker with whom the applicant is associated or with whom the applicant intends to be associated, certifying that the applicant is honest and truthful, and has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate, which conviction or adjudication the applicant has not disclosed to the superintendent, and recommending that the applicant be admitted to the real estate salesperson examination.
(B) A fee of eighty-one dollars shall accompany the application, which fee includes the fee for the initial year of the licensing period, if a license is issued. The initial year of the licensing period commences at the time the license is issued and ends on the applicant's first birthday thereafter. The application fee shall be nonrefundable. A fee of eighty-one dollars shall be charged by the superintendent for each successive application made by the applicant. One dollar of each application fee shall be credited to the real estate education and research fund.
(C) There shall be no limit placed on the number of times an applicant may retake the examination.
(D) The superintendent, with the consent of the commission, may enter into an agreement with a recognized national testing service to administer the real estate salesperson's examination under the superintendent's supervision and control, consistent with the requirements of this chapter as to the contents of the examination.
If the superintendent, with the consent of the commission, enters into an agreement with a national testing service to administer the real estate salesperson's examination, the superintendent may require an applicant to pay the testing service's examination fee directly to the testing service. If the superintendent requires the payment of the examination fee directly to the testing service, each applicant shall submit to the superintendent a processing fee in an amount determined by the Ohio real estate commission pursuant to division (A)(1) of section 4735.10 of the Revised Code.
(E) The superintendent shall issue a real estate salesperson's license when satisfied that the applicant has received a passing score on each portion of the salesperson's examination as determined by rule by the real estate commission, except that the superintendent may waive one or more of the requirements of this section in the case of an applicant who is a licensed real estate salesperson in another state pursuant to a reciprocity agreement with the licensing authority of the state from which the applicant holds a valid real estate salesperson's license.
(F) No applicant for a salesperson's license shall take the salesperson's examination who has not established to the satisfaction of the superintendent that the applicant:
(1) Is honest and truthful;
(2)(a) Has not been convicted of a disqualifying offense as determined in accordance with section 9.79 of the Revised Code;
(b) Has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate or, if the applicant has been so adjudged, at least two years have passed since the court decision and the superintendent has disregarded the adjudication because the applicant has proven, by a preponderance of the evidence, that the applicant is honest and truthful, and there is no basis in fact for believing that the applicant again will violate the laws involved.
(3) Has not, during any period in which the applicant was licensed under this chapter, violated any provision of, or any rule adopted pursuant to this chapter, or, if the applicant has violated such provision or rule, has established to the satisfaction of the superintendent that the applicant will not again violate such provision or rule;
(4) Is at least eighteen years of age;
(5)
If born after the year 1950, has a high school diploma or a
certificate of high school equivalence issued by
the department of educationunder
section 3301.80 of the Revised Code;
(6) Has successfully completed at an institution of higher education all of the following credit-eligible courses by either classroom instruction or distance education:
(a) Forty hours of instruction in real estate practice;
(b) Forty hours of instruction that includes the subjects of Ohio real estate law, municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination. If feasible, the instruction in Ohio real estate law shall be taught by a member of the faculty of an accredited law school. If feasible, the instruction in municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination shall be taught by a staff member of the Ohio civil rights commission who is knowledgeable with respect to those subjects. The requirements of this division do not apply to an applicant who is admitted to practice before the supreme court.
(c) Twenty hours of instruction in real estate appraisal;
(d) Twenty hours of instruction in real estate finance.
(G)(1) Successful completion of the instruction required by division (F)(6) of this section shall be determined by the law in effect on the date the instruction was completed.
(2) Division (F)(6)(c) of this section does not apply to any new applicant who holds a valid Ohio real estate appraiser license or certificate issued prior to the date of application for a real estate salesperson's license.
(H) Only for noncredit course offerings, an institution of higher education shall obtain approval from the appropriate state authorizing entity prior to offering a real estate course that is designed and marketed as satisfying the salesperson license education requirements of division (F)(6) of this section. The state authorizing entity may consult with the superintendent in reviewing the course for compliance with this section.
(I) Any person who has not been licensed as a real estate salesperson or broker within a four-year period immediately preceding the person's current application for the salesperson's examination shall have successfully completed the prelicensure instruction required by division (F)(6) of this section within a ten-year period immediately preceding the person's current application for the salesperson's examination.
(J) Not earlier than the date of issue of a real estate salesperson's license to a licensee, but not later than twelve months after the date of issue of a real estate salesperson license to a licensee, the licensee shall submit proof satisfactory to the superintendent, on forms made available by the superintendent, of the completion of twenty hours of instruction that shall be completed in schools, seminars, and educational institutions approved by the commission. The instruction shall include, but is not limited to, current practices relating to commercial real estate, property management, short sales, and land contracts; contract law; federal and state programs; economic conditions; and fiduciary responsibility. Approval of the curriculum and providers shall be granted according to rules adopted pursuant to section 4735.10 of the Revised Code and may be taken through classroom instruction or distance education.
If proof of completion of the required instruction is not submitted within twelve months of the date a license is issued under this section, the licensee's license is suspended automatically without the taking of any action by the superintendent. The superintendent immediately shall notify the broker with whom such salesperson is associated of the suspension of the salesperson's license. A salesperson whose license has been suspended under this division shall have twelve months after the date of the suspension of the salesperson's license to submit proof of successful completion of the instruction required under this division. No such license shall be reactivated by the superintendent until it is established, to the satisfaction of the superintendent, that the requirements of this division have been met and that the licensee is in compliance with this chapter. A licensee's license is revoked automatically without the taking of any action by the superintendent when the licensee fails to submit the required proof of completion of the education requirements under division (I) of this section within twelve months of the date the license is suspended.
(K) Examinations shall be administered with reasonable accommodations in accordance with the requirements of the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12189. The contents of an examination shall be consistent with the classroom instructional requirements of division (F)(6) of this section. An applicant who has completed the classroom instructional requirements of division (F)(6) of this section at the time of application shall be examined no later than twelve months after the applicant is notified of the applicant's admission to the examination.
Sec.
4742.02. (A)
The
state
board
department
of
education
and
workforce,
in conjunction with emergency service providers, shall develop and
implement a
program to provide emergency service telecommunicator training,
and shall implement the program not more than one year after the
effective date of this section.
In developing the program, the state
board department
and
the emergency service providers shall accept and consider suggestions
from any political subdivision or other entity, whether located
within or outside of this state, that offers suggestions. The program
shall include all of the following:
(1) A curriculum for a basic course of emergency service telecommunicator training that conforms to the requirements of division (A) of section 4742.03 of the Revised Code;
(2) A curriculum for continuing education coursework in emergency service telecommunicator training that conforms to the requirements of division (B) of section 4742.03 of the Revised Code;
(3) Standards and examinations to be used in the program to certify that a person has successfully completed a basic course of, or continuing education coursework in, emergency service telecommunicator training;
(4) Implementation of the training program at vocational education centers that are approved by the board to offer vocational education;
(5) The provision at least eight times per year of a basic course of emergency service telecommunicator training at different vocational education centers around this state selected to reasonably accommodate persons requesting the training;
(6)
A requirement that any employee of an emergency service provider may
enroll in and complete any course offered under the program at no
charge by the state
board department
to
the employee or provider. The tuition and materials costs for
training such employees under the program shall be paid from the
emergency service telecommunicator training fund created under
division (B) of this section.
(7)
A requirement that space available in each basic course offered by
the state
board department
shall
be allocated on a priority basis, first to unpaid volunteers of
emergency service providers, second to paid volunteers of such
providers, and third to other persons;
(8)
A provision allowing persons who are not employees of emergency
service providers to enroll in any course offered under the program,
on a space-available basis. The state
board department
may
charge reasonable tuition to such persons to attend the course.
(B)
The emergency service telecommunicator training fund is hereby
established in the state treasury. The state
board of education department
shall
use money in the fund only for the following purposes:
(1) To develop the emergency service telecommunicator training program required under division (A) of this section;
(2)
To pay the compensation of state
board of education department
employees
who administer the program and the state
board's department's
costs
of training employees of emergency service providers at courses
offered under the program.
(C)
The
state
board of education
department,
in accordance with Chapter 119. of the Revised Code, shall adopt
rules necessary to develop and administer the training program under
this section.
Sec.
4742.03. (A)
A person may obtain certification as an emergency service
telecommunicator by successfully completing a basic course of
emergency service telecommunicator training that is conducted by the
state
board department
of
education
and
workforce
under
section 4742.02 of the Revised Code. The basic course of emergency
service telecommunicator training shall include, but not be limited
to, both of the following:
(1) At least forty hours of instruction or training;
(2) Instructional or training units in all of the following subjects:
(a) The role of the emergency service telecommunicator;
(b) Effective communication skills;
(c) Emergency service telecommunicator liability;
(d) Telephone techniques;
(e) Requirements of the "Americans With Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, as amended, that pertain to emergency service telecommunicators;
(f) Handling hysterical and suicidal callers;
(g) Informing individuals who call about an apparent drug overdose about the immunity from prosecution for a minor drug possession offense created by section 2925.11 of the Revised Code;
(h) Law enforcement terminology;
(i) Fire service terminology;
(j) Emergency medical service terminology;
(k) Emergency call processing guides for law enforcement;
(l) Emergency call processing guides for fire service;
(m) Emergency call processing guides for emergency medical service;
(n) Radio broadcast techniques;
(o) Disaster planning;
(p) Police officer survival, fire or emergency medical service scene safety, or both police officer survival and fire or emergency medical service scene safety.
(B) A person may maintain certification as an emergency service telecommunicator by successfully completing at least eight hours of continuing education coursework in emergency service telecommunicator training during each two-year period after a person first obtains the certification referred to in division (A) of this section. The continuing education coursework shall consist of review and advanced training and instruction in the subjects listed in division (A)(2) of this section.
(C)
If a person successfully completes the basic course of emergency
service telecommunicator training described in division (A) of this
section, the state
board of education department
or
a
the
department's designee
of
the board shall
certify the person's successful completion. The board
department
shall
send a copy of the certification to the person and to the emergency
service provider by whom the person is employed.
If
a person successfully completes the continuing education coursework
described in division (B) of this section, the state
board of education or a designee of the board department
shall
certify the person's successful completion. The board
department
shall
send a copy of the certification to the person and to the emergency
service provider by whom the person is employed.
Sec.
4742.05. (A)
A career school that holds a valid certificate of registration from
the state board of career colleges and schools may apply to the state
board department
of
education
and
workforce
for
certification of a basic course of emergency service telecommunicator
training or of continuing education coursework in emergency service
telecommunicator training. The state
board of education department
shall
prescribe the form of the application.
(B)
Upon receipt of an application, the state
board of education department
shall
review it and consider whether the proposed course or coursework
meets the requirements of division (A) or (B) of section 4742.03 of
the Revised Code concerning course length and content. If the
proposed course or coursework meets those requirements, the state
board of education department
shall
issue a certification of that fact to the career school. Inclusion of
on-site verifiable electronic training as part of a proposed basic or
continuing education course shall not be a reason for the state
board department
to
deny certification.
(C)
If, after receiving a certification from the state
board of education department
under
this section, the career school changes the approved course or
coursework, the prior certification is canceled and the career school
shall apply to the state
board of education department
for
certification of the changed course or coursework.
Sec.
4742.06. (A)
A person may obtain certification as an emergency service
telecommunicator by successfully completing a basic course of
emergency service telecommunicator training that is conducted by a
career school that has obtained certification of that course from the
state
board department
of
education
and
workforce
under
section 4742.05 of the Revised Code. If a person successfully
completes the course, the career school shall certify the person's
successful completion.
(B)
A person may maintain certification as an emergency service
telecommunicator by successfully completing continuing education
coursework in emergency service telecommunicator training that is
conducted by a career school that has obtained certification of that
coursework from the state
board of education department
under
section 4742.05 of the Revised Code. If a person successfully
completes the coursework, the career school shall certify the
person's successful completion.
(C) Upon certification of a person's successful completion under division (A) or (B) of this section, the career school shall send a copy of the certification to the person and to the emergency service provider that employs the person.
(D) Tuition and materials costs for a person enrolled in a certified basic or continuing education course conducted by a career school shall be paid by the person, an emergency service provider, or any other entity on behalf of the person or an emergency service provider.
Sec.
4742.07. The
state
board department
of
education
and
workforce
and
any emergency service provider or career school that certifies
emergency service telecommunicators shall comply with section 4776.20
of the Revised Code.
Sec. 4743.03. No board, commission, or agency created under or by virtue of Title 47 of the Revised Code shall restrict entry into any occupation, profession, or trade under its supervision or regulation by:
(A) Unreasonably restricting the number of schools or other institutions it certifies or accredits for the purpose of fulfilling educational or training requirements for such occupation, profession, or trade;
(B)
Denying certification or accreditation for the purpose of fulfilling
such educational or training requirements to any school, college, or
other educational institution that has been certified by the Ohio
board chancellor
of
regents
higher
education or
the state board of career colleges and schools or to a high school
for which the state
board director
of
education and
workforce prescribes
minimum standards under division (D) of section 3301.07 of the
Revised Code, unless the educational or training program offered by
such school, college, or institution is not in substantial compliance
with applicable standards of the occupation, profession, or trade.
(C) Rules of state regulatory boards relevant to age and level of education required for admission to courses of study leading to examination and licensing in professions or occupations controlled by regulatory boards not requiring a technical, associate, or baccalaureate degree shall not apply to vocational education programs conducted in the public schools where such vocational education programs in all other respects meet the minimum standards and requirements of any regulatory board and students completing such programs are of the minimum age required for examination and licensing for the purpose of practicing professions or occupations controlled by regulatory boards.
Nothing in this section shall prohibit a board, commission, or agency from prescribing and enforcing educational and training requirements and standards for certification and accreditation of schools and other institutions that constitute reasonable bases for maintaining necessary standards of performance in any occupation, profession, or trade.
Sec. 4747.10. Each person currently engaged in training to become a licensed hearing aid dealer or fitter shall apply to the state speech and hearing professionals board for a hearing aid dealer's and fitter's trainee permit. The board shall issue to each applicant within thirty days of receipt of a properly completed application and payment of an application fee set by the board in rules adopted under section 4747.04 of the Revised Code, a trainee permit if such applicant meets all of the following criteria:
(A) Is at least eighteen years of age;
(B)
Is the holder of a diploma from an accredited high school or a
certificate of high school equivalence issued by
the department of educationunder
section 3301.80 of the Revised Code;
(C) Is free of contagious or infectious disease.
The board shall not deny a trainee permit issued under this section to any individual based on the individual's past criminal history unless the denial is in accordance with section 9.79 of the Revised Code.
In considering a renewal of an individual's trainee permit, the board shall not consider any conviction or plea of guilty prior to the issuance of the initial trainee permit. However, the board may consider a conviction or plea of guilty if it occurred after the individual was initially granted the trainee permit, or after the most recent trainee permit renewal. The board shall comply with Chapter 119. of the Revised Code when denying an individual for a trainee permit or renewal. Additionally, the board may grant an individual a conditional trainee permit that lasts for one year. After the one-year period has expired, the permit is no longer considered conditional, and the individual shall be considered to be granted a full trainee permit.
Each trainee permit issued by the board expires one year from the date it was first issued, and may be renewed once if the trainee has not successfully completed the qualifying requirements for licensing as a hearing aid dealer or fitter before the expiration date of such permit. The board shall issue a renewed permit to each applicant upon receipt of a properly completed application and payment of a renewal fee set by the board in rules adopted under section 4747.04 of the Revised Code. No person holding a trainee permit shall engage in the practice of dealing in or fitting of hearing aids except while under supervision by a licensed hearing aid dealer or fitter.
Sec. 4757.41. (A) This chapter shall not apply to the following:
(1)
A person certified by the state board of education under Chapter
3319. of the Revised Code while performing any services within the
person's scope of employment by a board of education or by a private
school meeting the standards prescribed by the state
board director
of
education and
workforce under
division (D) of section 3301.07 of the Revised Code or in a program
operated under Chapter 5126. of the Revised Code for training
individuals with developmental disabilities;
(2) Psychologists, independent school psychologists, or school psychologists licensed under Chapter 4732. of the Revised Code;
(3) Members of other professions licensed, certified, or registered by this state while performing services within the recognized scope, standards, and ethics of their respective professions;
(4) Rabbis, priests, Christian science practitioners, clergy, or members of religious orders and other individuals participating with them in pastoral counseling when the counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally cognizable church, denomination, or sect or an integrated auxiliary of a church as defined in federal tax regulations, paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the individual rendering the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary;
(5) Any person who is not licensed under this chapter as a licensed professional clinical counselor, licensed professional counselor, independent social worker, or social worker and is employed in the civil service as defined in section 124.01 of the Revised Code while engaging in professional counseling or social work as a civil service employee, if on July 10, 2014, the person has at least two years of service in that capacity;
(6) A student in an accredited educational institution while carrying out activities that are part of the student's prescribed course of study if the activities are supervised as required by the educational institution and if the student does not hold herself or himself out as a person licensed or registered under this chapter;
(7) An individual who holds a license or certificate under Chapter 4758. of the Revised Code who is acting within the scope of the individual's license or certificate as a member of the profession of chemical dependency counseling or prevention services;
(8) Any person employed by the American red cross while engaging in activities relating to services for military families and veterans and disaster relief, as described in the "American National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as amended;
(9) Members of labor organizations who hold union counselor certificates while performing services in their official capacity as union counselors;
(10) Any person employed in a hospital as defined in section 3727.01 of the Revised Code or in a nursing home as defined in section 3721.01 of the Revised Code while providing as a hospital employee or nursing home employee, respectively, social services other than counseling and the use of psychosocial interventions and social psychotherapy;
(11) A vocational rehabilitation professional who is providing rehabilitation services to individuals under section 3304.17 of the Revised Code, or holds certification by the commission on rehabilitation counselor certification and is providing rehabilitation counseling services consistent with the commission's standards;
(12) A caseworker not licensed under this chapter as an independent social worker or social worker who is employed by a public children services agency under section 5153.112 of the Revised Code.
(B) Divisions (A)(5) and (10) of this section do not prevent a person described in those divisions from obtaining a license or certificate of registration under this chapter.
(C) Except as provided in divisions (A) and (D) of this section, no employee in the service of the state, including public employees as defined by Chapter 4117. of the Revised Code, shall engage in the practice of professional counseling, social work, or marriage and family therapy without the appropriate license issued by the board. Failure to comply with this division constitutes nonfeasance under section 124.34 of the Revised Code or just cause under a collective bargaining agreement. Nothing in this division restricts the director of administrative services from developing new classifications related to this division or from reassigning affected employees to appropriate classifications based on the employee's duties and qualifications.
(D) Except as provided in division (A) of this section, an employee who was engaged in the practice of professional counseling, social work, or marriage and family therapy in the service of the state prior to July 10, 2014, including public employees as defined by Chapter 4117. of the Revised Code, shall comply with division (C) of this section within two years after July 10, 2014. Any such employee who fails to comply shall be removed from employment.
(E) Nothing in this chapter prevents a public children services agency from employing as a caseworker a person not licensed under this chapter as an independent social worker or social worker who has the qualifications specified in section 5153.112 of the Revised Code.
Sec. 4758.61. An individual who holds a valid prevention specialist assistant certificate or registered applicant certificate issued under this chapter may engage in the practice of prevention services under the supervision of any of the following:
(A) A prevention consultant or prevention specialist certified under this chapter;
(B) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(C) A psychologist licensed under Chapter 4732. of the Revised Code;
(D) A registered nurse licensed under Chapter 4723. of the Revised Code;
(E) A licensed professional clinical counselor, a licensed professional counselor, an independent social worker, a social worker, an independent marriage and family therapist, or a marriage and family therapist licensed under Chapter 4757. of the Revised Code;
(F)
A school counselor licensed by the department
state
board of
education pursuant to section 3319.22 of the Revised Code;
(G) A health education specialist certified by the national commission for health education credentialing;
(H) An individual authorized to practice as a certified nurse practitioner or clinical nurse specialist under Chapter 4723. of the Revised Code.
Sec. 4779.13. To be eligible for a license to practice pedorthics, an applicant must meet both of the following requirements:
(A) Holds a high school diploma or certificate of high school equivalence issued by the department of education and workforce, or a primary-secondary education or higher education agency of another state;
(B) Has completed the education, training, and experience required to take the certification examination developed by the Ohio occupational therapy, physical therapy, and athletic trainers board for certification in pedorthics or an equivalent successor organization recognized by the board.
Sec. 5101.061. (A) There is hereby established in the department of job and family services the office of human services innovation. The office shall develop recommendations, as described in division (B) of this section, regarding the coordination and reform of state programs to assist the residents of this state in preparing for life and the dignity of work and to promote individual responsibility and work opportunity.
The
director of job and family services shall establish the office's
organizational structure, may reassign the department's staff and
resources as necessary to support the office's activities, and is
responsible for the office's operations. The department
of education and workforcesuperintendent
of public instruction,
chancellor of higher education, and director of the governor's office
of workforce transformation shall assist the director of job and
family services with leadership and organizational support for the
office.
(B) Not later than January 1, 2015, the office shall submit to the governor recommendations for all of the following:
(1) Coordinating services across all public assistance programs to help individuals find employment, succeed at work, and stay out of poverty;
(2) Revising incentives for public assistance programs to foster person-centered case management;
(3) Standardizing and automating eligibility determination policies and processes for public assistance programs;
(4) Other matters the office considers appropriate.
(C) Not later than three months after September 15, 2014, the office shall establish clear principles to guide the development of its recommendations, shall identify in detail the problems to be addressed in the recommendations, and shall make an inventory of all state and other resources that the office considers relevant to the recommendations.
(D) The office shall convene the directors and staff of the departments, agencies, offices, boards, commissions, and institutions of the executive branch of the state as necessary to develop the office's recommendations. The departments, agencies, offices, boards, commissions, and institutions shall comply with all requests and directives that the office makes, subject to the supervision of the directors of the departments, agencies, offices, boards, commissions, and institutions. The office also shall convene other individuals interested in the issues that the office addresses in the development of the recommendations to obtain their input on, and support for, the recommendations.
Sec. 5101.34. (A) There is hereby created in the department of job and family services the Ohio commission on fatherhood. The commission shall consist of the following members:
(1)(a) Four members of the house of representatives appointed by the speaker of the house, not more than two of whom are members of the same political party. Two of the members must be from legislative districts that include a county or part of a county that is among the one-third of counties in this state with the highest number per capita of households headed by females.
(b) Two members of the senate appointed by the president of the senate, each from a different political party. One of the members must be from a legislative district that includes a county or part of a county that is among the one-third of counties in this state with the highest number per capita of households headed by females.
(2) The governor, or the governor's designee;
(3) One representative of the judicial branch of government appointed by the chief justice of the supreme court;
(4)
The directors of health, job and family services, rehabilitation and
correction, mental health and addiction services, and
youth
services and
the superintendent of public instruction,
and education and workforce,
or their designees;
(5) One representative of the Ohio family and children first cabinet council created under section 121.37 of the Revised Code appointed by the chairperson of the council;
(6) Five representatives of the general public appointed by the governor. These members shall have extensive experience in issues related to fatherhood.
(B)
The appointing authorities of the Ohio commission on fatherhood shall
make initial appointments to the commission within thirty days after
September 29, 1999. Of the initial appointments to the commission
made pursuant to divisions (A)(3), (5), and (6) of this section,
three of the members shall serve a term of one year and four shall
serve a term of two years. Members so appointed subsequently shall
serve two-year terms. A member appointed pursuant to division (A)(1)
of this section shall serve on the commission until the end of the
general assembly from which the member was appointed or until the
member ceases to serve in the chamber of the general assembly in
which the member serves at the time of appointment, whichever occurs
first. The governor or the governor's designee shall serve on the
commission until the governor ceases to be governor. The directors
and
superintendent or
their designees shall serve on the commission until they cease, or
the director or
superintendent a
designee represents ceases, to be director or
superintendent.
Each member shall serve on the commission from the date of
appointment until the end of the term for which the member was
appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall serve on the commission for the remainder of that term. A member shall continue to serve on the commission subsequent to the expiration date of the member's term until the member's successor is appointed or until a period of sixty days has elapsed, whichever occurs first. Members shall serve without compensation but shall be reimbursed for necessary expenses.
Sec. 5103.02. As used in sections 5103.03 to 5103.181 of the Revised Code:
(A)(1) "Association" or "institution" includes all of the following:
(a) Any incorporated or unincorporated organization, society, association, or agency, public or private, that receives or cares for children for two or more consecutive weeks;
(b) Any individual, including the operator of a foster home, who, for hire, gain, or reward, receives or cares for children for two or more consecutive weeks, unless the individual is related to them by blood or marriage;
(c) Any individual not in the regular employ of a court, or of an institution or association certified in accordance with section 5103.03 of the Revised Code, who in any manner becomes a party to the placing of children in foster homes, unless the individual is related to such children by blood or marriage or is the appointed guardian of such children.
(2) "Association" or "institution" does not include any of the following:
(a) Any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of education and workforce, a local board of education, the department of youth services, the department of mental health and addiction services, or the department of developmental disabilities;
(b) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody;
(c) A private, nonprofit therapeutic wilderness camp;
(d) A qualified organization as defined in section 2151.90 of the Revised Code.
(B) "Family foster home" means a foster home that is not a specialized foster home.
(C) "Foster caregiver" means a person holding a valid foster home certificate issued under section 5103.03 of the Revised Code.
(D) "Foster home" means a private residence in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children nonsecure care, supervision, or training twenty-four hours a day. "Foster home" does not include care provided for a child in the home of a person other than the child's parent, guardian, or legal custodian while the parent, guardian, or legal custodian is temporarily away. Family foster homes and specialized foster homes are types of foster homes.
(E) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(F) "Medically fragile foster home" means a foster home that provides specialized medical services designed to meet the needs of children with intensive health care needs who meet all of the following criteria:
(1) Under rules adopted by the medicaid director governing medicaid payments for long-term care services, the children require a skilled level of care.
(2) The children require the services of a doctor of medicine or osteopathic medicine at least once a week due to the instability of their medical conditions.
(3) The children require the services of a registered nurse on a daily basis.
(4) The children are at risk of institutionalization in a hospital, skilled nursing facility, or intermediate care facility for individuals with intellectual disabilities.
(G) "Private, nonprofit therapeutic wilderness camp" means a structured, alternative residential setting for children who are experiencing emotional, behavioral, moral, social, or learning difficulties at home or school in which all of the following are the case:
(1) The children spend the majority of their time, including overnight, either outdoors or in a primitive structure.
(2) The children have been placed there by their parents or another relative having custody.
(3) The camp accepts no public funds for use in its operations.
(H) "Recommending agency" means a public children services agency, private child placing agency, or private noncustodial agency that recommends that the department of job and family services take any of the following actions under section 5103.03 of the Revised Code regarding a foster home:
(1) Issue a certificate;
(2) Deny a certificate;
(3) Renew a certificate;
(4) Deny renewal of a certificate;
(5) Revoke a certificate.
(I) "Resource caregiver" means a foster caregiver or a kinship caregiver.
(J) "Resource family" means a foster home or the kinship caregiver family.
(K) "Specialized foster home" means a medically fragile foster home or a treatment foster home.
(L) "Treatment foster home" means a foster home that incorporates special rehabilitative services designed to treat the specific needs of the children received in the foster home and that receives and cares for children who are emotionally or behaviorally disturbed, who are chemically dependent, who have developmental disabilities, or who otherwise have exceptional needs.
Sec. 5103.08. The department of job and family services may enter into contracts with the department of education and workforce authorizing the department of job and family services to administer funds received by the department of education and workforce under the "State Dependent Care Development Grants Act," 100 Stat. 968 (1986), 42 U.S.C.A. 9871, as amended. In fulfilling its duties under such a contract, the department of job and family services may make grants to or enter into contracts with other public or private entities.
Sec. 5103.13. (A) As used in this section and section 5103.131 of the Revised Code:
(1)(a) "Children's crisis care facility" means a facility that has as its primary purpose the provision of residential and other care to either or both of the following:
(i) One or more preteens voluntarily placed in the facility by the preteen's parent or other caretaker who is facing a crisis that causes the parent or other caretaker to seek temporary care for the preteen and referral for support services;
(ii) One or more preteens placed in the facility by a public children services agency or private child placing agency that has legal custody or permanent custody of the preteen and determines that an emergency situation exists necessitating the preteen's placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere.
(b) "Children's crisis care facility" does not include any of the following:
(i) Any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of education and workforce, a local board of education, the department of youth services, the department of mental health and addiction services, or the department of developmental disabilities;
(ii) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody;
(iii) Any residential infant care center, as an entity deemed a residential infant care center under section 5103.602 of the Revised Code shall no longer be licensed as a children's crisis care center.
(2) "Legal custody" and "permanent custody" have the same meanings as in section 2151.011 of the Revised Code.
(3) "Pediatric medical service" means medical service required to be provided by, or with oversight from, a licensed medical professional, including prescribing medication, administering rectal or intravenous medication, and outpatient laboratory service, and providing for sick visits, on-site well child exams, and children assisted by medical technology.
(4) "Preteen" means an individual under thirteen years of age.
(B) No person shall operate a children's crisis care facility or hold a children's crisis care facility out as a certified children's crisis care facility unless there is a valid children's crisis care facility certificate issued under this section for the facility.
(C)(1) A person seeking to operate a children's crisis care facility shall apply to the director of job and family services to obtain a certificate for the facility.
(2)(a) The director shall certify the person's children's crisis care facility if the facility meets all of the certification standards established in rules adopted under division (H) of this section and the person complies with all of the rules governing the certification of children's crisis care facilities adopted under that division. The issuance of a children's crisis care facility certificate does not exempt the facility from a requirement to obtain another certificate or license mandated by law.
(b) The director shall not issue a waiver to a person for compliance with any of the requirements imposed under this section or any of the rules adopted under division (H) of this section.
(D) No certified children's crisis care facility shall do any of the following:
(1) Provide residential care to a preteen for more than one hundred twenty days in a calendar year;
(2) Provide residential care to a preteen for more than ninety consecutive days, which shall include the aggregate of days spent at different facility locations if a preteen is transferred in accordance with division (E)(4) of this section;
(3) Provide residential care to a preteen for more than fourteen consecutive days if a public children services agency or private child placing agency placed the preteen in the facility;
(4) Fail to comply with section 2151.86 of the Revised Code.
(E) A certified children's crisis care facility shall do the following:
(1) Employ a licensed social worker, a licensed independent social worker, a licensed professional counselor, or a licensed professional clinical counselor;
(2) Require, if pediatric medical service is provided at the facility, the following for the provision of pediatric medical service:
(a) Medical service to be provided by a qualified, licensed, and insured medical professional;
(b) All staff, volunteers, and interns to comply with the privacy requirements of the "Health Insurance Portability and Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. 1320d et seq., as amended;
(c) If a preteen is admitted by the preteen's parent or caretaker and if the preteen requires ongoing medical care following discharge from the facility, a medical professional or licensed social worker to make the medical professional's or social worker's best effort to ensure the parent or caretaker is competent to provide the ongoing care;
(d) The facility to have a dedicated and private enclosed space for the purpose of a medical professional to receive and treat patients and that contains a sink or tub, medical exam table, medical record system, and pediatric medical equipment.
(3) Require, if a preteen is admitted by the preteen's parent or caretaker, the facility's licensed social worker, licensed independent social worker, licensed professional counselor, or licensed professional clinical counselor to make their best efforts to ensure the parent or caretaker is competent in the basic parenting skills needed to care for the preteen;
(4) Require only a transfer summary for the transfer of a preteen from one certified children's crisis care facility location to another, if the facility has more than one location;
(5) Require the facility to have a dedicated and private enclosed space for the purpose of completing required admission paperwork and medical forms;
(6) Require the facility to develop a visitation plan for the preteen's parent or caretaker with the preteen while residential care is being provided, which shall occur during awake hours and not include overnight visits, for the parent or caretaker with the preteen.
(F) A certified children's crisis care facility may do the following:
(1) Count administrative staff, interns, and volunteers toward child staff ratios required under paragraph (G) of rule 5101:2-9-36 of the Administrative Code for up to three hours if the administrative staff, interns, or volunteers meet the following requirements:
(a) Completed training in the mission of the children's crisis care facility;
(b) Completed training pursuant to rule 5101:2-9-03 of the Administrative Code;
(c) Are supervised by facility staff.
(2) Use contracted transportation providers, on whom criminal records checks have been conducted in accordance with section 2151.86 of the Revised Code, to transport preteens, if such use is necessary for the facility to maintain required child staff ratios.
(G) The director of job and family services may suspend or revoke a children's crisis care facility's certificate pursuant to Chapter 119. of the Revised Code if the facility violates or fails to comply with any of the requirements under this section or ceases to meet any of the certification standards established in rules adopted under division (H) of this section or the facility's operator ceases to comply with any of the rules governing the certification of children's crisis care facilities adopted under that division.
(H) Not later than ninety days after September 21, 2006, the director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of children's crisis care facilities. The rules shall specify that a certificate shall not be issued to an applicant if the conditions at the children's crisis care facility would jeopardize the health or safety of the preteens placed in the facility.
Sec. 5103.55. A parent of a child attending a private, nonprofit therapeutic wilderness camp is not relieved of the parent's obligations regarding compulsory school attendance pursuant to section 3321.04 or 3321.042 of the Revised Code.
Sec. 5104.01. As used in this chapter:
(A) "Administrator" means the person responsible for the daily operation of a center, type A home, or approved child day camp. The administrator and the owner may be the same person.
(B) "Approved child day camp" means a child day camp approved pursuant to section 5104.22 of the Revised Code.
(C) "Authorized representative" means an individual employed by a center, type A home, or approved child day camp that is owned by a person other than an individual and who is authorized by the owner to do all of the following:
(1) Communicate on the owner's behalf;
(2) Submit on the owner's behalf applications for licensure or approval;
(3) Enter into on the owner's behalf provider agreements for publicly funded child care.
(D) "Border state child care provider" means a child care provider that is located in a state bordering Ohio and that is licensed, certified, or otherwise approved by that state to provide child care funded by the child care block grant act.
(E) "Career pathways model" means an alternative pathway to meeting the requirements to be a child-care staff member or administrator that does both of the following:
(1) Uses a framework approved by the director of job and family services to document formal education, training, experience, and specialized credentials and certifications;
(2) Allows the child-care staff member or administrator to achieve a designation as an early childhood professional level one, two, three, four, five, or six.
(F) "Caretaker parent" means the father or mother of a child whose presence in the home is needed as the caretaker of the child, a person who has legal custody of a child and whose presence in the home is needed as the caretaker of the child, a guardian of a child whose presence in the home is needed as the caretaker of the child, and any other person who stands in loco parentis with respect to the child and whose presence in the home is needed as the caretaker of the child.
(G)
"Chartered nonpublic school" means a school that meets
standards for nonpublic schools prescribed by the state
board director
of
education
and
workforce
for
nonpublic schools pursuant to section 3301.07 of the Revised Code.
(H) "Child" includes an infant, toddler, preschool-age child, or school-age child.
(I) "Child care block grant act" means the "Child Care and Development Block Grant Act of 2014," 128 Stat. 1971 (2014), 42 U.S.C. 9858, as amended.
(J) "Child day camp" means a program in which only school-age children attend or participate, that operates for no more than twelve hours per day and no more than fifteen weeks during the summer. For purposes of this division, the maximum twelve hours of operation time does not include transportation time from a child's home to a child day camp and from a child day camp to a child's home.
(K) "Child care" means all of the following:
(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
(2) By persons other than their parents, guardians, or custodians;
(3) For part of the twenty-four-hour day;
(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;
(5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.
(L) "Child day-care center" and "center" mean any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven or more children at one time. "Child day-care center" and "center" do not include any of the following:
(1) A place located in and operated by a hospital, as defined in section 3727.01 of the Revised Code, in which the needs of children are administered to, if all the children whose needs are being administered to are monitored under the on-site supervision of a physician licensed under Chapter 4731. of the Revised Code or a registered nurse licensed under Chapter 4723. of the Revised Code, and the services are provided only for children who, in the opinion of the child's parent, guardian, or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured;
(2) A child day camp;
(3) A place that provides care, if all of the following apply:
(a) An organized religious body provides the care;
(b) A parent, custodian, or guardian of at least one child receiving care is on the premises and readily accessible at all times;
(c) The care is not provided for more than thirty days a year;
(d) The care is provided only for preschool-age and school-age children.
(M) "Child care resource and referral service organization" means a community-based nonprofit organization that provides child care resource and referral services but not child care.
(N) "Child care resource and referral services" means all of the following services:
(1) Maintenance of a uniform data base of all child care providers in the community that are in compliance with this chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to families seeking child care;
(3) Provision of timely referrals of available child care providers to families seeking child care;
(4) Recruitment of child care providers;
(5) Assistance in developing, conducting, and disseminating training for child care professionals and provision of technical assistance to current and potential child care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and demand for child care in the community;
(7) Technical assistance concerning locally, state, and federally funded child care and early childhood education programs;
(8) Stimulation of employer involvement in making child care more affordable, more available, safer, and of higher quality for their employees and for the community;
(9) Provision of written educational materials to caretaker parents and informational resources to child care providers;
(10) Coordination of services among child care resource and referral service organizations to assist in developing and maintaining a statewide system of child care resource and referral services if required by the department of job and family services;
(11) Cooperation with the county department of job and family services in encouraging the establishment of parent cooperative child care centers and parent cooperative type A family day-care homes.
(O) "Child-care staff member" means an employee of a child day-care center, type A family day-care home, licensed type B family day-care home, or approved child day camp who is primarily responsible for the care and supervision of children. The administrator, authorized representative, or owner may be a child-care staff member when not involved in other duties.
(P) "Drop-in child day-care center," "drop-in center," "drop-in type A family day-care home," and "drop-in type A home" mean a center or type A home that provides child care or publicly funded child care for children on a temporary, irregular basis.
(Q) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child day-care center, type A family day-care home, licensed type B family day-care home, or approved child day camp;
(2) Is assigned specific working hours or duties in a child day-care center, type A family day-care home, licensed type B family day-care home, or approved child day camp.
(R) "Employer" means a person, firm, institution, organization, or agency that operates a child day-care center, type A family day-care home, licensed type B family day-care home, or approved child day camp subject to licensure or approval under this chapter.
(S) "Federal poverty line" means the official poverty guideline as revised annually in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(T) "Head start program" means a school-readiness program that satisfies all of the following:
(1) Is for children from birth to age five who are from low-income families;
(2) Receives funds distributed under the "Improving Head Start for School-Readiness Act of 2007," 42 U.S.C. 9831, as amended;
(3) Is licensed as a child care program.
(U) "Homeless child care" means child care provided to a child who satisfies any of the following:
(1) Is homeless as defined in 42 U.S.C. 11302;
(2) Is a homeless child or youth as defined in 42 U.S.C. 11434a;
(3) Resides temporarily with a caretaker in a facility providing emergency shelter for homeless families or is determined by a county department of job and family services to be homeless.
(V) "Income" means gross income, as defined in section 5107.10 of the Revised Code, less any amounts required by federal statutes or regulations to be disregarded.
(W) "Indicator checklist" means an inspection tool, used in conjunction with an instrument-based program monitoring information system, that contains selected licensing requirements that are statistically reliable indicators or predictors of a child day-care center's type A family day-care home's, or licensed type B family day-care home's compliance with licensing requirements.
(X) "Infant" means a child who is less than eighteen months of age.
(Y) "In-home aide" means a person who does not reside with the child but provides care in the child's home and is certified by a county director of job and family services pursuant to section 5104.12 of the Revised Code to provide publicly funded child care to a child in a child's own home pursuant to this chapter and any rules adopted under it.
(Z) "Instrument-based program monitoring information system" means a method to assess compliance with licensing requirements for child day-care centers, type A family day-care homes, and licensed type B family day-care homes in which each licensing requirement is assigned a weight indicative of the relative importance of the requirement to the health, growth, and safety of the children that is used to develop an indicator checklist.
(AA) "License capacity" means the maximum number in each age category of children who may be cared for in a child day-care center, type A family day-care home, or licensed type B family day-care home at one time as determined by the director of job and family services considering building occupancy limits established by the department of commerce, amount of available indoor floor space and outdoor play space, and amount of available play equipment, materials, and supplies.
(BB) "Licensed child care program" means any of the following:
(1) A child day-care center licensed by the department of job and family services pursuant to this chapter;
(2) A type A family day-care home or type B family day-care home licensed by the department of job and family services pursuant to this chapter;
(3) A licensed preschool program or licensed school child program.
(CC) "Licensed preschool program" or "licensed school child program" means a preschool program or school child program, as defined in section 3301.52 of the Revised Code, that is licensed by the department of education and workforce pursuant to sections 3301.52 to 3301.59 of the Revised Code.
(DD) "Licensed type B family day-care home" and "licensed type B home" mean a type B family day-care home for which there is a valid license issued by the director of job and family services pursuant to section 5104.03 of the Revised Code.
(EE) "Licensee" means the owner of a child day-care center, type A family day-care home, or type B family day-care home that is licensed pursuant to this chapter and who is responsible for ensuring compliance with this chapter and rules adopted pursuant to this chapter.
(FF) "Operate a child day camp" means to operate, establish, manage, conduct, or maintain a child day camp.
(GG) "Owner" includes a person, as defined in section 1.59 of the Revised Code, or government entity.
(HH) "Parent cooperative child day-care center," "parent cooperative center," "parent cooperative type A family day-care home," and "parent cooperative type A home" mean a corporation or association organized for providing educational services to the children of members of the corporation or association, without gain to the corporation or association as an entity, in which the services of the corporation or association are provided only to children of the members of the corporation or association, ownership and control of the corporation or association rests solely with the members of the corporation or association, and at least one parent-member of the corporation or association is on the premises of the center or type A home during its hours of operation.
(II) "Part-time child day-care center," "part-time center," "part-time type A family day-care home," and "part-time type A home" mean a center or type A home that provides child care or publicly funded child care for not more than four hours a day for any child or not more than fifteen consecutive weeks per year, regardless of the number of hours per day.
(JJ) "Place of worship" means a building where activities of an organized religious group are conducted and includes the grounds and any other buildings on the grounds used for such activities.
(KK) "Preschool-age child" means a child who is three years old or older but is not a school-age child.
(LL) "Protective child care" means publicly funded child care for the direct care and protection of a child to whom all of the following apply:
(1) A case plan has been prepared and maintained for the child pursuant to section 2151.412 of the Revised Code.
(2) The case plan indicates a need for protective care.
(3) The child resides with a parent, stepparent, guardian, or another person who stands in loco parentis as defined in rules adopted under section 5104.38 of the Revised Code.
(MM) "Publicly funded child care" means administering to the needs of infants, toddlers, preschool-age children, and school-age children under age thirteen during any part of the twenty-four-hour day by persons other than their caretaker parents for remuneration wholly or in part with federal or state funds, including funds available under the child care block grant act, Title IV-A, and Title XX, distributed by the department of job and family services.
(NN) "Religious activities" means any of the following: worship or other religious services; religious instruction; Sunday school classes or other religious classes conducted during or prior to worship or other religious services; youth or adult fellowship activities; choir or other musical group practices or programs; meals; festivals; or meetings conducted by an organized religious group.
(OO) "School-age child" means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old.
(PP) "Serious risk noncompliance" means a licensure or certification rule violation that leads to a great risk of harm to, or death of, a child, and is observable, not inferable.
(QQ) "Special needs child care" means child care provided to a child who is less than eighteen years of age and either has one or more chronic health conditions or does not meet age appropriate expectations in one or more areas of development, including social, emotional, cognitive, communicative, perceptual, motor, physical, and behavioral development and that may include on a regular basis such services, adaptations, modifications, or adjustments needed to assist in the child's function or development.
(RR) "Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(SS) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(TT) "Toddler" means a child who is at least eighteen months of age but less than three years of age.
(UU) "Type A family day-care home" and "type A home" mean the permanent residence of the administrator in which child care or publicly funded child care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. "Type A family day-care home" and "type A home" do not include any child day camp.
(VV) "Type B family day-care home" and "type B home" mean a permanent residence of the provider in which care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. "Type B family day-care home" and "type B home" do not include any child day camp.
Sec. 5104.015. The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the operation of child day-care centers, including parent cooperative centers, part-time centers, and drop-in centers. The rules shall reflect the various forms of child care and the needs of children receiving child care or publicly funded child care and shall include specific rules for school-age child care centers that are developed in consultation with the department of education and workforce. The rules shall include the following:
(A) Submission of a site plan and descriptive plan of operation to demonstrate how the center proposes to meet the requirements of this chapter and rules adopted pursuant to this chapter for the initial license application;
(B) Standards for ensuring that the physical surroundings of the center are safe and sanitary including the physical environment, the physical plant, and the equipment of the center;
(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the center;
(D) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible. As used in this division, "program" does not include instruction in religious or moral doctrines, beliefs, or values that is conducted at child day-care centers owned and operated by churches and does include methods of disciplining children at child day-care centers.
(E) Admissions policies and procedures;
(F) Health care policies and procedures, including procedures for the isolation of children with communicable diseases;
(G) First aid and emergency procedures;
(H) Procedures for discipline and supervision of children;
(I) Standards for the provision of nutritious meals and snacks;
(J) Procedures for screening children that may include any necessary physical examinations and shall include immunizations in accordance with section 5104.014 of the Revised Code;
(K) Procedures for screening employees that may include any necessary physical examinations and immunizations;
(L) Methods for encouraging parental participation in the center and methods for ensuring that the rights of children, parents, and employees are protected and that responsibilities of parents and employees are met;
(M) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the center while under the care of a center employee;
(N) Procedures for record keeping, organization, and administration;
(O) Procedures for issuing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;
(P) Inspection procedures;
(Q) Procedures and standards for setting initial license application fees;
(R) Procedures for receiving, recording, and responding to complaints about centers;
(S) Procedures for enforcing section 5104.04 of the Revised Code;
(T) Minimum qualifications for employment as an administrator or child-care staff member;
(U) Requirements for the training of administrators and child-care staff members, including training in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention;
(V) Standards providing for the needs of children who have disabilities or who require treatment for health conditions while the child is receiving child care or publicly funded child care in the center;
(W) A procedure for reporting of injuries of children that occur at the center;
(X) Standards for licensing child day-care centers for children with short-term illnesses and other temporary medical conditions;
(Y) Minimum requirements for instructional time for child day-care centers rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;
(Z) Any other procedures and standards necessary to carry out the provisions of this chapter regarding child day-care centers.
Sec. 5104.02. (A) The director of job and family services is responsible for licensing child day-care centers, type A family day-care homes, and type B family day-care homes. Each entity operating a head start program shall meet the criteria for, and be licensed as, a child day-care center. The director is responsible for the enforcement of this chapter and of rules promulgated pursuant to this chapter.
No person, firm, organization, institution, or agency shall operate, establish, manage, conduct, or maintain a child day-care center or type A family day-care home without a license issued under section 5104.03 of the Revised Code. The current license shall be posted in the center or home in a conspicuous place that is accessible to parents, custodians, or guardians and employees of the center or home at all times when the center or home is in operation.
(B) A person, firm, institution, organization, or agency operating any of the following programs is exempt from the requirements of this chapter:
(1) A program caring for children that operates for two consecutive weeks or less and not more than six weeks total in each calendar year;
(2) Caring for children in places of worship during religious activities while at least one parent, guardian, or custodian of each child is participating in such activities and is readily available;
(3) Supervised training, instruction, or activities of children in specific areas, including, but not limited to: art; drama; dance; music; athletic skills or sports; computers; or an educational subject conducted on an organized or periodic basis that a child does not attend for more than eight total hours per week;
(4) Programs in which the director determines that at least one parent, custodian, or guardian of each child who is not an employee of the facility engaged in employment duties is on the premises of the facility that offers care and is readily accessible at all times;
(5)
Programs that provide care and are regulated by state departments
other than the department of job and family services or the state
board department
of
education
and
workforce.
(6) Any preschool program or school child program, except a head start program, that is subject to licensure by the department of education and workforce under sections 3301.52 to 3301.59 of the Revised Code.
(7)
Any program providing care that meets all of the following
requirements and, on October 20, 1987, was being operated by a
nonpublic school that holds a charter issued by
the state board of education under
section 3301.16 of the Revised Code for
kindergarten only:
(a) The nonpublic school has given the notice to the state board of education and the director of job and family services required by Section 4 of Substitute House Bill No. 253 of the 117th general assembly;
(b)
The nonpublic school continues to be chartered by the state
board department
of education and workforce for
kindergarten, or receives and continues to hold a charter from the
state
board department
for
kindergarten through grade five;
(c) The program is conducted in a school building;
(d)
The program is operated in accordance with rules promulgated by the
state
board department
of education and workforce under
section 3301.53 of the Revised Code.
(8) A youth development program operated outside of school hours to which all of the following apply:
(a) The children enrolled in the program are under nineteen years of age and enrolled in or eligible to be enrolled in a grade of kindergarten or above.
(b) The program provides informal care, which is care that does not require parental signature, permission, or notice for the child receiving the care to enter or leave the program.
(c) The program provides any of the following supervised activities: educational, recreational, culturally enriching, social, and personal development activities.
(d) The entity operating the program is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
(9) A preschool program operated by a nonchartered, nontax-supported school if the preschool program meets all of the following conditions:
(a) The program complies with state and local health, fire, and safety laws.
(b) The program annually certifies in a report to the parents of its pupils that the school is in compliance with division (B)(9)(a) of this section and files a copy of the report with the department of job and family services on or before the thirtieth day of September of each year.
(c)
The program complies with all applicable reporting requirements in
the same manner as required by the state
board department
of
education
and
workforce
for
nonchartered, nonpublic primary and secondary schools.
(d) The program is associated with a nonchartered, nontax-supported primary or secondary school.
(10) A program that provides activities for children who are five years of age or older and is operated by a county, township, municipal corporation, township park district created under section 511.18 of the Revised Code, park district created under section 1545.04 of the Revised Code, or joint recreation district established under section 755.14 of the Revised Code.
Sec.
5104.053. As
a precondition of approval by the state
board department
of
education
and
workforce
pursuant
to section 3313.813 of the Revised Code for receipt of United States
department of agriculture child and adult care food program funds
established under the "National School Lunch Act," 60 Stat.
230 (1946), 42 U.S.C. 1751, as amended, the provider of child care in
a type B family day-care home that is not licensed by the director of
job and family services shall request an inspection of the type B
home by the fire marshal, who shall inspect the type B home pursuant
to section 3737.22 of the Revised Code to determine that it is in
compliance with rules established pursuant to section 5104.052 of the
Revised Code for licensed type B homes.
Sec.
5104.08. (A)
There is hereby created in the department of job and family services
a child care advisory council to advise and assist the department in
the administration of this chapter and in the development of child
care. The council shall consist of twenty-two voting members
appointed by the director of job and family services with the
approval of the governor. The director of job and family services,
the director of developmental disabilities, the director of mental
health and addiction services, the superintendent
of public instructiondirector
of education and workforce,
the director of health, the director of commerce, and the state fire
marshal shall serve as nonvoting members of the council.
Six members shall be representatives of child care centers subject to licensing, the members to represent a variety of centers, including nonprofit and proprietary, from different geographical areas of the state. At least three members shall be parents, guardians, or custodians of children receiving child care or publicly funded child care in the child's own home, a center, a type A home, a head start program, a licensed type B home, or a type B home at the time of appointment. Three members shall be representatives of in-home aides, type A homes, licensed type B homes, or type B homes or head start programs. At least six members shall represent county departments of job and family services. The remaining members shall be representatives of the teaching, child development, and health professions, and other individuals interested in the welfare of children. At least six members of the council shall not be employees or licensees of a child day-care center, head start program, or type A home, or providers operating a licensed type B home or type B home, or in-home aides.
Appointments shall be for three-year terms. Vacancies shall be filled for the unexpired terms. A member of the council is subject to removal by the director of job and family services for a willful and flagrant exercise of authority or power that is not authorized by law, for a refusal or willful neglect to perform any official duty as a member of the council imposed by law, or for being guilty of misfeasance, malfeasance, nonfeasance, or gross neglect of duty as a member of the council.
There shall be two co-chairpersons of the council. One co-chairperson shall be the director of job and family services or the director's designee, and one co-chairperson shall be elected by the members of the council. The council shall meet as often as is necessary to perform its duties, provided that it shall meet at least once in each quarter of each calendar year and at the call of the co-chairpersons. The co-chairpersons or their designee shall send to each member a written notice of the date, time, and place of each meeting.
Members of the council shall serve without compensation, but shall be reimbursed for necessary expenses.
(B) The child care advisory council shall advise the director on matters affecting the licensing of centers, type A homes, and type B homes and the certification of in-home aides. The council shall make an annual report to the director of job and family services that addresses the availability, affordability, accessibility, and quality of child care and that summarizes the recommendations and plans of action that the council has proposed to the director during the preceding fiscal year. The director of job and family services shall provide copies of the report to the governor, speaker and minority leader of the house of representatives, and the president and minority leader of the senate and, on request, shall make copies available to the public.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Sec. 5104.29. (A) As used in this section, "early learning and development program" has the same meaning as "licensed child care program" as defined in section 5104.01 of the Revised Code.
(B) There is hereby created in the department of job and family services the step up to quality program, under which the department of job and family services, in cooperation with the department of education and workforce, shall develop a tiered quality rating and improvement system for all early learning and development programs in this state. The step up to quality program shall include all of the following components:
(1) Quality program standards for early learning and development programs;
(2) Accountability measures that include tiered ratings representing each program's level of quality;
(3) Program and provider outreach and support to help programs meet higher standards and promote participation in the step up to quality program;
(4) Financial incentives for early learning and development programs that provide publicly funded child care and are linked to achieving and maintaining quality standards;
(5) Parent and consumer education to help parents learn about program quality and ratings so they can make informed choices on behalf of their children.
(C) The step up to quality program shall have the following goals:
(1) Increasing the number of low-income children, special needs children, and children with limited English proficiency participating in quality early learning and development programs;
(2) Providing families with an easy-to-use tool for evaluating the quality of early learning and development programs;
(3) Recognizing and supporting early learning and development programs that achieve higher levels of quality;
(4) Providing incentives and supports to help early learning and development programs implement continuous quality improvement systems.
(D) Under the step up to quality program, participating early learning and development programs may be eligible for grants, technical assistance, training, and other assistance. Programs that maintain a quality rating may be eligible for unrestricted monetary awards.
(E) The tiered ratings developed pursuant to this section shall be based on an early learning and development program's performance in meeting program standards in the following four domains:
(1) Learning and development;
(2) Administration and leadership practices;
(3) Staff quality and professional development;
(4) Family and community partnerships.
(F)
The director of job and family services, in collaboration with the
superintendent
of public instructiondirector
of education and workforce,
shall adopt rules in accordance with Chapter 119. of the Revised Code
to implement the step up to quality program described in this
section..
Sec. 5104.30. (A) The department of job and family services is hereby designated as the state agency responsible for administration and coordination of federal and state funding for publicly funded child care in this state. Publicly funded child care shall be provided to the following:
(1) Recipients of transitional child care as provided under section 5104.34 of the Revised Code;
(2) Participants in the Ohio works first program established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works first program if not for a sanction under section 5107.16 of the Revised Code and who continue to participate in a work activity, developmental activity, or alternative work activity pursuant to an assignment under section 5107.42 of the Revised Code;
(4) A family receiving publicly funded child care on October 1, 1997, until the family's income reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals determined eligible in accordance with rules adopted under section 5104.38 of the Revised Code.
The department shall apply to the United States department of health and human services for authority to operate a coordinated program for publicly funded child care, if the director of job and family services determines that the application is necessary. For purposes of this section, the department of job and family services may enter into agreements with other state agencies that are involved in regulation or funding of child care. The department shall consider the special needs of migrant workers when it administers and coordinates publicly funded child care and shall develop appropriate procedures for accommodating the needs of migrant workers for publicly funded child care.
(B) The department of job and family services shall distribute state and federal funds for publicly funded child care, including appropriations of state funds for publicly funded child care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The department may use any state funds appropriated for publicly funded child care as the state share required to match any federal funds appropriated for publicly funded child care.
(C) In the use of federal funds available under the child care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to prepare any rules required under this chapter and to administer and coordinate federal and state funding for publicly funded child care.
(2) Not more than five per cent of the aggregate amount of the federal funds received for a fiscal year may be expended for administrative costs.
(3) The department shall allocate and use at least four per cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer education to parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral services, designed to improve the quality, and increase the supply, of child care;
(d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code.
(4) The department shall ensure that the federal funds will be used only to supplement, and will not be used to supplant, federal, state, and local funds available on the effective date of the child care block grant act for publicly funded child care and related programs. If authorized by rules adopted by the department pursuant to section 5104.42 of the Revised Code, county departments of job and family services may purchase child care from funds obtained through any other means.
(D) The department shall encourage the development of suitable child care throughout the state, especially in areas with high concentrations of recipients of public assistance and families with low incomes. The department shall encourage the development of suitable child care designed to accommodate the special needs of migrant workers. On request, the department, through its employees or contracts with state or community child care resource and referral service organizations, shall provide consultation to groups and individuals interested in developing child care. The department of job and family services may enter into interagency agreements with the department of education and workforce, the chancellor of higher education, the department of development, and other state agencies and entities whenever the cooperative efforts of the other state agencies and entities are necessary for the department of job and family services to fulfill its duties and responsibilities under this chapter.
The department shall develop and maintain a registry of persons providing child care. The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing both of the following:
(a) Reimbursement rates for providers of publicly funded child care not later than the first day of July in each odd-numbered year;
(b) A procedure for reimbursing and paying providers of publicly funded child care.
(2) In establishing reimbursement rates under division (E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained in accordance with 45 C.F.R. 98.45;
(b) Establish an enhanced reimbursement rate for providers who provide child care for caretaker parents who work nontraditional hours;
(c) With regard to the step up to quality program established pursuant to section 5104.29 of the Revised Code, establish enhanced reimbursement rates for child day-care providers that participate in the program.
(3) In establishing reimbursement rates under division (E)(1)(a) of this section, the director may establish different reimbursement rates based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
Sec. 5107.281. A participant of Ohio works first who is enrolled in a school district in a county that is participating in the learnfare program and is not younger than age six but not older than age nineteen shall participate in the learnfare program unless one of the following is the case:
(A) The participant is not yet eligible for enrollment in first grade;
(B) The participant is subject to the LEAP program;
(C) The participant has received one of the following:
(1) A high school diploma;
(2) A certificate stating that the participant has achieved the equivalent of a high school education as measured by scores obtained on a high school equivalency test approved by the department of education and workforce pursuant to division (B) of section 3301.80 of the Revised Code.
(D) The participant has been excused from school attendance pursuant to section 3321.04 or 3321.042 of the Revised Code;
(E) If child care services for a member of the participant's household are necessary for the participant to attend school, child care licensed or certified under Chapter 5104. of the Revised Code or under sections 3301.52 to 3301.59 of the Revised Code and transportation to and from the child care are not available;
(F) The participant has been adjudicated a delinquent or unruly child pursuant to section 2151.28 of the Revised Code.
Sec. 5107.287. The county department of job and family services shall establish policies defining "good cause for being absent from school" and specifying what constitutes a day of attendance for purposes of the learnfare program's school attendance requirement.
Not
later than the fifteenth day of each month of a school year or
another time agreed to by the county department of job and family
services and state
board department
of
education
and
workforce
but
not later than the thirtieth day of each month, each attendance
officer or assistant appointed under section 3321.14 or 3321.15 of
the Revised Code who oversees the attendance of students enrolled in
the school districts of a county that is participating in the
learnfare program shall report to the county department of job and
family services the previous month's school attendance record of each
participating student. The report shall specify which if any of the
participating student's absences are excused because the absence
meets the definition of "good cause for being absent from
school." No absence for which there is good cause shall be
considered in determining whether a participating student has
complied with the learnfare program's school attendance requirement.
Sec. 5107.40. As used in sections 5107.40 to 5107.69 of the Revised Code:
(A) "Alternative work activity" means an activity designed to promote self sufficiency and personal responsibility established by a county department of job and family services under section 5107.64 of the Revised Code.
(B) "Developmental activity" means an activity designed to promote self sufficiency and personal responsibility established by a county department of job and family services under section 5107.62 of the Revised Code.
(C) "Certificate of high school equivalence" means a certificate attesting to achievement of the equivalent of a high school education as measured by scores obtained on a high school equivalency test approved by the department of education and workforce pursuant to division (B) of section 3301.80 of the Revised Code. "Certificate of high school equivalence" includes a certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development.
(D) "Work activity" means the following:
(1) Unsubsidized employment activities established under section 5107.60 of the Revised Code;
(2) The subsidized employment program established under section 5107.52 of the Revised Code;
(3) The work experience program established under section 5107.54 of the Revised Code;
(4) On-the-job training activities established under section 5107.60 of the Revised Code;
(5) The job search and readiness program established under section 5107.50 of the Revised Code;
(6) Community service activities established under section 5107.60 of the Revised Code;
(7) Vocational educational training activities established under section 5107.60 of the Revised Code;
(8) Jobs skills training activities established under section 5107.60 of the Revised Code that are directly related to employment;
(9) Education activities established under section 5107.60 of the Revised Code that are directly related to employment for participants of Ohio works first who have not earned a high school diploma or certificate of high school equivalence;
(10) Education activities established under section 5107.60 of the Revised Code for participants of Ohio works first who have not completed secondary school or received a certificate of high school equivalence under which the participants attend a secondary school or a course of study leading to a certificate of high school equivalence;
(11) Child-care service activities, including training, established under section 5107.60 of the Revised Code to aid another participant of Ohio works first assigned to a community service activity or other work activity;
(12) The education program established under section 5107.58 of the Revised Code that are operated pursuant to a federal waiver granted by the United States secretary of health and human services pursuant to a request made under former section 5101.09 of the Revised Code;
(13) To the extent provided by division (C) of section 5107.30 of the Revised Code, the LEAP program established under that section.
Sec. 5107.62. County departments of job and family services shall establish and administer developmental activities for minor heads of households and adults participating in Ohio works first. In establishing developmental activities, county departments are not limited by the restrictions that Title IV-A imposes on work activities. Developmental activities may be identical or similar to, or different from, work activities and alternative work activities.
In
accordance with a federal waiver granted by the United States
secretary of health and human services pursuant to a request made
under former section 5101.09 of the Revised Code, a county department
may establish and administer a developmental activity under which a
minor head of household or adult attends a school, special education
program, or adult high school continuation program that conforms to
the minimum standards prescribed by the state
board director
of
education
and
workforce
or
instructional courses designed to prepare the minor head of household
or adult to earn a certificate of high school equivalence. Pursuant
to the waiver, a minor head of household or adult assigned to this
developmental activity is required to earn a high school diploma,
adult education diploma, or certificate of high school equivalence
not later than two years after the date the minor head of household
or adult is placed in the activity.
Sec. 5120.031. (A) As used in this section:
(1) "Certificate of high school equivalence" means either:
(a) A statement that is issued by the department of education and workforce that indicates that its holder has achieved the equivalent of a high school education as measured by scores obtained on a high school equivalency test approved by the department of education and workforce pursuant to division (B) of section 3301.80 of the Revised Code;
(b) A statement that is issued by a primary-secondary education or higher education agency of another state that indicates that its holder has achieved the equivalent of a high school education as measured by scores obtained on a similar nationally recognized high school equivalency test.
(2)
"Certificate of adult basic education" means a statement
that is issued by the department of rehabilitation and correction
through the Ohio central school system approved by the state
board department
of
education
and
workforce
and
that indicates that its holder has achieved a 6.0 grade level, or
higher, as measured by scores of nationally standardized or
recognized tests.
(3) "Deadly weapon" and "firearm" have the same meanings as in section 2923.11 of the Revised Code.
(4) "Eligible offender" means a person, other than one who is ineligible to participate in an intensive program prison under the criteria specified in section 5120.032 of the Revised Code, who has been convicted of or pleaded guilty to, and has been sentenced for, a felony.
(5) "Shock incarceration" means the program of incarceration that is established pursuant to the rules of the department of rehabilitation and correction adopted under this section.
(B)(1) The director of rehabilitation and correction, by rules adopted under Chapter 119. of the Revised Code, shall establish a pilot program of shock incarceration that may be used for offenders who are sentenced to serve a term of imprisonment under the custody of the department of rehabilitation and correction, whom the department determines to be eligible offenders, and whom the department, subject to the approval of the sentencing judge, may permit to serve their sentence as a sentence of shock incarceration in accordance with this section.
(2) The rules for the pilot program shall require that the program be established at an appropriate state correctional institution designated by the director and that the program consist of both of the following for each eligible offender whom the department, with the approval of the sentencing judge, permits to serve the eligible offender's sentence as a sentence of shock incarceration:
(a) A period of imprisonment at that institution of ninety days that shall consist of a military style combination of discipline, physical training, and hard labor and substance abuse education, employment skills training, social skills training, and psychological treatment. During the ninety-day period, the department may permit an eligible offender to participate in a self-help program. Additionally, during the ninety-day period, an eligible offender who holds a high school diploma or a certificate of high school equivalence may be permitted to tutor other eligible offenders in the shock incarceration program. If an eligible offender does not hold a high school diploma or certificate of high school equivalence, the eligible offender may elect to participate in an education program that is designed to award a certificate of adult basic education or an education program that is designed to award a certificate of high school equivalence to those eligible offenders who successfully complete the education program, whether the completion occurs during or subsequent to the ninety-day period. To the extent possible, the department shall use as teachers in the education program persons who have been issued a license pursuant to sections 3319.22 to 3319.31 of the Revised Code, who have volunteered their services to the education program, and who satisfy any other criteria specified in the rules for the pilot project.
(b) Immediately following the ninety-day period of imprisonment, and notwithstanding any other provision governing the early release of a prisoner from imprisonment or the transfer of a prisoner to transitional control, one of the following, as determined by the director:
(i) An intermediate, transitional type of detention for the period of time determined by the director and, immediately following the intermediate, transitional type of detention, a release under a post-release control sanction imposed in accordance with section 2967.28 of the Revised Code. The period of intermediate, transitional type of detention imposed by the director under this division may be in a halfway house, in a community-based correctional facility and program or district community-based correctional facility and program established under sections 2301.51 to 2301.58 of the Revised Code, or in any other facility approved by the director that provides for detention to serve as a transition between imprisonment in a state correctional institution and release from imprisonment.
(ii) A release under a post-release control sanction imposed in accordance with section 2967.28 of the Revised Code.
(3) The rules for the pilot program also shall include, but are not limited to, all of the following:
(a) Rules identifying the locations within the state correctional institution designated by the director that will be used for eligible offenders serving a sentence of shock incarceration;
(b) Rules establishing specific schedules of discipline, physical training, and hard labor for eligible offenders serving a sentence of shock incarceration, based upon the offender's physical condition and needs;
(c) Rules establishing standards and criteria for the department to use in determining which eligible offenders the department will permit to serve their sentence of imprisonment as a sentence of shock incarceration;
(d) Rules establishing guidelines for the selection of post-release control sanctions for eligible offenders;
(e) Rules establishing procedures for notifying sentencing courts of the performance of eligible offenders serving their sentences of imprisonment as a sentence of shock incarceration;
(f) Any other rules that are necessary for the proper conduct of the pilot program.
(C)(1) If an offender is sentenced to a term of imprisonment under the custody of the department, if the sentencing court either recommends the offender for placement in a program of shock incarceration under this section or makes no recommendation on placement of the offender, and if the department determines that the offender is an eligible offender for placement in a program of shock incarceration under this section, the department may permit the eligible offender to serve the sentence in a program of shock incarceration, in accordance with division (I) of section 2929.14 of the Revised Code, with this section, and with the rules adopted under this section. If the sentencing court disapproves placement of the offender in a program of shock incarceration, the department shall not place the offender in any program of shock incarceration.
If the sentencing court recommends the offender for placement in a program of shock incarceration and if the department subsequently places the offender in the recommended program, the department shall notify the court of the offender's placement in the recommended program and shall include with the notice a brief description of the placement.
If the sentencing court recommends placement of the offender in a program of shock incarceration and the department for any reason does not subsequently place the offender in the recommended program, the department shall send a notice to the court indicating why the offender was not placed in the recommended program.
If the sentencing court does not make a recommendation on the placement of an offender in a program of shock incarceration and if the department determines that the offender is an eligible offender for placement in a program of that nature, the department shall screen the offender and determine if the offender is suited for the program of shock incarceration. If the offender is suited for the program of shock incarceration, at least three weeks prior to permitting an eligible offender to serve the sentence in a program of shock incarceration, the department shall notify the sentencing court of the proposed placement of the offender in the program and shall include with the notice a brief description of the placement. The court shall have ten days from receipt of the notice to disapprove the placement. If the sentencing court disapproves of the placement, the department shall not permit the eligible offender to serve the sentence in a program of shock incarceration. If the judge does not timely disapprove of placement of the offender in the program of shock incarceration, the department may proceed with plans for placement of the offender.
If the department determines that the offender is not eligible for placement in a program of shock incarceration, the department shall not place the offender in any program of shock incarceration.
(2) If the department permits an eligible offender to serve the eligible offender's sentence of imprisonment as a sentence of shock incarceration and the eligible offender does not satisfactorily complete the entire period of imprisonment described in division (B)(2)(a) of this section, the offender shall be removed from the pilot program for shock incarceration and shall be required to serve the remainder of the offender's sentence of imprisonment imposed by the sentencing court as a regular term of imprisonment. If the eligible offender commences a period of post-release control described in division (B)(2)(b) of this section and violates the conditions of that post-release control, the eligible offender shall be subject to the provisions of sections 2929.141, 2967.15, and 2967.28 of the Revised Code regarding violation of post-release control sanctions.
(3) If an eligible offender's stated prison term expires at any time during the eligible offender's participation in the shock incarceration program, the adult parole authority shall terminate the eligible offender's participation in the program and shall issue to the eligible offender a certificate of expiration of the stated prison term.
(D) The director shall keep sentencing courts informed of the performance of eligible offenders serving their sentences of imprisonment as a sentence of shock incarceration, including, but not limited to, notice of eligible offenders who fail to satisfactorily complete their entire sentence of shock incarceration or who satisfactorily complete their entire sentence of shock incarceration.
(E) Within a reasonable period of time after November 20, 1990, the director shall appoint a committee to search for one or more suitable sites at which one or more programs of shock incarceration, in addition to the pilot program required by division (B)(1) of this section, may be established. The search committee shall consist of the director or the director's designee, as chairperson; employees of the department of rehabilitation and correction appointed by the director; and any other persons that the director, in the director's discretion, appoints. In searching for such sites, the search committee shall give preference to any site owned by the state or any other governmental entity and to any existing structure that reasonably could be renovated, enlarged, converted, or remodeled for purposes of establishing such a program. The search committee shall prepare a report concerning its activities and, on the earlier of the day that is twelve months after the first day on which an eligible offender began serving a sentence of shock incarceration under the pilot program or January 1, 1992, shall file the report with the president and the minority leader of the senate, the speaker and the minority leader of the house of representatives, the members of the senate who were members of the senate judiciary committee in the 118th general assembly or their successors, and the members of the house of representatives who were members of the select committee to hear drug legislation that was established in the 118th general assembly or their successors. Upon the filing of the report, the search committee shall terminate. The report required by this division shall contain all of the following:
(1) A summary of the process used by the search committee in performing its duties under this division;
(2) A summary of all of the sites reviewed by the search committee in performing its duties under this division, and the benefits and disadvantages it found relative to the establishment of a program of shock incarceration at each such site;
(3) The findings and recommendations of the search committee as to the suitable site or sites, if any, at which a program of shock incarceration, in addition to the pilot program required by division (B)(1) of this section, may be established.
(F) The director periodically shall review the pilot program for shock incarceration required to be established by division (B)(1) of this section. The director shall prepare a report relative to the pilot program and, on the earlier of the day that is twelve months after the first day on which an eligible offender began serving a sentence of shock incarceration under the pilot program or January 1, 1992, shall file the report with the president and the minority leader of the senate, the speaker and the minority leader of the house of representatives, the members of the senate who were members of the senate judiciary committee in the 118th general assembly or their successors, and the members of the house of representatives who were members of the select committee to hear drug legislation that was established in the 118th general assembly or their successors. The pilot program shall not terminate at the time of the filing of the report, but shall continue in operation in accordance with this section. The report required by this division shall include all of the following:
(1) A summary of the pilot program as initially established, a summary of all changes in the pilot program made during the period covered by the report and the reasons for the changes, and a summary of the pilot program as it exists on the date of preparation of the report;
(2) A summary of the effectiveness of the pilot program, in the opinion of the director and employees of the department involved in its operation;
(3) An analysis of the total cost of the pilot program, of its cost per inmate who was permitted to serve a sentence of shock incarceration and who served the entire sentence of shock incarceration, and of its cost per inmate who was permitted to serve a sentence of shock incarceration;
(4) A summary of the standards and criteria used by the department in determining which eligible offenders were permitted to serve their sentence of imprisonment as a sentence of shock incarceration;
(5) A summary of the characteristics of the eligible offenders who were permitted to serve their sentence of imprisonment as a sentence of shock incarceration, which summary shall include, but not be limited to, a listing of every offense of which any such eligible offender was convicted or to which any such eligible offender pleaded guilty and in relation to which the eligible offender served a sentence of shock incarceration, and the total number of such eligible offenders who were convicted of or pleaded guilty to each such offense;
(6) A listing of the number of eligible offenders who were permitted to serve a sentence of shock incarceration and who did not serve the entire sentence of shock incarceration, and, to the extent possible, a summary of the length of the terms of imprisonment served by such eligible offenders after they were removed from the pilot program;
(7) A summary of the effect of the pilot program on overcrowding at state correctional institutions;
(8) To the extent possible, an analysis of the rate of recidivism of eligible offenders who were permitted to serve a sentence of shock incarceration and who served the entire sentence of shock incarceration;
(9) Recommendations as to legislative changes to the pilot program that would assist in its operation or that could further alleviate overcrowding at state correctional institutions, and recommendations as to whether the pilot program should be expanded.
Sec. 5120.07. (A) There is hereby created the ex-offender reentry coalition consisting of the following twenty-one members or their designees:
(1) The director of rehabilitation and correction;
(2) The director of aging;
(3) The director of mental health and addiction services;
(4) The director of development services;
(5)
The superintendent
of public instructiondirector
of education and workforce;
(6) The director of health;
(7) The director of job and family services;
(8) The director of developmental disabilities;
(9) The director of public safety;
(10) The director of youth services;
(11)
The chancellor of higher
educationthe
Ohio board of regents;
(12) A representative or member of the governor's staff;
(13) The executive director of the opportunities for Ohioans with disabilities agency;
(14) The director of the department of commerce;
(15) The executive director of a health care licensing board created under Title XLVII of the Revised Code, as appointed by the chairperson of the coalition;
(16) The director of veterans services;
(17) An ex-offender appointed by the director of rehabilitation and correction;
(18) Two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be the chairperson of the standing committee in the house of representatives that primarily addresses criminal justice matters and the other of whom shall be a member of the minority party in the house of representatives;
(19) Two members of the senate appointed by the president of the senate, one of whom shall be the chairperson of the standing committee in the senate that primarily addresses criminal justice matters and the other of whom shall be a member of the minority party in the senate.
(B) The members of the coalition shall serve without compensation. The director of rehabilitation and correction or the director's designee shall be the chairperson of the coalition.
(C) In consultation with persons interested and involved in the reentry of ex-offenders into the community, the members of the coalition shall meet periodically for the purpose of formulating, discussing, and developing policies and practices that facilitate the expansion and improvement of reentry services provided by state and local agencies in the collaborative efforts of those agencies to reintegrate offenders into society while simultaneously maintaining public safety and reducing recidivism in this state. Not later than one year after April 7, 2009, and on or before the same date of each year thereafter, the coalition shall submit to the speaker of the house of representatives and the president of the senate a report, including recommendations for legislative action, the activities of the coalition, and the barriers affecting the successful reentry of ex-offenders into the community. The report shall analyze the effects of those barriers on ex-offenders and on their children and other family members in various areas, including but not limited to, the following:
(1) Admission to public and other housing;
(2) Child support obligations and procedures;
(3) Parental incarceration and family reunification;
(4) Social security benefits, veterans' benefits, food stamps, and other forms of public assistance;
(5) Employment;
(6) Education programs and financial assistance;
(7) Substance abuse and sex offender treatment programs and financial assistance and mental health services and financial assistance;
(8) Civic and political participation;
(9) Other collateral consequences under the Revised Code or the Ohio administrative code law that may result from a criminal conviction.
(D)(1) The report shall also include the following information:
(a) Identification of state appropriations for reentry programs;
(b) Identification of other funding sources for reentry programs that are not funded by the state.
(2) The coalition shall gather information about reentry programs in a repository maintained and made available by the coalition. Where available, the information shall include the following:
(a) The amount of funding received;
(b) The number of program participants;
(c) The composition of the program, including program goals, methods for measuring success, and program success rate;
(d) The type of post-program tracking that is utilized;
(e) Information about employment rates and recidivism rates of ex-offenders.
Sec. 5120.091. There is hereby created in the state treasury the education services fund. The department of rehabilitation and correction shall deposit into the fund all state revenues it receives from the Ohio department of education and workforce. Any money in the fund shall solely be used to pay educational expenses incurred by the department.
Sec. 5123.022. (A) As used in this section:
(1) "Community employment" means competitive employment that takes place in an integrated setting.
(2) "Competitive employment" means full-time or part-time work in the competitive labor market in which payment is at or above the minimum wage but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons who are not disabled.
(3) "Integrated setting" means a setting typically found in the community where individuals with developmental disabilities interact with individuals who do not have disabilities to the same extent that individuals in comparable positions who are not disabled interact with other individuals, including in employment settings in which employees interact with the community through technology.
(B) It is hereby declared to be the policy of this state that employment services for individuals with developmental disabilities be directed at community employment. Every individual with a developmental disability is presumed capable of community employment.
The departments of developmental disabilities, education and workforce, medicaid, job and family services, and mental health and addiction services; the opportunities for Ohioans with disabilities agency; and each other state agency that provides employment services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever employment services are provided to individuals with developmental disabilities.
The department of developmental disabilities shall coordinate the actions taken by state agencies to comply with the state's policy. Agencies shall collaborate within their divisions and with each other to ensure that state programs, policies, procedures, and funding support competitive and integrated employment of individuals with developmental disabilities. State agencies shall share information with the department, and the department shall track progress toward full implementation of the policy. The department, in coordination with any task force established by the governor, shall compile data and annually submit to the governor a report on implementation of the policy.
The department and state agencies may adopt rules to implement the state's policy.
(C) The state's policy articulated in this section is intended to promote the right of each individual with a developmental disability to informed choice; however, nothing in this section requires any employer to give preference in hiring to an individual because the individual has a disability.
Sec. 5123.023. (A) The director of developmental disabilities shall establish an employment first task force consisting of the departments of developmental disabilities, education and workforce, medicaid, job and family services, and mental health and addiction services; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code.
(B) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreements may specify either or both of the following:
(1) The roles and responsibilities of the government entities that are members of the task force, including any money to be contributed by those entities;
(2) The projects and activities of the task force.
(C) There is hereby created in the state treasury the employment first taskforce fund. Any money received by the task force from its members shall be credited to the fund. The department of developmental disabilities shall use the fund to support the work of the task force.
Sec. 5123.025. It is hereby declared to be the policy of this state that individuals with developmental disabilities shall have access to innovative technology solutions. Technology can ensure that people with developmental disabilities have increased opportunities to live, work, and thrive in their homes, communities, and places of employment through state of the art planning, innovative technology, and supports that focus on their talents, interests, and skills.
The departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, and transportation; the opportunities for Ohioans with disabilities agency; and each other state agency that provides technology services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever technology services are provided to individuals with developmental disabilities.
The department of developmental disabilities, in partnership with the office of innovateohio, shall coordinate the actions taken by state agencies to comply with the state's policy. Agencies shall collaborate within their divisions and with each other to ensure that state programs, policies, procedures, and funding support the development of access to technology for individuals with developmental disabilities. State agencies shall share information with the department, and the department shall track progress toward full implementation of the policy. The department, in coordination with the technology first task force established under section 5123.026 of Revised Code, shall compile data and annually submit to the governor and lieutenant governor a report on implementation of the policy.
The department and state agencies may adopt rules to implement the state's policy.
Sec. 5123.026. (A) The director of developmental disabilities shall establish a technology first task force consisting of representatives from the office of innovateohio; the departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, and transportation; and the opportunities for Ohioans with disabilities agency.
(B) The task force shall do all of the following:
(1) Expand innovative technology solutions within the operation and delivery of services to individuals with developmental disabilities;
(2) Use technology to reduce the barriers individuals with developmental disabilities experience;
(3) Align policies for all state agencies on the task force.
(C) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreements may specify either or both of the following:
(1) The roles and responsibilities of the government entities that are members of the task force, including any money to be contributed by those entities;
(2) The projects and activities of the task force.
(D) The department and state agencies may adopt rules to implement the task force.
Sec. 5123.0423. As used in this section, "school district of residence" has the same meaning as in section 3323.01 of the Revised Code.
The director of developmental disabilities shall request a student data verification code from the independent contractor engaged by the department of education and workforce to create and maintain such codes for school districts and community schools under division (D)(2) of section 3301.0714 of the Revised Code for each child who is receiving services from the state's part C early intervention services program. The director shall request from the parent, guardian, or custodian of the child, or from any other person who is authorized by law to make decisions regarding the child's education, the name and address of the child's school district of residence. The director shall submit the data verification code for that child to the child's school district of residence at the time the child ceases to receive services from the part C early intervention services program.
The director and each school district that receives a data verification code under this section shall not release that code to any person except as provided by law. Any document that the director holds in the director's files that contains both a child's name or other personally identifiable information and the child's data verification code is not a public record under section 149.43 of the Revised Code.
Sec. 5126.04. (A) Each county board of developmental disabilities shall plan and set priorities based on available resources for the provision of facilities, programs, and other services to meet the needs of county residents who are individuals with developmental disabilities, former residents of the county residing in state institutions or, before September 29, 2011, placed under purchase of service agreements under section 5123.18 of the Revised Code, and children subject to a determination made pursuant to section 121.38 of the Revised Code.
Each county board shall assess the facility and service needs of the individuals with developmental disabilities who are residents of the county or former residents of the county residing in state institutions or, before September 29, 2011, placed under purchase of service agreements under section 5123.18 of the Revised Code.
Each county board shall require individual habilitation or service plans for individuals with developmental disabilities who are being served or who have been determined eligible for services and are awaiting the provision of services. Each board shall ensure that methods of having their service needs evaluated are available.
(B)(1) If a foster child is in need of assessment for eligible services or is receiving services from a county board of developmental disabilities and that child is placed in a different county, the agency that placed the child, immediately upon placement, shall inform the county board in the new county all of the following:
(a) That a foster child has been placed in that county;
(b) The name and other identifying information of the foster child;
(c) The name of the foster child's previous county of residence;
(d) That the foster child was in need of assessment for eligible services or was receiving services from the county board of developmental disabilities in the previous county.
(2) Upon receiving the notice described in division (B)(1) of this section or otherwise learning that the child was in need of assessment for eligible services or was receiving services from a county board of developmental disabilities in the previous county, the county board in the new county shall communicate with the county board of the previous county to determine how services for the foster child shall be provided in accordance with each board's plan and priorities as described in division (A) of this section.
If the two county boards are unable to reach an agreement within ten days of the child's placement, the county board in the new county shall send notice to the Ohio department of developmental disabilities of the failure to agree. The department shall decide how services shall be provided for the foster child within ten days of receiving notice that the county boards could not reach an agreement. The department may decide that one, or both, of the county boards shall provide services. The services shall be provided in accordance with the board's plan and priorities as described in division (A) of this section.
(C) The department of developmental disabilities may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. To the extent that rules adopted under this section apply to the identification and placement of children with disabilities under Chapter 3323. of the Revised Code, the rules shall be consistent with the standards and procedures established under sections 3323.03 to 3323.05 of the Revised Code.
(D) The responsibility or authority of a county board to provide services under this chapter does not affect the responsibility of any other entity of state or local government to provide services to individuals with developmental disabilities.
(E)
On or before the first day of February prior to a school year, a
county board of developmental disabilities may elect not to
participate during that school year in the provision of or
contracting for educational services for children ages six through
twenty-one years of age, provided that on or before that date the
board gives notice of this election to the superintendent
of public instructiondirector
of education and workforce,
each school district in the county, and the educational service
center serving the county. If a board makes this election, it shall
not have any responsibility for or authority to provide educational
services that school year for children ages six through twenty-one
years of age. If a board does not make an election for a school year
in accordance with this division, the board shall be deemed to have
elected to participate during that school year in the provision of or
contracting for educational services for children ages six through
twenty-one years of age.
(F)
If a county board of developmental disabilities elects to provide
educational services during a school year to individuals six through
twenty-one years of age who have multiple disabilities, the board may
provide these services to individuals who are appropriately
identified and determined eligible pursuant to Chapter 3323. of the
Revised Code, and in accordance with applicable rules of the state
board department
of
education
and
workforce.
The county board may also provide related services to individuals six
through twenty-one years of age who have one or more disabling
conditions, in accordance with section 3317.20 and Chapter 3323. of
the Revised Code and applicable rules of the state
board department
of
education
and
workforce.
Sec.
5126.05. (A)
Subject to the rules established by the director of developmental
disabilities pursuant to Chapter 119. of the Revised Code for
programs and services offered pursuant to this chapter, and subject
to the rules established by the state
board department
of
education
and
workforce
pursuant
to Chapter 119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board of
developmental disabilities shall:
(1) Administer and operate facilities, programs, and services as provided by this chapter and Chapter 3323. of the Revised Code and establish policies for their administration and operation;
(2) Coordinate, monitor, and evaluate existing services and facilities available to individuals with developmental disabilities;
(3) Provide early childhood services, supportive home services, and adult services, according to the plan and priorities developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education services pursuant to Chapters 3317. and 3323. of the Revised Code and ensure that related services, as defined in section 3323.01 of the Revised Code, are available according to the plan and priorities developed under section 5126.04 of the Revised Code;
(5) Adopt a budget, authorize expenditures for the purposes specified in this chapter and do so in accordance with section 319.16 of the Revised Code, approve attendance of board members and employees at professional meetings and approve expenditures for attendance, and exercise such powers and duties as are prescribed by the director of developmental disabilities;
(6)
Submit annual reports of its work and expenditures, pursuant to
sections 3323.09 and 5126.131 of the Revised Code, to the director
of
developmental disabilities,
the superintendent
of public instructiondirector
of education and workforce,
and the board of county commissioners at the close of the fiscal year
and at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish compensation, including but not limited to salary schedules and fringe benefits for all board employees, approve contracts of employment for management employees that are for a term of more than one year, employ legal counsel under section 309.10 of the Revised Code, and contract for employee benefits. A county board may provide benefits through an individual or joint self-insurance program as provided under section 9.833 of the Revised Code.
(8) Provide service and support administration in accordance with section 5126.15 of the Revised Code;
(9) Certify respite care homes pursuant to rules adopted under section 5123.171 of the Revised Code by the director of developmental disabilities;
(10) Implement an employment first policy that clearly identifies community employment as the desired outcome for every individual of working age who receives services from the board;
(11) Set benchmarks for improving community employment outcomes.
(B) To the extent that rules adopted under this section apply to the identification and placement of children with disabilities under Chapter 3323. of the Revised Code, they shall be consistent with the standards and procedures established under sections 3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other such boards and with public or private, nonprofit, or profit-making agencies or organizations of the same or another county, to provide the facilities, programs, and services authorized or required, upon such terms as may be agreeable, and in accordance with this chapter and Chapter 3323. of the Revised Code and rules adopted thereunder and in accordance with sections 307.86 and 5126.071 of the Revised Code.
(D) A county board may combine transportation for children and adults enrolled in programs and services offered under Chapter 5126. of the Revised Code with transportation for children enrolled in classes funded under sections 3317.0213 and 3317.20 of the Revised Code.
(E) A county board may purchase all necessary insurance policies, may purchase equipment and supplies through the department of administrative services or from other sources, and may enter into agreements with public agencies or nonprofit organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or bequest any moneys, lands, or property for the benefit of the purposes for which the board is established and hold, apply, and dispose of the moneys, lands, and property according to the terms of the gift, grant, devise, or bequest. All money received by gift, grant, bequest, or disposition of lands or property received by gift, grant, devise, or bequest shall be deposited in the county treasury to the credit of such board and shall be available for use by the board for purposes determined or stated by the donor or grantor, but may not be used for personal expenses of the board members. Any interest or earnings accruing from such gift, grant, devise, or bequest shall be treated in the same manner and subject to the same provisions as such gift, grant, devise, or bequest.
(G) The board of county commissioners shall levy taxes and make appropriations sufficient to enable the county board of developmental disabilities to perform its functions and duties, and may utilize any available local, state, and federal funds for such purpose.
Sec.
5126.23. (A)
As used in this section, "employee" means a management
employee or superintendent of a county board of
developmental
disabilities.
(B) An employee may be removed, suspended, or demoted in accordance with this section for violation of written rules set forth by the board or for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or other acts of misfeasance, malfeasance, or nonfeasance.
(C) Prior to the removal, suspension, or demotion of an employee pursuant to this section, the employee shall be notified in writing of the charges against the employee. Except as otherwise provided in division (H) of this section, not later than thirty days after receiving such notification, a predisciplinary conference shall be held to provide the employee an opportunity to refute the charges against the employee. At least seventy-two hours prior to the conference, the employee shall be given a copy of the charges against the employee.
If the removal, suspension, or demotion action is directed against a management employee, the conference shall be held by the superintendent or a person the superintendent designates, and the superintendent shall notify the management employee within fifteen days after the conference of the decision made with respect to the charges. If the removal, suspension, or demotion action is directed against a superintendent, the conference shall be held by the members of the board or their designees, and the board shall notify the superintendent within fifteen days after the conference of its decision with respect to the charges.
(D) Within fifteen days after receiving notification of the results of the predisciplinary conference, an employee may file with the board a written demand for a hearing before the board or before a referee, and the board shall set a time for the hearing which shall be within thirty days from the date of receipt of the written demand, and the board shall give the employee at least twenty days notice in writing of the time and place of the hearing.
(E) If a referee is demanded by an employee or a county board, the hearing shall be conducted by a referee selected in accordance with division (F) of this section; otherwise, it shall be conducted by a majority of the members of the board and shall be confined to the charges enumerated at the predisciplinary conference.
(F)
Referees for the hearings required by this section shall be selected
from the list of names compiled by the superintendent
of public instruction director
of education and workforce pursuant
to section 3319.161 of the Revised Code. Upon receipt of notice that
a referee has been demanded by an employee or a county board, the
superintendent
of public instruction director
shall
immediately designate three persons from such list, from whom the
referee for the hearing shall be chosen, and the superintendent
of public instruction director
shall
immediately notify the designees, the county board, and the employee.
If within five days of receipt of the notice, the county board and
employee are unable to agree upon one of the designees to serve as
referee, the superintendent
of public instruction director
shall
appoint one of the designees to serve as referee. The appointment of
the referee shall be entered in the minutes of the county board. The
referee appointed shall be paid the referee's usual and customary fee
for attending the hearing which shall be paid from the general fund
of the county board of developmental disabilities.
(G) The board shall provide for a complete stenographic record of the proceedings, and a copy of the record shall be furnished to the employee.
Both parties may be present at the hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the county board. If any person fails to comply with a subpoena, a judge of the court of common pleas of the county in which the person resides, upon application of any interested party, shall compel attendance of the person by attachment proceedings as for contempt. Any member of the board or the referee may administer oaths to witnesses. After a hearing by a referee, the referee shall file a report within ten days after the termination of the hearing. After consideration of the referee's report, the board, by a majority vote, may accept or reject the referee's recommendation. After a hearing by the board, the board, by majority vote, may enter its determination upon its minutes. If the decision, after hearing, is in favor of the employee, the charges and the record of the hearing shall be physically expunged from the minutes and, if the employee has suffered any loss of salary by reason of being suspended, the employee shall be paid the employee's full salary for the period of such suspension.
Any employee affected by a determination of the board under this division may appeal to the court of common pleas of the county in which the board is located within thirty days after receipt of notice of the entry of such determination. The appeal shall be an original action in the court and shall be commenced by the filing of a complaint against the board, in which complaint the facts shall be alleged upon which the employee relies for a reversal or modification of such determination. Upon service or waiver of summons in that appeal, the board immediately shall transmit to the clerk of the court for filing a transcript of the original papers filed with the board, a certified copy of the minutes of the board into which the determination was entered, and a certified transcript of all evidence adduced at the hearing or hearings before the board or a certified transcript of all evidence adduced at the hearing or hearings before the referee, whereupon the cause shall be at issue without further pleading and shall be advanced and heard without delay. The court shall examine the transcript and record of the hearing and shall hold such additional hearings as it considers advisable, at which it may consider other evidence in addition to the transcript and record.
Upon final hearing, the court shall grant or deny the relief prayed for in the complaint as may be proper in accordance with the evidence adduced in the hearing. Such an action is a special proceeding, and either the employee or the board may appeal from the decision of the court of common pleas pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
(H) Notwithstanding divisions (C) to (G) of this section, a county board and an employee may agree to submit issues regarding the employee's removal, suspension, or demotion to binding arbitration. The terms of the submission, including the method of selecting the arbitrator or arbitrators and the responsibility for compensating the arbitrator, shall be provided for in the arbitration agreement. The arbitrator shall be selected within fifteen days of the execution of the agreement. Chapter 2711. of the Revised Code governs the arbitration proceedings.
Sec. 5126.24. (A) As used in this section:
(1) "License" means an educator license issued by the state board of education under section 3319.22 of the Revised Code or a certificate issued by the department of developmental disabilities.
(2) "Teacher" means a person employed by a county board of developmental disabilities in a position that requires a license.
(3) "Nonteaching employee" means a person employed by a county board of developmental disabilities in a position that does not require a license.
(4) "Years of service" includes all service described in division (A) of section 3317.13 of the Revised Code.
(B) Subject to rules established by the director of developmental disabilities pursuant to Chapter 119. of the Revised Code, each county board of developmental disabilities shall annually adopt separate salary schedules for teachers and nonteaching employees.
(C) The teachers' salary schedule shall provide for increments based on training and years of service. The board may establish its own service requirements provided no teacher receives less than the salary the teacher would be paid under section 3317.13 of the Revised Code if the teacher were employed by a school district board of education and provided full credit for a minimum of five years of actual teaching and military experience as defined in division (A) of such section is given to each teacher.
Each teacher who has completed training that would qualify the teacher for a higher salary bracket pursuant to this section shall file by the fifteenth day of September with the fiscal officer of the board, satisfactory evidence of the completion of such additional training. The fiscal officer shall then immediately place the teacher, pursuant to this section, in the proper salary bracket in accordance with training and years of service. No teacher shall be paid less than the salary to which the teacher would be entitled under section 3317.13 of the Revised Code if the teacher were employed by a school district board of education.
The
superintendent of each county board, on or before the fifteenth day
of October of each year, shall certify to the state board of
education
and
the department of education and workforce
the
name of each teacher employed, on an annual salary, in each special
education program operated pursuant to section 3323.09 of the Revised
Code during the first full school week of October. The superintendent
further shall certify, for each teacher, the number of years of
training completed at a recognized college, the degrees earned from a
college recognized by the state
boarddepartment
of education and workforce,
the type of license held, the number of months employed by the board,
the annual salary, and other information that the state
boarddepartment
may
request.
(D) The nonteaching employees' salary schedule established by the board shall be based on training, experience, and qualifications with initial salaries no less than salaries in effect on July 1, 1985. Each board shall prepare and may amend from time to time, specifications descriptive of duties, responsibilities, requirements, and desirable qualifications of the classifications of employees required to perform the duties specified in the salary schedule. All nonteaching employees shall be notified of the position classification to which they are assigned and the salary for the classification. The compensation of all nonteaching employees working for a particular board shall be uniform for like positions except as compensation would be affected by salary increments based upon length of service.
On
the fifteenth day of October of each year the nonteaching employees'
salary schedule and list of job classifications and salaries in
effect on that date shall be filed by each board with the
superintendent of public instruction
and
the department.
If such salary schedule and classification plan is not filed, the
superintendent
of public instruction director
of education and workforce shall
order the board to file such schedule and list forthwith. If this
condition is not corrected within ten days after receipt of the order
from the superintendentdirector,
no money shall be distributed to the board under Chapter 3317. of the
Revised Code until the superintendent
director
has
satisfactory evidence of the board's full compliance with such order.
Sec. 5139.34. (A) Funds may be appropriated to the department of youth services for the purpose of granting state subsidies to counties. A county or the juvenile court that serves a county shall use state subsidies granted to the county pursuant to this section only in accordance with divisions (B)(2)(a) and (3)(a) of section 5139.43 of the Revised Code and the rules pertaining to the state subsidy funds that the department adopts pursuant to division (D) of section 5139.04 of the Revised Code. The department shall not grant financial assistance pursuant to this section for the provision of care and services for children in a placement facility unless the facility has been certified, licensed, or approved by a state or national agency with certification, licensure, or approval authority, including, but not limited to, the department of job and family services, department of education and workforce, department of mental health and addiction services, department of developmental disabilities, or American correctional association. For the purposes of this section, placement facilities do not include a state institution or a county or district children's home.
The department also shall not grant financial assistance pursuant to this section for the provision of care and services for children, including, but not limited to, care and services in a detention facility, in another facility, or in out-of-home placement, unless the minimum standards applicable to the care and services that the department prescribes in rules adopted pursuant to division (D) of section 5139.04 of the Revised Code have been satisfied.
(B) The department of youth services shall apply the following formula to determine the amount of the annual grant that each county is to receive pursuant to division (A) of this section, subject to the appropriation for this purpose to the department made by the general assembly:
(1) Each county shall receive a basic annual grant of fifty thousand dollars.
(2) The sum of the basic annual grants provided under division (B)(1) of this section shall be subtracted from the total amount of funds appropriated to the department of youth services for the purpose of making grants pursuant to division (A) of this section to determine the remaining portion of the funds appropriated. The remaining portion of the funds appropriated shall be distributed on a per capita basis to each county that has a population of more than twenty-five thousand for that portion of the population of the county that exceeds twenty-five thousand.
(C)(1) Prior to a county's receipt of an annual grant pursuant to this section, the juvenile court that serves the county shall prepare, submit, and file in accordance with division (B)(3)(a) of section 5139.43 of the Revised Code an annual grant agreement and application for funding that is for the combined purposes of, and that satisfies the requirements of, this section and section 5139.43 of the Revised Code. In addition to the subject matters described in division (B)(3)(a) of section 5139.43 of the Revised Code or in the rules that the department adopts to implement that division, the annual grant agreement and application for funding shall address fiscal accountability and performance matters pertaining to the programs, care, and services that are specified in the agreement and application and for which state subsidy funds granted pursuant to this section will be used.
(2) The county treasurer of each county that receives an annual grant pursuant to this section shall deposit the state subsidy funds so received into the county's felony delinquent care and custody fund created pursuant to division (B)(1) of section 5139.43 of the Revised Code. Subject to exceptions prescribed in section 5139.43 of the Revised Code that may apply to the disbursement, the department shall disburse the state subsidy funds to which a county is entitled in a lump sum payment that shall be made in July of each calendar year.
(3) Upon an order of the juvenile court that serves a county and subject to appropriation by the board of county commissioners of that county, a county treasurer shall disburse from the county's felony delinquent care and custody fund the state subsidy funds granted to the county pursuant to this section for use only in accordance with this section, the applicable provisions of section 5139.43 of the Revised Code, and the county's approved annual grant agreement and application for funding.
(4) The moneys in a county's felony delinquent care and custody fund that represent state subsidy funds granted pursuant to this section are subject to appropriation by the board of county commissioners of the county; shall be disbursed by the county treasurer as required by division (C)(3) of this section; shall be used in the manners referred to in division (C)(3) of this section; shall not revert to the county general fund at the end of any fiscal year; shall carry over in the felony delinquent care and custody fund from the end of any fiscal year to the next fiscal year; shall be in addition to, and shall not be used to reduce, any usual annual increase in county funding that the juvenile court is eligible to receive or the current level of county funding of the juvenile court and of any programs, care, or services for alleged or adjudicated delinquent children, unruly children, or juvenile traffic offenders or for children who are at risk of becoming delinquent children, unruly children, or juvenile traffic offenders; and shall not be used to pay for the care and custody of felony delinquents who are in the care and custody of an institution pursuant to a commitment, recommitment, or revocation of a release on parole by the juvenile court of that county or who are in the care and custody of a community corrections facility pursuant to a placement by the department as described in division (E) of section 5139.36 of the Revised Code.
(5) As a condition of the continued receipt of state subsidy funds pursuant to this section, each county and the juvenile court that serves each county that receives an annual grant pursuant to this section shall comply with divisions (B)(3)(b), (c), and (d) of section 5139.43 of the Revised Code.
Sec. 5145.06. (A) The department of rehabilitation and correction shall establish and operate a school system that is approved and chartered by the department of education and workforce and designated as the Ohio central school system to serve all of the correctional institutions under its control. The Ohio central school system shall provide educational programs for prisoners to allow them to complete adult basic education courses, earn Ohio certificates of high school equivalence, or pursue vocational training. To that end, the department may employ appropriately certified teachers, administrators, and support staff. The department shall provide classrooms, shops, and other appropriate facilities and necessary furniture, books, stationery, supplies, and equipment.
(B)(1) The department of rehabilitation and correction shall require each prisoner who has not obtained a high school diploma to take courses leading toward an Ohio certificate of high school equivalence, an Ohio high school diploma pursuant to section 3313.61 of the Revised Code, or courses that provide vocational training. If a prisoner has obtained a high school diploma, the department shall encourage the prisoner to participate in a program of advanced studies or training for a skilled trade.
(2) The department of rehabilitation and correction shall adopt rules that prescribe disciplinary actions that the department may take if a prisoner refuses to participate in an educational program required under division (B)(1) of this section.
(3) The failure of the department of rehabilitation and correction to provide, pursuant to division (B)(1) of this section, an opportunity for any prisoner to participate in courses that lead toward an Ohio certificate of high school equivalence or an Ohio high school diploma, or that provide vocational training, does not give rise to a claim for damages against the department.
(C)
The department of rehabilitation and correction, for a clearly
established medical, mental health, or security reason, may exclude
certain prisoners from the requirement to take courses pursuant to
division (B)(1) of this section. Any exclusion under this division
shall be only for a clearly established medical, mental health, or
security reason. Within six months after the
effective date of this amendment
March
31, 2003,
the department shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish the criteria and procedures for an
exclusion under this division.
Sec. 5162.363. The department of medicaid shall enter into an interagency agreement with the department of education and workforce under section 5162.35 of the Revised Code that provides for the department of education and workforce to administer the medicaid school component of the medicaid program other than the aspects of the component that sections 5162.36 to 5162.366 of the Revised Code require the department of medicaid to administer. The interagency agreement may include a provision that provides for the department of education and workforce to pay to the department of medicaid the nonfederal share of a portion of the administrative expenses the department of medicaid incurs in administering the aspects of the component that the department of medicaid administers.
To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the department of education and workforce shall adopt rules establishing a process by which qualified medicaid school providers participating in the medicaid school component pay to the department of education and workforce the nonfederal share of the department's expenses incurred in administering the component. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5162.365. (A) A qualified medicaid school provider is solely responsible for timely repaying any overpayment that the provider receives under the medicaid school component of the medicaid program and that is discovered by a federal or state audit. This is the case regardless of whether the audit's finding identifies the provider, department of medicaid, or department of education and workforce as being responsible for the overpayment.
(B) The department of medicaid shall not do any of the following regarding an overpayment for which a qualified medicaid school provider is responsible for repaying:
(1) Make a payment to the federal government to meet or delay the provider's repayment obligation;
(2) Assume the provider's repayment obligation;
(3) Forgive the provider's repayment obligation.
(C) Each qualified medicaid school provider shall indemnify and hold harmless the department of medicaid for any cost or penalty resulting from a federal or state audit finding that a claim submitted by the provider under section 5162.361 of the Revised Code did not comply with a federal or state requirement applicable to the claim, including a requirement of a medicaid waiver component.
Sec. 5502.262. (A) As used in this section:
(1) "Administrator" means the superintendent, principal, chief administrative officer, or other person having supervisory authority of any of the following:
(a) A city, exempted village, local, or joint vocational school district;
(b) A community school established under Chapter 3314. of the Revised Code, as required through reference in division (A)(11)(d) of section 3314.03 of the Revised Code;
(c) A STEM school established under Chapter 3326. of the Revised Code, as required through reference in section 3326.11 of the Revised Code;
(d) A college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(e) A district or school operating a career-technical education program approved by the department of education and workforce under section 3317.161 of the Revised Code;
(f) A chartered nonpublic school;
(g) An educational service center;
(h) A preschool program or school-age child care program licensed by the department of education and workforce;
(i) Any other facility that primarily provides educational services to children subject to regulation by the department of education and workforce.
(2) "Emergency management test" means a regularly scheduled drill, exercise, or activity designed to assess and evaluate an emergency management plan under this section.
(3) "Building" means any school, school building, facility, program, or center.
(4) "Regional mobile training officer" means the regional mobile training officer appointed under section 5502.70 of the Revised Code for the region in which a district, school, center, program, or facility is located.
(B)(1) Each administrator shall develop and adopt a comprehensive emergency management plan, in accordance with rules adopted pursuant to division (F) of this section, for each building under the administrator's control. The administrator shall examine the environmental conditions and operations of each building to determine potential hazards to student and staff safety and shall propose operating changes to promote the prevention of potentially dangerous problems and circumstances. In developing the plan for each building, the administrator shall involve community law enforcement and safety officials, parents of students who are assigned to the building, and teachers and nonteaching employees who are assigned to the building. The administrator may involve the regional mobile training officer in the development of the plan. The administrator shall incorporate remediation strategies into the plan for any building where documented safety problems have occurred.
(2) Each administrator shall also incorporate into the emergency management plan adopted under division (B)(1) of this section all of the following:
(a) A protocol for addressing serious threats to the safety of property, students, employees, or administrators;
(b) A protocol for responding to any emergency events that occur and compromise the safety of property, students, employees, or administrators. This protocol shall include, but not be limited to, all of the following:
(i) A floor plan that is unique to each floor of the building;
(ii) A site plan that includes all building property and surrounding property;
(iii) An emergency contact information sheet.
(c) A threat assessment plan developed as prescribed in section 5502.263 of the Revised Code. A building may use the model plan developed by the department of public safety under that section;
(d) A protocol for school threat assessment teams established under section 3313.669 of the Revised Code.
(3) Each protocol described in division (B) of this section shall include procedures determined to be appropriate by the administrator for responding to threats and emergency events, respectively, including such things as notification of appropriate law enforcement personnel, calling upon specified emergency response personnel for assistance, and informing parents of affected students.
Prior to the opening day of each school year, the administrator shall inform each student or child enrolled in the school and the student's or child's parent of the parental notification procedures included in the protocol.
(4) Each administrator shall keep a copy of the emergency management plan adopted pursuant to this section in a secure place.
(C)(1) The administrator shall submit to the director of public safety, in accordance with rules adopted pursuant to division (F) of this section, an electronic copy of the emergency management plan prescribed by division (B) of this section not less than once every three years, whenever a major modification to the building requires changes in the procedures outlined in the plan, and whenever information on the emergency contact information sheet changes.
(2) The administrator also shall file a copy of the plan with each law enforcement agency that has jurisdiction over the school building and, upon request, to any of the following:
(a) The fire department that serves the political subdivision in which the building is located;
(b) The emergency medical service organization that serves the political subdivision in which the building is located;
(c) The county emergency management agency for the county in which the building is located;
(d) The regional mobile training officer.
(3) Upon receipt of an emergency management plan, the director shall post the information on the contact and information management system and submit the information in accordance with rules adopted pursuant to division (F) of this section, to the attorney general, who shall post that information on the Ohio law enforcement gateway or its successor.
(4) Any department or entity to which copies of an emergency management plan are filed under this section shall keep the copies in a secure place.
(D)(1) Not later than the first day of July of each year, each administrator shall review the emergency management plan and certify to the director that the plan is current and accurate.
(2) Anytime that an administrator updates the emergency management plan pursuant to division (C)(1) of this section, the administrator shall file copies, not later than the tenth day after the revision is adopted and in accordance with rules adopted pursuant to division (F) of this section, to the director and to any entity with which the administrator filed a copy under division (C)(2) of this section.
(E) Each administrator shall do both of the following:
(1) Prepare and conduct at least one annual emergency management test, as defined in division (A)(2) of this section, in accordance with rules adopted pursuant to division (F) of this section;
(2) Grant access to each building under the control of the administrator to law enforcement personnel and to entities described in division (C)(2) of this section, to enable the personnel and entities to hold training sessions for responding to threats and emergency events affecting the building, provided that the access occurs outside of student instructional hours and the administrator, or the administrator's designee, is present in the building during the training sessions.
(F) The director of public safety, in consultation with representatives from the education community and in accordance with Chapter 119. of the Revised Code, shall adopt rules regarding emergency management plans under this section, including the content of the plans and procedures for filing the plans. The rules shall specify that plans and information required under division (B) of this section be submitted on standardized forms developed by the director for such purpose. The rules shall also specify the requirements and procedures for emergency management tests conducted pursuant to division (E)(1) of this section. Failure to comply with the rules may result in discipline pursuant to section 3319.31 of the Revised Code or any other action against the administrator as prescribed by rule.
(G) Division (B) of section 3319.31 of the Revised Code applies to any administrator who is subject to the requirements of this section and is not exempt under division (H) of this section and who is an applicant for a license or holds a license from the state board of education pursuant to section 3319.22 of the Revised Code.
(H)(1) The director may exempt any administrator from the requirements of this section, if the director determines that the requirements do not otherwise apply to a building or buildings under the control of that administrator.
(2) The director shall exempt from the requirements of this section the administrator of an online learning school, established under section 3302.42 of the Revised Code, unless students of that school participate in in-person instruction or assessments at a location that is not covered by an existing emergency management plan, developed under this section as of December 14, 2021.
(I) Copies of the emergency management plan and information required under division (B) of this section are security records and are not public records pursuant to section 149.433 of the Revised Code. In addition, the information posted to the contact and information management system, pursuant to division (C)(3)(b) of this section, is exempt from public disclosure or release in accordance with sections 149.43, 149.433, and 5502.03 of the Revised Code.
Notwithstanding section 149.433 of the Revised Code, a floor plan filed with the attorney general pursuant to this section is not a public record to the extent it is a record kept by the attorney general.
Sec. 5502.263. (A) As used in this section, "evidence-based" means a program or practice that does either of the following:
(1) Demonstrates a rationale based on high-quality research findings or positive evaluation that such a program or practice is likely to improve relevant outcomes and includes ongoing efforts to examine the effects of the program or practice;
(2) Has a statistically significant effect on relevant outcomes based on:
(a) Strong evidence from at least one well-designed and well-implemented experimental study;
(b) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study; or
(c) Promising evidence from at least one well-designed and well-implemented correlation study with statistical controls for selection bias.
(B)
Not later than two years after the
effective date of this sectionMarch
24, 2021,
the department of public safety, in consultation with the department
of education
and
workforce
and
the attorney general, shall develop a model threat assessment plan
that may be used in a building's emergency management plan developed
under section 5502.262 of the Revised Code. The model plan shall do
at least the following:
(1) Identify the types of threatening behavior that may represent a physical threat to a school community;
(2) Identify individuals to whom threatening behavior should be reported and steps to be taken by those individuals;
(3) Establish threat assessment guidelines including identification, evaluation of seriousness of threat or danger, intervention to reduce potential violence, and follow-up to assess intervention results;
(4) Establish guidelines for coordinating with local law enforcement agencies and reports collected through the district's chosen anonymous reporting program under section 3313.6610 of the Revised Code and identify a point of contact within each agency;
(5) Conform with all other specifications in a school's emergency management plan developed under section 5502.262 of the Revised Code.
Evidence-based threat assessment processes or best practice threat assessment guidelines created by the national threat assessment center shall be a resource when developing the model threat assessment plan.
(C)
Not later than two years after the
effective date of this sectionMarch
24, 2021,
the department of public safety, in consultation with the department
of education
and
workforce
and
the attorney general, shall develop and maintain a list of approved
training programs for completion by school threat assessment team
members prescribed in section 3313.669 of the Revised Code, one of
which must be free or of no cost to schools. Each program approved
under this section must be an evidence-based program that provides
instruction in the following:
(1) Identifying behaviors, signs, and threats that may lead to a violent act;
(2) Determining the seriousness of a threat;
(3) Developing intervention plans that protect the potential victims and address the underlying problem or conflict that initiated the behavior and assessments of plan results.
Completion of an approved program under this section shall fulfill the training requirements prescribed under section 3313.669 of the Revised Code.
Sec. 5513.04. (A) Notwithstanding sections 125.12, 125.13, and 125.14 of the Revised Code, the director of transportation may sell, transfer, or otherwise dispose of any item of personal property that is not needed by the department of transportation. The director may exchange any such item, in the manner provided for in this chapter, and pay the balance of the cost of such new item from funds appropriated to the department. The director also may accept a credit voucher or cash in an amount mutually agreed upon between a vendor and the department. The director shall apply the amount of any credit voucher to future purchases from that vendor and shall deposit any cash into the state treasury to the credit of the highway operating fund created in section 5735.051 of the Revised Code.
(B)(1) The director may sell or transfer any structure, machinery, tools, equipment, parts, material, office furniture, or supplies unfit for use or not needed by the department of transportation to any agency of the state or a political subdivision of the state without notice of the proposed disposal and upon any mutually agreed upon terms.
(2) Before selling any passenger vehicle, van, truck, trailer, or other heavy equipment, the director shall notify each county, municipal corporation, township, and school district of the sale. The director shall similarly notify the board of trustees of any regional water and sewer district established under Chapter 6119. of the Revised Code, when the board has forwarded to the director the district's name and current business address. For the purposes of this division, the name and current business address of a regional water and sewer district shall be forwarded to the director once each year during any year in which the board wishes the notification to be given. The notice required by this division may be given by the most economical means considered to be effective. If after seven days following mailing or other issuance of the director's notice, no county, municipal corporation, township, regional water and sewer district, educational service center, or school district has notified the director that it wishes to purchase any such vehicle or other heavy equipment, the director may proceed with the sale under division (C) of this section.
In the discretion of the director, the director may transfer any vehicle or other heavy equipment that is unfit for use or not needed by the department to any agency of the state or political subdivision of the state without advertising for bids and upon mutually agreed upon terms.
(3) The director may sell or otherwise dispose of any structure or structural materials salvaged on the state highway system that in the director's judgment are no longer needed by the department, or that, through wear or obsolescence, have become unfit for use. The director may transfer the structure or materials to counties, municipal corporations, school districts, or other political subdivisions without advertising for bids and upon mutually agreed upon terms. The director may transfer the structure or structural materials to a nonprofit corporation upon being furnished a copy of a contract between the nonprofit corporation and a county, municipal corporation, or other political subdivision to which the structure is to be moved pursuant to which the nonprofit corporation must make the structure or structural materials available for rent or sale within a period of three months after becoming available for occupancy to an individual or family which has been displaced by governmental action or which occupies substandard housing as certified by such political subdivision, without advertising for bids. Any such transfers shall be for such consideration as shall be determined by the director to be fair and reasonable, and shall be upon such terms and specifications with respect to performance and indemnity as shall be determined necessary by the director.
When, in carrying out an improvement that replaces any structure or structural materials, it is advantageous to dispose of the structure or structural materials by providing in the contract for the improvement that the structure or structural materials, or any part thereof, shall become the property of the contractor, the director may so proceed.
(C)(1) Any item that has not been sold or transferred as provided in division (B) of this section may be sold at a public sale, as determined by the director. The director may authorize such sale by the deputy directors of transportation, and the proceedings of such sale shall be conducted in the same manner as provided for sales by the director. The director may establish a minimum price for any item to be sold and may establish any other terms, conditions, and manner for the sale of a particular item, which may be on any basis the director determines to be most advantageous to the department. The director may reject any offer or bid for an item. The director may remove any item from a sale if it develops that a public authority has a use for the item. In any notice of a sale, the director shall include a brief description of the item to be sold, the terms and conditions of the sale, and a statement of the time, place, and manner of the sale.
(2)(a) If, in the opinion of the director, any item to be sold has an estimated fair market value in excess of one thousand dollars, the director shall post a notice of the sale, for not less than ten days, on the official web site of the department. If the district where the property is located maintains a web site, notice of the sale also shall be posted on that web site. At least ten days before the sale, the director also shall publish one notice of the sale in a periodical or newspaper of general circulation in the region in which the items are located. A sale under division (C)(2)(a) of this section shall be made to the highest responsible bidder.
(b) If, in the opinion of the director, any item to be sold has an estimated fair market value of one thousand dollars or less, the director is not required to advertise the proposed sale except by notice posted on the official web site of the department. The notice shall be posted for at least five working days. A sale under division (C)(2)(b) of this section shall be made to the highest responsible bidder.
(D) Proceeds of any sale described in this section shall be paid into the state treasury to the credit of the highway operating fund or any other fund of the department as determined by the director.
(E)
Once each year, the state
board department
of
education and
workforce shall
provide the director with a current list of the addresses of all
school districts and educational service centers in the state.
(F) As used in this section:
(1) "Personal property" means any structure or structural material, machinery, tools, equipment, parts, material, office furniture, supplies, passenger vehicle, van, truck, trailer, or other heavy equipment of the department;
(2) "School district" means any city school district, local school district, exempted village school district, cooperative education school district, and joint vocational school district, as defined in Chapter 3311. of the Revised Code.
(3) "Sale" means fixed price sale, live or internet auction, or any other type of sale determined by the director.
Sec. 5703.21. (A) Except as provided in divisions (B) and (C) of this section, no agent of the department of taxation, except in the agent's report to the department or when called on to testify in any court or proceeding, shall divulge any information acquired by the agent as to the transactions, property, or business of any person while acting or claiming to act under orders of the department. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 of the Revised Code, or an audit of the department pursuant to Chapter 117. of the Revised Code, or an audit, pursuant to that chapter, the objective of which is to express an opinion on a financial report or statement prepared or issued pursuant to division (A)(7) or (9) of section 126.21 of the Revised Code, the officers and employees of the auditor of state charged with conducting the audit shall have access to and the right to examine any state tax returns and state tax return information in the possession of the department to the extent that the access and examination are necessary for purposes of the audit. Any information acquired as the result of that access and examination shall not be divulged for any purpose other than as required for the audit or unless the officers and employees are required to testify in a court or proceeding under compulsion of legal process. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the auditor of state.
(2) For purposes of an internal audit pursuant to section 126.45 of the Revised Code, the officers and employees of the office of internal audit in the office of budget and management charged with directing the internal audit shall have access to and the right to examine any state tax returns and state tax return information in the possession of the department to the extent that the access and examination are necessary for purposes of the internal audit. Any information acquired as the result of that access and examination shall not be divulged for any purpose other than as required for the internal audit or unless the officers and employees are required to testify in a court or proceeding under compulsion of legal process. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the office of internal audit.
(3) As provided by section 6103(d)(2) of the Internal Revenue Code, any federal tax returns or federal tax information that the department has acquired from the internal revenue service, through federal and state statutory authority, may be disclosed to the auditor of state or the office of internal audit solely for purposes of an audit of the department.
(4) For purposes of Chapter 3739. of the Revised Code, an agent of the department of taxation may share information with the division of state fire marshal that the agent finds during the course of an investigation.
(C) Division (A) of this section does not prohibit any of the following:
(1) Divulging information contained in applications, complaints, and related documents filed with the department under section 5715.27 of the Revised Code or in applications filed with the department under section 5715.39 of the Revised Code;
(2) Providing information to the office of child support within the department of job and family services pursuant to section 3125.43 of the Revised Code;
(3) Disclosing to the motor vehicle repair board any information in the possession of the department that is necessary for the board to verify the existence of an applicant's valid vendor's license and current state tax identification number under section 4775.07 of the Revised Code;
(4) Providing information to the administrator of workers' compensation pursuant to sections 4123.271 and 4123.591 of the Revised Code;
(5) Providing to the attorney general information the department obtains under division (J) of section 1346.01 of the Revised Code;
(6) Permitting properly authorized officers, employees, or agents of a municipal corporation from inspecting reports or information pursuant to section 718.84 of the Revised Code or rules adopted under section 5745.16 of the Revised Code;
(7) Providing information regarding the name, account number, or business address of a holder of a vendor's license issued pursuant to section 5739.17 of the Revised Code, a holder of a direct payment permit issued pursuant to section 5739.031 of the Revised Code, or a seller having a use tax account maintained pursuant to section 5741.17 of the Revised Code, or information regarding the active or inactive status of a vendor's license, direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under section 4301.433 of the Revised Code pursuant to that section;
(9) Providing to a county auditor notices or documents concerning or affecting the taxable value of property in the county auditor's county. Unless authorized by law to disclose documents so provided, the county auditor shall not disclose such documents;
(10) Providing to a county auditor sales or use tax return or audit information under section 333.06 of the Revised Code;
(11) Subject to section 4301.441 of the Revised Code, disclosing to the appropriate state agency information in the possession of the department of taxation that is necessary to verify a permit holder's gallonage or noncompliance with taxes levied under Chapter 4301. or 4305. of the Revised Code;
(12) Disclosing to the department of natural resources information in the possession of the department of taxation that is necessary for the department of taxation to verify the taxpayer's compliance with section 5749.02 of the Revised Code or to allow the department of natural resources to enforce Chapter 1509. of the Revised Code;
(13) Disclosing to the department of job and family services, industrial commission, and bureau of workers' compensation information in the possession of the department of taxation solely for the purpose of identifying employers that misclassify employees as independent contractors or that fail to properly report and pay employer tax liabilities. The department of taxation shall disclose only such information that is necessary to verify employer compliance with law administered by those agencies.
(14) Disclosing to the Ohio casino control commission information in the possession of the department of taxation that is necessary to verify a casino operator's or sports gaming proprietor's compliance with section 5747.063, 5753.02, or 5753.021 of the Revised Code and sections related thereto;
(15) Disclosing to the state lottery commission information in the possession of the department of taxation that is necessary to verify a lottery sales agent's compliance with section 5747.064 of the Revised Code.
(16) Disclosing to the department of development information in the possession of the department of taxation that is necessary to ensure compliance with the laws of this state governing taxation and to verify information reported to the department of development for the purpose of evaluating potential tax credits, tax deductions, grants, or loans. Such information shall not include information received from the internal revenue service the disclosure of which is prohibited by section 6103 of the Internal Revenue Code. No officer, employee, or agent of the department of development shall disclose any information provided to the department of development by the department of taxation under division (C)(16) of this section except when disclosure of the information is necessary for, and made solely for the purpose of facilitating, the evaluation of potential tax credits, tax deductions, grants, or loans.
(17) Disclosing to the department of insurance information in the possession of the department of taxation that is necessary to ensure a taxpayer's compliance with the requirements with any tax credit administered by the department of development and claimed by the taxpayer against any tax administered by the superintendent of insurance. No officer, employee, or agent of the department of insurance shall disclose any information provided to the department of insurance by the department of taxation under division (C)(17) of this section.
(18) Disclosing to the division of liquor control information in the possession of the department of taxation that is necessary for the division and department to comply with the requirements of sections 4303.26 and 4303.271 of the Revised Code.
(19) Disclosing to the department of education and workforce, upon that department's request, information in the possession of the department of taxation that is necessary only to verify whether the family income of a student applying for or receiving a scholarship under the educational choice scholarship pilot program is equal to, less than, or greater than the income thresholds prescribed by section 3310.032 of the Revised Code. The department of education and workforce shall provide sufficient information about the student and the student's family to enable the department of taxation to make the verification.
(20) Disclosing to the Ohio rail development commission information in the possession of the department of taxation that is necessary to ensure compliance with the laws of this state governing taxation and to verify information reported to the commission for the purpose of evaluating potential grants or loans. Such information shall not include information received from the internal revenue service the disclosure of which is prohibited by section 6103 of the Internal Revenue Code. No member, officer, employee, or agent of the Ohio rail development commission shall disclose any information provided to the commission by the department of taxation under division (C)(20) of this section except when disclosure of the information is necessary for, and made solely for the purpose of facilitating, the evaluation of potential grants or loans.
(21) Disclosing to the state racing commission information in the possession of the department of taxation that is necessary for verification of compliance with and for enforcement and administration of the taxes levied by Chapter 3769. of the Revised Code. Such information shall include information that is necessary for the state racing commission to verify compliance with Chapter 3769. of the Revised Code for the purposes of issuance, denial, suspension, or revocation of a permit pursuant to section 3769.03 or 3769.06 of the Revised Code and related sections. Unless disclosure is otherwise authorized by law, information provided to the state racing commission under this section remains confidential and is not subject to public disclosure pursuant to section 3769.041 of the Revised Code.
(22) Disclosing to the state fire marshal information in the possession of the department of taxation that is necessary for the state fire marshal to verify the compliance of a licensed manufacturer of fireworks or a licensed wholesaler of fireworks with section 3743.22 of the Revised Code. No officer, employee, or agent of the state fire marshal shall disclose any information provided to the state fire marshal by the department of taxation under division (C)(22) of this section.
(23) Disclosing to the department of job and family services information in the possession of the department of taxation for either of the following purposes:
(a) Making a determination under section 4141.28 of the Revised Code;
(b) Verifying an individual's eligibility for a federal program described in section 4141.163 of the Revised Code.
Such information shall not include information received from the internal revenue service the disclosure of which is prohibited by section 6103 of the Internal Revenue Code.
Sec.
5705.216. A
board of education that has issued notes in anticipation of the
proceeds of a permanent improvements levy in the maximum amount
permitted under division (D)(2) or (3) of section 5705.21 of the
Revised Code or a taxing authority of a county school financing
district that has issued notes in anticipation of the proceeds of a
levy in the maximum amount permitted under section 5705.215 of the
Revised Code may, if the proceeds from the issuance of such notes
have been spent, contracted, or encumbered, apply to the
superintendent
of public instruction director
of education and workforce for
authorization to anticipate a fraction of the remaining estimated
proceeds of the levy and issue anticipation notes for that purpose.
The application shall be in such form and contain such information as
the superintendent
director
considers
necessary and shall specify the amount of notes to be issued. The
amount shall not exceed the following:
(A) In the case of a school district:
(1) For levies described under division (D)(2) of section 5705.21 of the Revised Code, the amount by which the total estimated proceeds of the levy remaining to be collected throughout its life exceeds the amount from such proceeds required to pay the principal and interest on notes issued under section 5705.21 of the Revised Code and the interest on any notes issued under this section;
(2) For levies described under division (D)(3) of section 5705.21 of the Revised Code, the amount by which the total estimated proceeds of the levy remaining to be collected over the specified number of years authorized for the issuance of the notes exceeds the amount from such proceeds required to pay the principal and interest on notes issued under section 5705.21 of the Revised Code and the interest on any notes issued under this section.
(B) In the case of a county school financing district, the amount by which the total estimated proceeds of the levy remaining to be collected for the first five years of its life exceed the amount from such proceeds required to pay the principal and interest on notes issued under section 5705.215 of the Revised Code and the interest on any notes issued under this section.
The
superintendent
director
shall
examine the application and any other relevant information submitted
and shall determine and certify the maximum amount of notes the
district may issue under this section, which may be an amount less
than the amount requested by the district.
If
the superintendent
director
determines
that the anticipated proceeds from the levy may be significantly less
than expected and that additional notes should not be issued, the
superintendent
director
may
deny the application and give written notice of the denial to the
president of the district's board of education or the taxing
authority.
Such notes shall be sold in the same manner as notes issued under section 5705.21 or 5705.215 of the Revised Code.
Sec. 5705.391. (A) The department of education and workforce and the auditor of state shall jointly adopt rules requiring boards of education to submit five-year projections of operational revenues and expenditures. The rules shall provide for the auditor of state or the department to examine the five-year projections and to determine whether any further fiscal analysis is needed to ascertain whether a district has the potential to incur a deficit during the first three years of the five-year period.
The auditor of state or the department may conduct any further audits or analyses necessary to assess any district's fiscal condition. If further audits or analyses are conducted by the auditor of state, the auditor of state shall notify the department of the district's fiscal condition, and the department shall immediately notify the district of any potential to incur a deficit in the current fiscal year or of any strong indications that a deficit will be incurred in either of the ensuing two years. If such audits or analyses are conducted by the department, the department shall immediately notify the district and the auditor of state of such potential deficit or strong indications thereof.
A district notified under this section shall take immediate steps to eliminate any deficit in the current fiscal year and shall begin to plan to avoid the projected future deficits.
(B) The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may limit, suspend, or revoke a license as defined under section 3319.31 of the Revised Code that has been issued to any school employee found to have willfully contributed erroneous, inaccurate, or incomplete data required for the submission of the five-year projection required by this section.
(C) The department and the auditor of state, in their joint adoption of rules under division (A) of this section, shall not require a board of education to submit its five-year projection of operational revenues and expenditures prior to the thirtieth day of November of any fiscal year.
Sec. 5705.412. (A) As used in this section, "qualifying contract" means any agreement for the expenditure of money under which aggregate payments from the funds included in the school district's five-year forecast under section 5705.391 of the Revised Code will exceed the lesser of the following amounts:
(1) Five hundred thousand dollars;
(2) One per cent of the total revenue to be credited in the current fiscal year to the district's general fund, as specified in the district's most recent certificate of estimated resources certified under section 5705.36 of the Revised Code.
(B)(1) Notwithstanding section 5705.41 of the Revised Code, no school district shall adopt any appropriation measure, make any qualifying contract, or increase during any school year any wage or salary schedule unless there is attached thereto a certificate, signed as required by this section, that the school district has in effect the authorization to levy taxes including the renewal or replacement of existing levies which, when combined with the estimated revenue from all other sources available to the district at the time of certification, are sufficient to provide the operating revenues necessary to enable the district to maintain all personnel and programs for all the days set forth in its adopted school calendars for the current fiscal year and for a number of days in succeeding fiscal years equal to the number of days instruction was held or is scheduled for the current fiscal year, as follows:
(a) A certificate attached to an appropriation measure under this section shall cover only the fiscal year in which the appropriation measure is effective and shall not consider the renewal or replacement of an existing levy as the authority to levy taxes that are subject to appropriation in the current fiscal year unless the renewal or replacement levy has been approved by the electors and is subject to appropriation in the current fiscal year.
(b) A certificate attached, in accordance with this section, to any qualifying contract shall cover the term of the contract.
(c) A certificate attached under this section to a wage or salary schedule shall cover the term of the schedule.
If the board of education has not adopted a school calendar for the school year beginning on the first day of the fiscal year in which a certificate is required, the certificate attached to an appropriation measure shall include the number of days on which instruction was held in the preceding fiscal year and other certificates required under this section shall include that number of days for the fiscal year in which the certificate is required and any succeeding fiscal years that the certificate must cover.
The certificate shall be signed by the treasurer and president of the board of education and the superintendent of the school district, unless the district is in a state of fiscal emergency declared under Chapter 3316. of the Revised Code. In that case, the certificate shall be signed by a member of the district's financial planning and supervision commission who is designated by the commission for this purpose.
(2) In lieu of the certificate required under division (B) of this section, an alternative certificate stating the following may be attached:
(a) The contract is a multi-year contract for materials, equipment, or nonpayroll services essential to the education program of the district;
(b) The multi-year contract demonstrates savings over the duration of the contract as compared to costs that otherwise would have been demonstrated in a single year contract, and the terms will allow the district to reduce the deficit it is currently facing in future years as demonstrated in its five-year forecast adopted in accordance with section 5705.391 of the Revised Code.
The certificate shall be signed by the treasurer and president of the board of education and the superintendent of the school district, unless the district is in a state of fiscal emergency declared under Chapter 3316. of the Revised Code. In that case, the certificate shall be signed by a member of the district's financial planning and supervision commission who is designated by the commission for this purpose.
(C) Every qualifying contract made or wage or salary schedule adopted or put into effect without such a certificate shall be void, and no payment of any amount due thereon shall be made.
(D) The department of education and workforce and the auditor of state jointly shall adopt rules governing the methods by which treasurers, presidents of boards of education, superintendents, and members of financial planning and supervision commissions shall estimate revenue and determine whether such revenue is sufficient to provide necessary operating revenue for the purpose of making certifications required by this section.
(E) The auditor of state shall be responsible for determining whether school districts are in compliance with this section. At the time a school district is audited pursuant to section 117.11 of the Revised Code, the auditor of state shall review each certificate issued under this section since the district's last audit, and the appropriation measure, contract, or wage and salary schedule to which such certificate was attached. If the auditor of state determines that a school district has not complied with this section with respect to any qualifying contract or wage or salary schedule, the auditor of state shall notify the prosecuting attorney for the county, the city director of law, or other chief law officer of the school district. That officer may file a civil action in any court of appropriate jurisdiction to seek a declaration that the contract or wage or salary schedule is void, to recover for the school district from the payee the amount of payments already made under it, or both, except that the officer shall not seek to recover payments made under any collective bargaining agreement entered into under Chapter 4117. of the Revised Code. If the officer does not file such an action within one hundred twenty days after receiving notice of noncompliance from the auditor of state, any taxpayer may institute the action in the taxpayer's own name on behalf of the school district.
(F) This section does not apply to any contract or increase in any wage or salary schedule that is necessary in order to enable a board of education to comply with division (B) of section 3317.13 of the Revised Code, provided the contract or increase does not exceed the amount required to be paid to be in compliance with such division.
(G) Any officer, employee, or other person who expends or authorizes the expenditure of any public funds or authorizes or executes any contract or schedule contrary to this section, expends or authorizes the expenditure of any public funds on the void contract or schedule, or issues a certificate under this section which contains any false statements is liable to the school district for the full amount paid from the district's funds on the contract or schedule. The officer, employee, or other person is jointly and severally liable in person and upon any official bond that the officer, employee, or other person has given to the school district to the extent of any payments on the void claim, not to exceed ten thousand dollars. However, no officer, employee, or other person shall be liable for a mistaken estimate of available resources made in good faith and based upon reasonable grounds. If an officer, employee, or other person is found to have complied with rules jointly adopted by the department of education and workforce and the auditor of state under this section governing methods by which revenue shall be estimated and determined sufficient to provide necessary operating revenue for the purpose of making certifications required by this section, the officer, employee, or other person shall not be liable under this section if the estimates and determinations made according to those rules do not, in fact, conform with actual revenue. The prosecuting attorney of the county, the city director of law, or other chief law officer of the district shall enforce this liability by civil action brought in any court of appropriate jurisdiction in the name of and on behalf of the school district. If the prosecuting attorney, city director of law, or other chief law officer of the district fails, upon the written request of any taxpayer, to institute action for the enforcement of the liability, the attorney general, or the taxpayer in the taxpayer's own name, may institute the action on behalf of the subdivision.
(H) This section does not require the attachment of an additional certificate beyond that required by section 5705.41 of the Revised Code for current payrolls of, or contracts of employment with, any employees or officers of the school district.
This section does not require the attachment of a certificate to a temporary appropriation measure if all of the following apply:
(1) The amount appropriated does not exceed twenty-five per cent of the total amount from all sources available for expenditure from any fund during the preceding fiscal year;
(2) The measure will not be in effect on or after the thirtieth day following the earliest date on which the district may pass an annual appropriation measure;
(3) An amended official certificate of estimated resources for the current year, if required, has not been certified to the board of education under division (B) of section 5705.36 of the Revised Code.
Sec. 5709.07. (A) The following property shall be exempt from taxation:
(1) Real property used by a school for primary or secondary educational purposes, including only so much of the land as is necessary for the proper occupancy, use, and enjoyment of such real property by the school for primary or secondary educational purposes. The exemption under division (A)(1) of this section does not apply to any portion of the real property not used for primary or secondary educational purposes.
For purposes of division (A)(1) of this section:
(a)
"School" means a public or nonpublic school. "School"
excludes home instruction
education
as
authorized under section 3321.043321.042
of
the Revised Code.
(b) "Public school" includes schools of a school district, STEM schools established under Chapter 3326. of the Revised Code, community schools established under Chapter 3314. of the Revised Code, and educational service centers established under section 3311.05 of the Revised Code.
(c)
"Nonpublic school" means a nonpublic school for which the
state
board director
of
education
and
workforce
has
issued a charter pursuant to section 3301.16 of the Revised Code and
prescribes minimum standards under division (D)(2) of section 3301.07
of the Revised Code.
(2) Houses used exclusively for public worship, the books and furniture in them, and the ground attached to them that is not leased or otherwise used with a view to profit and that is necessary for their proper occupancy, use, and enjoyment;
(3) Real property owned and operated by a church that is used primarily for church retreats or church camping, and that is not used as a permanent residence. Real property exempted under division (A)(3) of this section may be made available by the church on a limited basis to charitable and educational institutions if the property is not leased or otherwise made available with a view to profit.
(4) Public colleges and academies and all buildings connected with them, and all lands connected with public institutions of learning, not used with a view to profit, including those buildings and lands that satisfy all of the following:
(a) The buildings are used for housing for full-time students or housing-related facilities for students, faculty, or employees of a state university, or for other purposes related to the state university's educational purpose, and the lands are underneath the buildings or are used for common space, walkways, and green spaces for the state university's students, faculty, or employees. As used in this division, "housing-related facilities" includes both parking facilities related to the buildings and common buildings made available to students, faculty, or employees of a state university. The leasing of space in housing-related facilities shall not be considered an activity with a view to profit for purposes of division (A)(4) of this section.
(b) The buildings and lands are supervised or otherwise under the control, directly or indirectly, of an organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and the state university has entered into a qualifying joint use agreement with the organization that entitles the students, faculty, or employees of the state university to use the lands or buildings;
(c) The state university has agreed, under the terms of the qualifying joint use agreement with the organization described in division (A)(4)(b) of this section, that the state university, to the extent applicable under the agreement, will make payments to the organization in amounts sufficient to maintain agreed-upon debt service coverage ratios on bonds related to the lands or buildings.
(B) This section shall not extend to leasehold estates or real property held under the authority of a college or university of learning in this state; but leaseholds, or other estates or property, real or personal, the rents, issues, profits, and income of which is given to a municipal corporation, school district, or subdistrict in this state exclusively for the use, endowment, or support of schools for the free education of youth without charge shall be exempt from taxation as long as such property, or the rents, issues, profits, or income of the property is used and exclusively applied for the support of free education by such municipal corporation, district, or subdistrict. Division (B) of this section shall not apply with respect to buildings and lands that satisfy all of the requirements specified in divisions (A)(4)(a) to (c) of this section.
(C) For purposes of this section, if the requirements specified in divisions (A)(4)(a) to (c) of this section are satisfied, the buildings and lands with respect to which exemption is claimed under division (A)(4) of this section shall be deemed to be used with reasonable certainty in furthering or carrying out the necessary objects and purposes of a state university.
(D) As used in this section:
(1) "Church" means a fellowship of believers, congregation, society, corporation, convention, or association that is formed primarily or exclusively for religious purposes and that is not formed for the private profit of any person.
(2) "State university" has the same meaning as in section 3345.011 of the Revised Code.
(3) "Qualifying joint use agreement" means an agreement that satisfies all of the following:
(a) The agreement was entered into before June 30, 2004;
(b) The agreement is between a state university and an organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended; and
(c)
The state university that is a party to the agreement reported to the
Ohio
board chancellor
of
regents
higher
education that
the university maintained a headcount of at least twenty-five
thousand students on its main campus during the academic school year
that began in calendar year 2003 and ended in calendar year 2004.
Sec. 5709.92. (A) As used in this section:
(1) "School district" means a city, local, or exempted village school district.
(2) "Joint vocational school district" means a joint vocational school district created under section 3311.16 of the Revised Code, and includes a cooperative education school district created under section 3311.52 or 3311.521 of the Revised Code and a county school financing district created under section 3311.50 of the Revised Code.
(3) "Total resources" means the sum of the amounts described in divisions (A)(3)(a) to (g) of this section less any reduction required under division (C)(3)(a) of this section.
(a) The state education aid for fiscal year 2015;
(b) The sum of the payments received in fiscal year 2015 for current expense levy losses under division (C)(3) of section 5727.85 and division (C)(12) of section 5751.21 of the Revised Code, as they existed at that time, excluding the portion of such payments attributable to levies for joint vocational school district purposes;
(c) The sum of fixed-sum levy loss payments received by the school district in fiscal year 2015 under division (F)(1) of section 5727.85 and division (E)(1) of section 5751.21 of the Revised Code, as they existed at that time, for fixed-sum levies charged and payable for a purpose other than paying debt charges;
(d) The district's taxes charged and payable against all property on the tax list of real and public utility property for current expense purposes for tax year 2014, including taxes charged and payable from emergency levies charged and payable under sections 5705.194 to 5705.197 of the Revised Code, excluding taxes levied for joint vocational school district purposes or levied under section 5705.23 of the Revised Code;
(e) The amount certified for fiscal year 2015 under division (A)(2) of section 3317.08 of the Revised Code;
(f) Distributions received during calendar year 2014 from taxes levied under section 718.09 of the Revised Code;
(g) Distributions received during fiscal year 2015 from the gross casino revenue county student fund.
(4)(a) "State education aid" for a school district means the sum of state amounts computed for the district under sections 3317.022 and 3317.0212 of the Revised Code after any amounts are added or subtracted under Section 263.240 of Am. Sub. H.B.59 of the 130th general assembly, entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."
(b) "State education aid" for a joint vocational district means the amount computed for the district under section 3317.16 of the Revised Code after any amounts are added or subtracted under Section 263.250 of Am. Sub. H.B.59 of the 130th general assembly, entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
(5) "Taxes charged and payable" means taxes charged and payable after the reduction required by section 319.301 of the Revised Code but before the reductions required by sections 319.302 and 323.152 of the Revised Code.
(6) "Capacity quintile" means the capacity measure quintiles determined under division (B) of this section.
(7) "Threshold per cent" means the following:
(a) For a school district in the lowest capacity quintile, one per cent for fiscal year 2016 and two per cent for fiscal year 2017.
(b) For a school district in the second lowest capacity quintile, one and one-fourth per cent for fiscal year 2016 and two and one-half per cent for fiscal year 2017.
(c) For a school district in the third lowest capacity quintile, one and one-half per cent for fiscal year 2016 and three per cent for fiscal year 2017.
(d) For a school district in the second highest capacity quintile, one and three-fourths per cent for fiscal year 2016 and three and one-half per cent for fiscal year 2017.
(e) For a school district in the highest capacity quintile, two per cent for fiscal year 2016 and four per cent for fiscal year 2017.
(f) For a joint vocational school district, two per cent for fiscal year 2016 and four per cent for fiscal year 2017.
(8) "Current expense allocation" means the sum of the payments received by a school district or joint vocational school district in fiscal year 2015 for current expense levy losses under division (C)(3) of section 5727.85 and division (C)(12) of section 5751.21 of the Revised Code as they existed at that time, less any reduction required under division (C)(3)(b) of this section.
(9) "Non-current expense allocation" means the sum of the payments received by a school district or joint vocational school district in fiscal year 2015 for levy losses under division (C)(3)(c) of section 5727.85 and division (C)(12)(c) of section 5751.21 of the Revised Code, as they existed at that time, and levy losses in fiscal year 2015 under division (H) of section 5727.84 of the Revised Code as that section existed at that time attributable to levies for and payments received for losses on levies intended to generate money for maintenance of classroom facilities.
(10) "Operating TPP fixed-sum levy losses" means the sum of payments received by a school district in fiscal year 2015 for levy losses under division (E) of section 5751.21 of the Revised Code, excluding levy losses for debt purposes.
(11) "Operating S.B. 3 fixed-sum levy losses" means the sum of payments received by the school district in fiscal year 2015 for levy losses under division (H) of section 5727.84 of the Revised Code, excluding levy losses for debt purposes.
(12) "TPP fixed-sum debt levy losses" means the sum of payments received by a school district in fiscal year 2015 for levy losses under division (E) of section 5751.21 of the Revised Code for debt purposes.
(13) "S.B. 3 fixed-sum debt levy losses" means the sum of payments received by the school district in fiscal year 2015 for levy losses under division (H) of section 5727.84 of the Revised Code for debt purposes.
(14) "Qualifying levies" means qualifying levies described in section 5751.20 of the Revised Code as that section was in effect before July 1, 2015.
(15) "Total taxable value" has the same meaning as in section 3317.02 of the Revised Code.
(B) The department of education and workforce shall rank all school districts in the order of districts' capacity measures determined under former section 3317.018 of the Revised Code from lowest to highest, and divide such ranking into quintiles, with the first quintile containing the twenty per cent of school districts having the lowest capacity measure and the fifth quintile containing the twenty per cent of school districts having the highest capacity measure. This calculation and ranking shall be performed once, in fiscal year 2016.
(C)(1) In fiscal year 2016, payments shall be made to school districts and joint vocational school districts equal to the sum of the amounts described in divisions (C)(1)(a) or (b) and (C)(1)(c) of this section. In fiscal year 2017, payments shall be made to school districts and joint vocational school districts equal to the amount described in division (C)(1)(a) or (b) of this section.
(a) If the ratio of the current expense allocation to total resources is equal to or less than the district's threshold percent, zero;
(b) If the ratio of the current expense allocation to total resources is greater than the district's threshold per cent, the difference between the current expense allocation and the product of the threshold percentage and total resources;
(c) For fiscal year 2016, the product of the non-current expense allocation multiplied by fifty per cent.
(2) In fiscal year 2018 and subsequent fiscal years, payments shall be made to school districts and joint vocational school districts equal to the difference obtained by subtracting the amount described in division (C)(2)(b) of this section from the amount described in division (C)(2)(a) of this section, provided that such amount is greater than zero.
(a) The sum of the payments received by the district under division (C)(1)(b) or (C)(2) of this section for the immediately preceding fiscal year;
(b) One-sixteenth of one per cent of the average of the total taxable value of the district for tax years 2014, 2015, and 2016.
(3)(a) "Total resources" used to compute payments under division (C)(1) of this section shall be reduced to the extent that payments distributed in fiscal year 2015 were attributable to levies no longer charged and payable for tax year 2014.
(b) "Current expense allocation" used to compute payments under division (C)(1) of this section shall be reduced to the extent that the payments distributed in fiscal year 2015 were attributable to levies no longer charged and payable for tax year 2014.
(4) The department of education and workforce shall report to each school district and joint vocational school district the apportionment of the payments under division (C)(1) of this section among the district's funds based on qualifying levies.
(D)(1) Payments in the following amounts shall be made to school districts and joint vocational school districts in tax years 2016 through 2021:
(a) In tax year 2016, the sum of the district's operating TPP fixed-sum levy losses and operating S.B. 3 fixed-sum levy losses.
(b) In tax year 2017, the sum of the district's operating TPP fixed-sum levy losses and eighty per cent of operating S.B. 3 fixed-sum levy losses.
(c) In tax year 2018, the sum of eighty per cent of the district's operating TPP fixed-sum levy losses and sixty per cent of its operating S.B. 3 fixed-sum levy losses.
(d) In tax year 2019, the sum of sixty per cent of the district's operating TPP fixed-sum levy losses and forty per cent of its operating S.B. 3 fixed-sum levy losses.
(e) In tax year 2020, the sum of forty per cent of the district's operating TPP fixed-sum levy losses and twenty per cent of its operating S.B. 3 fixed-sum levy losses.
(f) In tax year 2021, twenty per cent of the district's operating TPP fixed-sum levy losses.
No payment shall be made under division (D)(1) of this section after tax year 2021.
(2) Amounts are payable under division (D) of this section for fixed-sum levy losses only to the extent of such losses for qualifying levies that remain in effect for the current tax year. For this purpose, a qualifying levy levied under section 5705.194 or 5705.213 of the Revised Code remains in effect for the current tax year only if a tax levied under either of those sections is charged and payable for the current tax year for an annual sum at least equal to the annual sum levied by the board of education for tax year 2004 under those sections less the amount of the payment under this division.
(E)(1) For fixed-sum levies for debt purposes, payments shall be made to school districts and joint vocational school districts equal to one hundred per cent of the district's fixed-sum levy loss determined under division (E) of section 5751.20 and division (H) of section 5727.84 of the Revised Code as in effect before July 1, 2015, and paid in tax year 2014. No payment shall be made for qualifying levies that are no longer charged and payable.
(2) Beginning in 2016, by the thirty-first day of January of each year, the tax commissioner shall review the calculation of fixed-sum levy loss for debt purposes determined under division (E) of section 5751.20 and division (H) of section 5727.84 of the Revised Code as in effect before July 1, 2015. If the commissioner determines that a fixed-sum levy that had been scheduled to be reimbursed in the current year is no longer charged and payable, a revised calculation for that year and all subsequent years shall be made.
(F)(1) For taxes levied within the ten-mill limitation for debt purposes in tax year 1998 in the case of electric company tax value losses, and in tax year 1999 in the case of natural gas company tax value losses, payments shall be made to school districts and joint vocational school districts equal to one hundred per cent of the loss computed under division (D) of section 5727.85 of the Revised Code as in effect before July 1, 2015, as if the tax were a fixed-rate levy, but those payments shall extend through fiscal year 2016.
(2) For taxes levied within the ten-mill limitation for debt purposes in tax year 2005, payments shall be made to school districts and joint vocational school districts equal to one hundred per cent of the loss computed under division (D) of section 5751.21 of the Revised Code as in effect before July 1, 2015, as if the tax were a fixed-rate levy, but those payments shall extend through fiscal year 2018.
(G) If all the territory of a school district or joint vocational school district is merged with another district, or if a part of the territory of a school district or joint vocational school district is transferred to an existing or newly created district, the department of education and workforce, in consultation with the tax commissioner, shall adjust the payments made under this section as follows:
(1) For a merger of two or more districts, fixed-sum levy losses, total resources, current expense allocation, and non-current expense allocation of the successor district shall be the sum of such items for each of the districts involved in the merger.
(2) If property is transferred from one district to a previously existing district, the amount of the total resources, current expense allocation, and non-current expense allocation that shall be transferred to the recipient district shall be an amount equal to the total resources, current expense allocation, and non-current expense allocation of the transferor district times a fraction, the numerator of which is the number of pupils being transferred to the recipient district, measured, in the case of a school district, by formula ADM as defined in section 3317.02of the Revised Code or, in the case of a joint vocational school district, by formula ADM as defined for a joint vocational school district in that section, and the denominator of which is the formula ADM of the transferor district.
(3) After December 31, 2010, if property is transferred from one or more districts to a district that is newly created out of the transferred property, the newly created district shall be deemed not to have any total resources, current expense allocation, total allocation, or non-current expense allocation.
(4) If the recipient district under division (G)(2) of this section or the newly created district under division (G)(3) of this section is assuming debt from one or more of the districts from which the property was transferred and any of the districts losing the property had fixed-sum levy losses, the department of education and workforce, in consultation with the tax commissioner, shall make an equitable division of the reimbursements for those losses.
(H) The payments required by divisions (C), (D), (E), (F), and (I) of this section shall be distributed periodically to each school and joint vocational school district by the department of education and workforce unless otherwise provided for. Except as provided in division (D) of this section, if a levy that is a qualifying levy is not charged and payable in any year after 2014, payments to the school district or joint vocational school district shall be reduced to the extent that the payments distributed in fiscal year 2015 were attributable to the levy loss of that levy.
(I) For fiscal years 2022 through 2026, if the total amount to be received under divisions (C) and (E) of this section by any school district that has a nuclear power plant located within its territory is less than the amount the district received under this section in fiscal year 2017, the district shall receive a supplemental payment equal to the difference between the amount to be received under those divisions for the fiscal year and the amount received under this section in fiscal year 2017.
Sec. 5715.26. (A)(1) Upon receiving the statement required by section 5715.25 of the Revised Code, the county auditor shall forthwith add to or deduct from each tract, lot, or parcel of real property or class of real property the required percentage or amount of the valuation thereof, adding or deducting any sum less than five dollars so that the value of any separate tract, lot, or parcel of real property shall be ten dollars or some multiple thereof.
(2) After making the additions or deductions required by this section, the auditor shall transmit to the tax commissioner the appropriate adjusted abstract of the real property of each taxing district in the auditor's county in which an adjustment was required.
(3) If the commissioner increases or decreases the aggregate value of the real property or any class thereof in any county or taxing district thereof and does not receive within ninety days thereafter an adjusted abstract conforming to its statement for such county or taxing district therein, the commissioner shall withhold from such county or taxing district therein fifty per cent of its share in the distribution of state revenues to local governments pursuant to sections 5747.50 to 5747.55 of the Revised Code and shall direct the department of education and workforce to withhold therefrom fifty per cent of state revenues to school districts pursuant to Chapter 3317. of the Revised Code. The commissioner shall withhold the distribution of such funds until such county auditor has complied with this division, and the department shall withhold the distribution of such funds until the commissioner has notified the department that such county auditor has complied with this division.
(B)(1) If the commissioner's determination is appealed under section 5715.251 of the Revised Code, the county auditor, treasurer, and all other officers shall forthwith proceed with the levy and collection of the current year's taxes in the manner prescribed by law. The taxes shall be determined and collected as if the commissioner had determined under section 5715.24 of the Revised Code that the real property and the various classes thereof in the county as shown in the auditor's abstract were assessed for taxation and the true and agricultural use values were recorded on the agricultural land tax list as required by law.
(2) If as a result of the appeal to the board it is finally determined either that all real property and the various classes thereof have not been assessed as required by law or that the values set forth in the agricultural land tax list do not correctly reflect the true and agricultural use values of the lands contained therein, the county auditor shall forthwith add to or deduct from each tract, lot, or parcel of real property or class of real property the required percentage or amount of the valuation in accordance with the order of the board or judgment of the court to which the board's order was appealed, and the taxes on each tract, lot, or parcel and the percentages required by section 319.301 of the Revised Code shall be recomputed using the valuation as finally determined. The order or judgment making the final determination shall prescribe the time and manner for collecting, crediting, or refunding the resultant increases or decreases in taxes.
Sec. 5715.34. (A) When a reassessment of all real property, or any class of property, situated in the county, township, municipal corporation, or other taxing district is ordered by the tax commissioner, the county auditor, within sixty days of the receipt of such order, shall commence the reassessment in the manner provided by law and by rules prescribed and issued by the commissioner.
(B)
If a county auditor determines to reassess all real property situated
in the county prior to the time
he
the
auditor
is
ordered to do so in compliance with section 5713.01 of the Revised
Code and division (A) of this section, certifies to the tax
commissioner that
he
the
auditor
has
sufficient moneys available to do so, and requests the commissioner
to order the reassessment at a date earlier than would otherwise be
required, the commissioner shall issue an order to the auditor to do
so. The auditor shall commence the reassessment in the manner
provided by law and by rules adopted by the commissioner, within
sixty days after receiving the order.
(C) If the county auditor refuses, neglects, or fails to commence a reassessment within sixty days after receiving such order, or refuses, neglects, or fails to complete the reassessment within the time limit prescribed and set forth in such order, the tax commissioner shall withhold from such county its share in the distribution of state revenue to local government pursuant to section 5747.50 of the Revised Code and shall direct the department of education and workforce to withhold therefrom its share in the distribution of state revenue to school districts pursuant to Title XXXIII of the Revised Code. The commissioner shall withhold the distribution of such funds until such county auditor has complied with all the provisions of this section, and the department shall withhold the distribution of such funds until the commissioner has notified the department that such auditor has complied with all of the provisions of this section.
Sec. 5747.057. (A) As used in this section:
(1) "Eligible employee" means an employee who is nineteen years of age or younger and enrolled in a career-technical education program approved under section 3317.161 of the Revised Code.
(2)
"Eligible compensation" means compensation paid on and
after
the
effective date of this section
March
23, 2022,
from
which the employer is required to deduct and withhold income tax
under section 5747.06 of the Revised Code.
(B) A nonrefundable credit is allowed against a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code for a taxpayer that holds a tax credit certificate issued under this section. The credit equals the amount listed on the certificate and shall be claimed for the taxable year that includes the last day of the calendar year for which the certificate was issued. The credit shall be claimed in the order required under section 5747.98 of the Revised Code.
(C) An employer that is a taxpayer or a pass-through entity and that employs an eligible employee in fulfillment of a work-based learning experience, internship, or cooperative education program associated with the career-technical education program in which the eligible employee is enrolled may apply to the department of education and workforce for a tax credit certificate. The application shall be made on forms prescribed by the department, in consultation with the tax commissioner, on or after the first day of January and on or before the first day of February of each year. The application shall include all of the following information for the calendar year preceding the year in which the application is made:
(1) The amount of eligible compensation paid by the applicant to each of its eligible employees;
(2) The name, birth date, and social security number of each eligible employee employed by the applicant;
(3) The career-technical education program in which each eligible employee is enrolled;
(4) A description of each eligible employee's duties as part of the employee's work-based learning experience, internship, or cooperative education program;
(5) Any other information requested by the department.
(D)(1) After determining that the applicant satisfies the conditions described in division (C) of this section, the department of education and workforce shall issue, within sixty days after the receipt of a complete application under that division, a tax credit certificate to the applicant equal to the lesser of (a) fifteen per cent of the eligible compensation paid by the applicant to all eligible employees during the calendar year or (b) five thousand dollars per eligible employee, in either case subject to the limitations in division (D)(2) of this section.
(2) If the applicant pays eligible compensation to an employee who ceases to qualify as an eligible employee during the calendar year, only the eligible compensation paid to the employee while the employee qualified as an eligible employee may be used to calculate the credit amount on a tax credit certificate issued under this section. The department shall not issue certificates in a total amount that would cause the tax credits claimed in any fiscal biennium to exceed five million dollars.
(3) Each tax credit certificate issued under this section shall include a unique identification number and shall state the amount of tax credit that may be claimed. A taxpayer claiming the credit allowed under this section shall submit a copy of the certificate with the taxpayer's return or report.
(E) If a tax credit certificate is issued to a pass-through entity under this section, any taxpayer that is a direct or indirect investor in the pass-through entity on the last day of the entity's taxable year ending in the calendar year for which the certificate was issued may claim the taxpayer's distributive or proportionate share of the credit against the taxpayer's aggregate tax liability under section 5747.02 of the Revised Code.
(F) For the purpose of issuing tax credit certificates under this section, the department of education and workforce may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any student who is included on an application made pursuant to division (C) of this section as an eligible employee:
(1) The student's resident district;
(2) The district or school offering the career-technical education program in which the student is enrolled;
(3) The independent contractor engaged to create and maintain student data verification codes.
The department may not release a data verification code received under this division to any person except as authorized by law. Any document related to the tax credit authorized under this section that the department maintains in its files that contains both a student's name or other personally identifiable information and the student's data verification code is not a public record as defined in section 149.43 of the Revised Code.
Sec. 5747.72. (A) As used in this section:
(1) "Qualifying taxpayer" means a taxpayer that is an individual with a dependent who is a qualifying student.
(2)
"Qualifying student" means a student who was
excused is
exempt from
the compulsory attendance law for the purpose of home instruction
education
under
section 3321.043321.042
of
the Revised Code for the school year.
(3)
"Education expenses" means expenses or fees for any of the
following items used directly for home instruction
education
of
a qualifying student: books, supplementary materials, supplies,
computer software, applications, or subscriptions. "Education
expenses" does not include expenses or fees for computers or
similar electronic devices or accessories thereto.
(B) There is hereby allowed a nonrefundable credit against a qualifying taxpayer's aggregate tax liability under section 5747.02 of the Revised Code equal to the lesser of two hundred fifty dollars or the amount of education expenses incurred by the taxpayer in the taxable year for the benefit of one or more of the taxpayer's qualifying students. The credit shall be claimed in the order required under section 5747.98 of the Revised Code.
The tax commissioner may request that a qualifying taxpayer claiming a credit under this section furnish information as is necessary to support the claim for the credit under this section, and no credit shall be allowed unless the requested information is provided.
Sec. 5753.11. (A) As used in this section:
(1) "Public school district" means any city, local, exempted village, or joint vocational school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, or college-preparatory boarding school established under Chapter 3328. of the Revised Code. "Public school district" does not include any STEM school operated under section 3326.51 of the Revised Code.
(2) "Student population" means the number of students residing in a county who are enrolled in a public school district in grades kindergarten through twelve and the total number of preschool children with disabilities on the following dates:
(a) For the January distribution, the Friday of the first full school week in October;
(b) For the August distribution, the Friday of the first full school week in May.
(B) For the purpose of calculating student population, each public school district shall, twice annually, report to the department of education and workforce the students enrolled in the district on the days specified in division (A)(2) of this section. A student shall be considered to be enrolled in a public school district if the student is participating in education programs of the public school district and the public school district has not:
(1) Received documentation from a parent terminating enrollment of the student;
(2) Been provided documentation of a student's enrollment in another public or private school; or
(3) Ceased to offer education to the student.
If more than one public school district reports a student as enrolled, the department shall use procedures adopted by the department for the reconciliation of enrollment to determine the district of enrollment for purposes of this section. In the case of the dual enrollment of a student in a joint vocational school district and another public school district, the student shall be included in the enrollments for both schools. If the valid school district or enrollment cannot be determined in time for the certification, the count of these students shall be divided equally between the reporting districts.
(C) The department of education and workforce shall certify to the department of taxation the student population for each county and the student population for each public school district located in whole or in part in the county on or before the thirtieth day of December, for the January distribution and on or before the thirtieth day of July, for the August distribution. A student shall be included in the school district enrollment for a county only if a student resides in that county. The location of each community school shall be the enrollment area required to be defined by the community school and its sponsor in accordance with division (A)(19) of section 3314.03 of the Revised Code, the location of each STEM school shall be any county in which its enrolled students reside, and the location of the college-preparatory boarding schools shall be the territory of the school district in which the college-preparatory school is located or the territory of any city, exempted village, or local school district that has agreed to be a participating district under section 3328.04 of the Revised Code.
The student population count certified by the department of education and workforce to the department of taxation is final and shall not be adjusted by future updates to the counts.
(D) Not later than the thirty-first day of January and the thirty-first day of August of each year, the tax commissioner shall distribute funds in the gross casino revenue county student fund to public school districts. The commissioner shall calculate the amount of funds to distribute to each public school district as follows:
(1) The commissioner shall calculate the proportional share of the funds attributable to each county by dividing the total student population certified for each county by the sum of the total student population certified in all counties statewide.
(2) The commissioner shall multiply the amount in division (D)(1) of this section by the total amount of funds in the gross casino revenue county student fund to obtain the share of funds for each county.
(3) The commissioner shall multiply the amount in division (D)(2) of this section by the quotient of the student population certified for each individual district located in the county divided by the sum of the student population certified for all public school districts located in the county.
The commissioner shall distribute to each public school district the amount so calculated for each district.
Sec. 6109.21. (A) Except as provided in divisions (I) and (J) of this section, no person shall operate a public water system in this state without a license issued by the director of environmental protection.
(B) A person who proposes to operate a new public water system, in addition to complying with section 6109.07 of the Revised Code and rules adopted under it, shall obtain an initial license from the director. The person shall submit an application for the initial license at least forty-five days prior to commencing the operation of the system.
(C) A license shall expire on the thirtieth day of January in the year following its issuance.
(D) A license shall be renewed annually. A person proposing to continue operating a public water system shall apply for a license renewal at least thirty days prior to the expiration date of the license.
(E) Each application for a license or license renewal shall be accompanied by the appropriate fee established under division (M) of section 3745.11 of the Revised Code. However, an applicant for an initial license who is proposing to operate a new public water system shall submit a fee that equals a prorated amount of the appropriate fee established under that division for the remainder of the licensing year.
(F) Not later than thirty days after receiving a completed application and the appropriate license fee for a license or license renewal for a public water system, the director shall do one of the following:
(1) Issue the license or license renewal for the public water system;
(2) Issue the license or license renewal subject to terms and conditions that the director determines are necessary to ensure compliance with this chapter and rules adopted under it;
(3) Deny the license or license renewal if the director finds that the public water system cannot be operated in substantial compliance with this chapter and rules adopted under it.
(G) The director may condition, suspend, or revoke a license or license renewal issued under this section at any time if the director finds that the public water system was not or will not be operated in substantial compliance with this chapter and rules adopted under it.
(H) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures and requirements governing both of the following:
(1) Information to be included on applications for licenses and license renewals issued under this section;
(2) The issuance, conditioning, suspension, revocation, and denial of licenses and license renewals under this section.
(I)(1) As used in division (I) of this section, "church" means a fellowship of believers, congregation, society, corporation, convention, or association that is formed primarily or exclusively for religious purposes and that is not formed or operated for the private profit of any person.
(2) This section does not apply to a church that operates or maintains a public water system solely to provide water for that church or for a campground that is owned by the church and operated primarily or exclusively for members of the church and their families.
(J)
This section does not apply to any public or nonpublic school that
meets minimum standards of the state
board director
of
education
and
workforce
that
operates or maintains a public water system solely to provide water
for that school.
(K) The environmental protection agency shall collect well log filing fees on behalf of the division of water resources in the department of natural resources in accordance with section 1521.05 of the Revised Code and rules adopted under it. The fees shall be submitted to the division quarterly as provided in those rules.
Sec. 6301.04. (A) The governor shall establish a state board. The state board shall consist of the following members:
(1) The governor;
(2) Two members of the house of representatives, appointed by the speaker of the house of representatives;
(3) Two members of the senate, appointed by the president of the senate;
(4) Members required under section 101(b)(1)(C) of the Workforce Innovation and Opportunity Act, 29 U.S.C. 3111(b)(1)(C);
(5) The deputy director of primary and secondary education and the deputy director of career-technical education appointed under section 3301.13 of the Revised Code;
(6) Any additional members appointed by the governor.
(B) The governor shall appoint members to the board, who serve at the governor's pleasure, to perform duties under the Workforce Innovation and Opportunity Act, as authorized by the governor.
(C) The board is not subject to sections 101.82 to 101.87 of the Revised Code.
(D) All state agencies engaged in workforce development activities shall assist the board in the performance of its duties.
(E) The board shall have the power and authority to do all of the following:
(1) Develop, implement, and modify the state workforce development plan;
(2) Review statewide workforce policies and programs and recommendations on actions to be taken by the state to align workforce development programs to support a comprehensive and streamlined workforce development system;
(3) Recommend measures for the development and continuous improvement of the workforce development system in the state, including updating comprehensive state performance accountability measures, also known as workforce success measures;
(4) Continue to identify and disseminate information on promising practices in the area of workforce development;
(5) Perform other related work that is required of the board by the Workforce Innovation and Opportunity Act or requested by the governor.
Sec. 6301.11. (A) As used in this section, "public or private institution" means any of the following:
(1) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(2) A private, nonprofit institution in this state holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code;
(3) An Ohio technical center that provides adult technical education services as recognized by the chancellor of higher education.
(B) The state board, in connection with the department of job and family services, the department of education and workforce, and public or private institutions, shall develop a methodology for identifying jobs that are in demand by employers operating in this state. The methodology for identifying in-demand jobs shall include an analysis of both of the following:
(1) Jobs that are in demand in each region of the state, as determined by the director of job and family services;
(2) Jobs that pay a wage rate that is equal to or greater than one hundred twenty-five per cent of the wage rate established under section 6 of the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C. 206, as amended, or its successor law.
(C)
The department
of
job and family services, the department of education and workforce,
and
the public or private institutions, in consultation with the state
board, shall use the methodology to create a list of such in-demand
jobs in the state and a list of such in-demand jobs in each region of
the state. The department
of
job and family services and the department of education and workforce
shall
publish the lists on the web site
sites
of
the
each
department.
The department
departments
and
public or private institutions shall periodically update the lists to
reflect evolving workforce demands in this state and its regions.
(D) Local boards and other providers of workforce training shall use the lists of in-demand jobs to cultivate and prioritize workforce development activities that correspond to the employment needs of employers operating in this state and in each of its regions and to assist individuals in maximizing their employment opportunities.
Sec.
6301.111. The
governor's office of workforce transformation, in conjunction with
the department of job and family services
and
the department of education and workforce,
shall conduct an electronic survey of employers in this state to
identify jobs that are in demand by those employers. The office, in
conjunction with the
department
departments,
shall use the survey results to update the list of in-demand jobs
required under section 6301.11 of the Revised Code, notwithstanding
the requirement in that section that the department
departments
and
public or private institutions, as defined in that section,
periodically update that list. The office shall complete the initial
survey and make the update required under this section not later than
December 31, 2018. The office shall complete a subsequent survey and
update not later than the last day of December every two years
thereafter.
Sec.
6301.112. (A)
The governor's office of workforce transformation, in collaboration
with the departments of higher education
and,
job
and family services, and
education and workforce, shall
create and publish on the OhioMeansJobs web site a workforce supply
tool that uses real-time demand and supply data. The office shall
provide all of the following through the tool:
(1) Businesses with historical information on graduates from high demand fields;
(2) Businesses with projections on future graduates;
(3) The number of skilled workers available for work in occupations included in the list of in-demand jobs created under section 6301.11 of the Revised Code.
(B)
Not
later than January 1, 2018, the The
governor's
office of workforce transformation, in collaboration with the
departments of higher education
and,
job
and family services,
and
education and workforce,
shall
include in the workforce supply tool created under division (A) of
this section all in-demand jobs included in the list of in-demand
jobs created under section 6301.11 of the Revised Code.
(C)
Not
later than December 31, 2018, the The
governor's
office of workforce transformation, in collaboration with the
departments
department
of
higher education and the
department of education
and
workforce, shall
establish design teams. The design teams shall do both of the
following:
(1) Identify emerging skill needs based on predictive analytics and analysis of the data from the workforce supply tool created under division (A) of this section;
(2) Periodically recommend innovations for responding to emerging in-demand jobs and skills.
Sec.
6301.15. Not
later than September 1, 2014, the The
director
of job and family services, in consultation with the
superintendent of public instruction and the
director of the governor's office of workforce transformation
and
the director of education and workforce,
shall develop and maintain an online education and career planning
tool to assist students in developing education and career plans.
The
director of job and family services also shall provide information
regarding the online planning tool and all appropriate web site
links, including a link to the OhioMeansJobs web site, to the
department of education not later than that date.
The
director of job and family services shall periodically update the
online education and career planning tool and other information as
determined necessary by the director and shall provide the updates to
the department of education
and
workforce.
The
department of education
and
workforce
shall
post the information received
from the director of job and family services developed
under
this section in a prominent location on the department's web site.
Sec.
6301.21. (A)
Not
later than December 31, 2017, the The
governor's
office of workforce transformation, the department of education
and
workforce,
and the chancellor of higher education, in consultation with business
and economic development stakeholder groups, shall develop a regional
workforce collaboration model. The model shall provide guidance on
how the JobsOhio regional network, local chambers of commerce,
economic development organizations, business, business associations,
secondary and post-secondary education organizations, and Ohio
college tech prep regional centers, that are jointly managed by the
department of education
and
workforce
and
the chancellor, shall collaborate to form a partnership that provides
career services to students.
Career services to students may include, but are not limited to, job shadowing, internships, co-ops, apprenticeships, career exploration activities, and problem-based curriculum developed in alignment with in-demand jobs.
(B) The governor's office of workforce transformation shall oversee the creation of regional workforce collaboration partnerships based on the model created under division (A) of this section. The partnerships shall be located in each of the six different regions of the state, as determined by JobsOhio.
(C) As used in this section, "JobsOhio" has the same meaning as in section 187.01 of the Revised Code.
Sec. 6301.22. (A) With regard to industry-recognized credentials and certificate programs, the governor's office of workforce transformation shall act as a liaison between the business community and the department of education and workforce or the chancellor of higher education. In acting as a liaison, the governor's office of workforce transformation shall accept inquiries from the business community regarding all of the following:
(1) Industry-recognized credentials approved under section 3313.6113 of the Revised Code;
(2) Certificate programs and industry-recognized credentials included in the inventory prescribed under section 3333.94 of the Revised Code;
(3) Any other existing or proposed credential or certificate program necessary to meet the workforce needs of the state, as determined by the office.
(B) Based on inquiries submitted under division (A) of this section, the governor's office of workforce transformation shall do either of the following:
(1) Request information from the department of education and workforce regarding industry-recognized credentials approved under section 3313.6113 of the Revised Code;
(2) Request information from the chancellor regarding certificate programs and industry-recognized credentials included in the inventory prescribed under section 3333.94 of the Revised Code or offered by an institution that holds a certificate of authorization issued under Chapter 1713. of the Revised Code.
(C) Based on inquiries submitted under division (A) of this section, the governor's office of workforce transformation, in collaboration with the department of education and workforce, the chancellor, and other stakeholders, including regional education providers, determined appropriate by the office, shall convene a review of an existing or proposed industry-recognized credential or certificate program. The office shall submit the findings of the department of education and workforce or the chancellor, as appropriate, to the business that submitted the inquiry for which the review was initiated.
(D) Nothing in this section shall affect the responsibilities assigned under division (B) of section 3313.6113 of the Revised Code to the committee established under division (A) of that section or the responsibilities assigned to the chancellor under division (B) of section 3333.94 of the Revised Code.
Sec. 6301.23. (A) As used in this section:
(1) "Ohio career-technical associations" includes all of the following:
(a) The Ohio association of career and technical education;
(b) The Ohio association of career-technical superintendents;
(c) The Ohio association of comprehensive and compact career-technical schools.
(2) "Other public school" has the same meaning as in section 3301.0711 of the Revised Code.
(3) "State agency" has the same meaning as in section 1.60 of the Revised Code.
(B)
Not
later than July 1, 2021, the The
governor's
office of workforce transformation, the department of education,
and
workforce,
and
the chancellor of higher education, in consultation with Ohio
career-technical associations and other appropriate stakeholders,
shall develop model guidance for maintaining a statewide inventory of
industry-recognized credentials. The guidance shall address the
following:
(1) Methods for state agencies to efficiently and effectively organize the different categories of industry-recognized credentials in a manner that allows students, school districts, other public schools, chartered nonpublic schools, and institutions of higher education to easily understand available credentialing options, based on the unique circumstances of each individual student;
(2) The potential creation of a centralized, inter-agency database of information on all industry-recognized credentials that is accessible to the public;
(3) Methods to streamline the process to add career-technical programs to the various approved credentialing lists;
(4) Methods to increase transparency in the approval process for industry-recognized credentials.
Section 2. That existing sections 5.224, 5.281, 9.231, 9.55, 102.02, 109.57, 109.572, 109.64, 109.65, 109.71, 109.72, 109.746, 113.73, 117.46, 121.02, 121.03, 121.35, 121.37, 121.40, 121.95, 124.15, 124.382, 124.384, 125.05, 125.13, 133.06, 133.061, 135.142, 149.331, 175.30, 197.04, 319.301, 901.71, 921.06, 2151.011, 2151.353, 2151.357, 2151.362, 2305.111, 2901.01, 2903.13, 2907.03, 2917.31, 2917.46, 2923.122, 2925.01, 2950.11, 2953.34, 3301.01, 3301.07, 3301.071, 3301.072, 3301.075, 3301.076, 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0713, 3301.0714, 3301.0715, 3301.0716, 3301.0717, 3301.0718, 3301.0719, 3301.0720, 3301.0721, 3301.0723, 3301.0725, 3301.0726, 3301.0728, 3301.0730, 3301.10, 3301.11, 3301.12, 3301.121, 3301.131, 3301.133, 3301.134, 3301.135, 3301.136, 3301.14, 3301.15, 3301.16, 3301.162, 3301.163, 3301.18, 3301.19, 3301.22, 3301.221, 3301.23, 3301.27, 3301.28, 3301.30, 3301.311, 3301.40, 3301.45, 3301.49, 3301.52, 3301.521, 3301.53, 3301.54, 3301.541, 3301.55, 3301.56, 3301.57, 3301.58, 3301.59, 3301.61, 3301.62, 3301.63, 3301.64, 3301.68, 3301.70, 3301.80, 3301.81, 3301.923, 3301.94, 3301.941, 3301.948, 3302.01, 3302.02, 3302.021, 3302.03, 3302.031, 3302.032, 3302.033, 3302.034, 3302.035, 3302.036, 3302.037, 3302.038, 3302.039, 3302.04, 3302.041, 3302.042, 3302.043, 3302.05, 3302.06, 3302.062, 3302.063, 3302.066, 3302.068, 3302.07, 3302.09, 3302.10, 3302.103, 3302.11, 3302.12, 3302.13, 3302.14, 3302.15, 3302.151, 3302.17, 3302.20, 3302.21, 3302.22, 3302.25, 3302.26, 3302.41, 3302.42, 3303.02, 3303.04, 3303.05, 3303.06, 3303.20, 3304.12, 3307.01, 3307.05, 3307.31, 3309.011, 3309.48, 3309.491, 3309.51, 3310.01, 3310.02, 3310.03, 3310.031, 3310.032, 3310.033, 3310.036, 3310.07, 3310.11, 3310.13, 3310.14, 3310.15, 3310.16, 3310.17, 3310.41, 3310.411, 3310.42, 3310.51, 3310.52, 3310.521, 3310.522, 3310.53, 3310.58, 3310.59, 3310.62, 3310.63, 3310.64, 3310.70, 3311.056, 3311.08, 3311.16, 3311.17, 3311.19, 3311.191, 3311.213, 3311.214, 3311.217, 3311.218, 3311.521, 3311.53, 3311.60, 3311.71, 3311.74, 3311.741, 3311.76, 3311.86, 3311.87, 3312.01, 3312.02, 3312.04, 3312.07, 3312.08, 3312.09, 3312.13, 3313.03, 3313.25, 3313.30, 3313.413, 3313.472, 3313.48, 3313.483, 3313.484, 3313.487, 3313.488, 3313.489, 3313.4810, 3313.531, 3313.532, 3313.533, 3313.534, 3313.5310, 3313.5312, 3313.5314, 3313.56, 3313.57, 3313.60, 3313.603, 3313.605, 3313.608, 3313.6011, 3313.6013, 3313.6015, 3313.6016, 3313.6019, 3313.6020, 3313.6024, 3313.6027, 3313.61, 3313.611, 3313.612, 3313.614, 3313.615, 3313.618, 3313.619, 3313.6110, 3313.6111, 3313.6112, 3313.6113, 3313.6114, 3313.64, 3313.642, 3313.643, 3313.644, 3313.645, 3313.646, 3313.647, 3313.6410, 3313.65, 3313.66, 3313.662, 3313.671, 3313.674, 3313.71, 3313.7110, 3313.7111, 3313.7112, 3313.7113, 3313.7114, 3313.7115, 3313.7116, 3313.81, 3313.811, 3313.813, 3313.814, 3313.815, 3313.817, 3313.818, 3313.821, 3313.843, 3313.844, 3313.845, 3313.846, 3313.90, 3313.902, 3313.903, 3313.904, 3313.905, 3313.906, 3313.91, 3313.911, 3313.92, 3313.941, 3313.97, 3313.974, 3313.975, 3313.976, 3313.978, 3313.979, 3313.98, 3313.981, 3313.982, 3314.011, 3314.012, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02, 3314.021, 3314.023, 3314.025, 3314.027, 3314.029, 3314.0211, 3314.03, 3314.032, 3314.034, 3314.035, 3314.038, 3314.039, 3314.041, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.081, 3314.083, 3314.087, 3314.091, 3314.10, 3314.101, 3314.11, 3314.12, 3314.143, 3314.144, 3314.147, 3314.17, 3314.18, 3314.19, 3314.191, 3314.20, 3314.21, 3314.22, 3314.232, 3314.24, 3314.26, 3314.27, 3314.271, 3314.28, 3314.29, 3314.35, 3314.351, 3314.353, 3314.354, 3314.36, 3314.38, 3314.50, 3314.51, 3315.18, 3315.181, 3315.33, 3315.34, 3315.35, 3316.03, 3316.031, 3316.04, 3316.041, 3316.042, 3316.05, 3316.06, 3316.08, 3316.20, 3317.01, 3317.011, 3317.012, 3317.014, 3317.015, 3317.017, 3317.019, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.028, 3317.0211, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0217, 3317.0218, 3317.03, 3317.031, 3317.032, 3317.033, 3317.036, 3317.037, 3317.05, 3317.051, 3317.06, 3317.061, 3317.062, 3317.063, 3317.064, 3317.07, 3317.071, 3317.072, 3317.08, 3317.081, 3317.082, 3317.09, 3317.10, 3317.11, 3317.12, 3317.13, 3317.14, 3317.141, 3317.15, 3317.16, 3317.161, 3317.162, 3317.164, 3317.18, 3317.19, 3317.201, 3317.23, 3317.231, 3317.24, 3317.25, 3317.40, 3317.50, 3317.51, 3318.011, 3318.033, 3318.051, 3318.08, 3318.084, 3318.18, 3318.363, 3318.42, 3319.02, 3319.073, 3319.074, 3319.077, 3319.111, 3319.112, 3319.113, 3319.143, 3319.151, 3319.16, 3319.161, 3319.22, 3319.221, 3319.224, 3319.228, 3319.229, 3319.231, 3319.234, 3319.235, 3319.236, 3319.25, 3319.262, 3319.263, 3319.28, 3319.291, 3319.292, 3319.316, 3319.319, 3319.33, 3319.35, 3319.361, 3319.39, 3319.391, 3319.393, 3319.40, 3319.44, 3319.46, 3319.55, 3319.56, 3319.57, 3319.60, 3319.61, 3319.611, 3319.612, 3321.01, 3321.03, 3321.04, 3321.07, 3321.09, 3321.12, 3321.13, 3321.18, 3321.19, 3321.191, 3323.01, 3323.011, 3323.02, 3323.021, 3323.022, 3323.03, 3323.04, 3323.041, 3323.05, 3323.051, 3323.052, 3323.06, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142, 3323.15, 3323.17, 3323.19, 3323.20, 3323.25, 3323.251, 3323.32, 3323.33, 3324.01, 3324.02, 3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3324.08, 3324.09, 3324.10, 3324.11, 3325.01, 3325.011, 3325.02, 3325.03, 3325.04, 3325.05, 3325.06, 3325.07, 3325.071, 3325.08, 3325.09, 3325.11, 3325.12, 3325.13, 3325.14, 3325.16, 3325.17, 3326.02, 3326.03, 3326.032, 3326.04, 3326.08, 3326.081, 3326.15, 3326.17, 3326.211, 3326.23, 3326.28, 3326.30, 3326.32, 3326.34, 3326.35, 3326.36, 3326.37, 3326.45, 3326.51, 3326.60, 3327.01, 3327.011, 3327.012, 3327.018, 3327.02, 3327.021, 3327.05, 3327.08, 3327.10, 3327.101, 3327.13, 3327.14, 3327.16, 3328.01, 3328.02, 3328.04, 3328.11, 3328.12, 3328.13, 3328.15, 3328.18, 3328.23, 3328.26, 3328.29, 3328.30, 3328.31, 3328.34, 3328.35, 3328.37, 3328.38, 3328.45, 3328.50, 3329.01, 3329.03, 3329.10, 3331.01, 3331.02, 3331.04, 3331.08, 3332.02, 3332.03, 3332.04, 3333.04, 3333.041, 3333.048, 3333.0411, 3333.0415, 3333.07, 3333.162, 3333.167, 3333.21, 3333.31, 3333.34, 3333.35, 3333.37, 3333.39, 3333.391, 3333.43, 3333.66, 3333.70, 3333.82, 3333.86, 3333.87, 3333.91, 3335.36, 3335.61, 3343.05, 3345.06, 3345.061, 3345.062, 3345.86, 3353.02, 3365.01, 3365.02, 3365.03, 3365.032, 3365.033, 3365.034, 3365.035, 3365.04, 3365.05, 3365.06, 3365.07, 3365.071, 3365.08, 3365.09, 3365.091, 3365.10, 3365.12, 3365.15, 3375.01, 3701.507, 3701.78, 3705.36, 3707.58, 3707.59, 3734.62, 3737.22, 3742.32, 3745.21, 3781.106, 3781.11, 3798.01, 4109.01, 4109.06, 4109.07, 4109.22, 4112.04, 4112.12, 4117.10, 4117.102, 4141.01, 4141.47, 4506.09, 4506.10, 4507.21, 4508.01, 4511.21, 4511.75, 4511.76, 4709.07, 4709.10, 4713.02, 4732.10, 4735.09, 4742.02, 4742.03, 4742.05, 4742.06, 4742.07, 4743.03, 4747.10, 4757.41, 4758.61, 4779.13, 5101.061, 5101.34, 5103.02, 5103.08, 5103.13, 5103.55, 5104.01, 5104.015, 5104.02, 5104.053, 5104.08, 5104.29, 5104.30, 5107.281, 5107.287, 5107.40, 5107.62, 5120.031, 5120.07, 5120.091, 5123.022, 5123.023, 5123.025, 5123.026, 5123.0423, 5126.04, 5126.05, 5126.23, 5126.24, 5139.34, 5145.06, 5162.363, 5162.365, 5502.262, 5502.263, 5513.04, 5703.21, 5705.216, 5705.391, 5705.412, 5709.07, 5709.92, 5715.26, 5715.34, 5747.057, 5747.72, 5753.11, 6109.21, 6301.04, 6301.11, 6301.111, 6301.112, 6301.15, 6301.21, 6301.22, and 6301.23 of the Revised Code are hereby repealed.
Section 3. That sections 3301.13, 3302.101, and 3302.102 of the Revised Code are hereby repealed.
Section 4. That the versions of sections 921.06, 3301.071, 3309.011, 3319.22, 3319.229, 3319.262, 3319.28, 3319.361, 3327.10, 4709.07, 4709.10, 4732.10, 4735.09, and 4747.10 of the Revised Code that are scheduled to take effect December 29, 2023, be amended to read as follows:
Sec. 921.06. (A)(1) No individual shall do any of the following without having a commercial applicator license issued by the director of agriculture:
(a) Apply pesticides for a pesticide business without direct supervision;
(b) Apply pesticides as part of the individual's duties while acting as an employee of the United States government, a state, county, township, or municipal corporation, or a park district, port authority, or sanitary district created under Chapter 1545., 4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of this section does not apply to a private applicator or an immediate family member or a subordinate employee of a private applicator who is acting under the direct supervision of that private applicator.
(d) If the individual is the owner of a business other than a pesticide business or an employee of such an owner, apply pesticides at any of the following publicly accessible sites that are located on the property:
(i) Food service operations that are licensed under Chapter 3717. of the Revised Code;
(ii) Retail food establishments that are licensed under Chapter 3717. of the Revised Code;
(iii) Golf courses;
(iv) Rental properties of more than four apartment units at one location;
(v) Hospitals or medical facilities as defined in section 3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers as defined in section 5104.01 of the Revised Code;
(vii)
Facilities owned or operated by a school district established under
Chapter 3311. of the Revised Code, including an educational service
center, a community school established under Chapter 3314. of the
Revised Code, or a chartered or nonchartered nonpublic school that
meets minimum standards established by the state
board director
of
education
and
workforce;
(viii) State institutions of higher education as defined in section 3345.011 of the Revised Code, nonprofit institutions holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code, institutions holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code, and private institutions exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code;
(ix) Food processing establishments as defined in section 3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply to an individual who is acting as a trained serviceperson under the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. The fee for each such license shall be established by rule. If a license is not issued or renewed, the application fee shall be retained by the state as payment for the reasonable expense of processing the application. The director shall by rule classify by pesticide-use category licenses to be issued under this section. A single license may include more than one pesticide-use category. No individual shall be required to pay an additional license fee if the individual is licensed for more than one category.
The fee for each license or renewal does not apply to an applicant who is an employee of the department of agriculture whose job duties require licensure as a commercial applicator as a condition of employment.
(B) Application for a commercial applicator license shall be made on a form prescribed by the director. Each application for a license shall state the pesticide-use category or categories of license for which the applicant is applying and other information that the director determines essential to the administration of this chapter.
(C)(1) Except as provided in division (C)(2) of this section, if the director finds that the applicant is competent to apply pesticides and conduct diagnostic inspections and that the applicant has passed both the general examination and each applicable pesticide-use category examination as required under division (A) of section 921.12 of the Revised Code, the director shall issue a commercial applicator license limited to the pesticide-use category or categories for which the applicant is found to be competent. If the director rejects an application, the director may explain why the application was rejected, describe the additional requirements necessary for the applicant to obtain a license, and return the application. The applicant may resubmit the application without payment of any additional fee.
(2) The director shall issue a commercial applicator license in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(a) The individual holds a commercial applicator license in another state.
(b) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a commercial applicator in a state that does not issue that license.
A license issued under this division shall be limited to the pesticide-use category or categories for which the applicant is licensed in another state or has satisfactory work experience, a government certification, or a private certification in that state.
(D)(1) A person who is a commercial applicator shall be deemed to hold a private applicator's license for purposes of applying pesticides on agricultural commodities that are produced by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in the pesticide-use category or categories in which the applicator is licensed under this chapter.
(E) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
Sec. 3301.071. (A)(1) Except as provided in division (E) of this section, in the case of nontax-supported schools, standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification, without further educational requirements, of any administrator, supervisor, or teacher who has attended and received a bachelor's degree from a college or university accredited by a national or regional association in the United States except that, at the discretion of the state board of education, this requirement may be met by having an equivalent degree from a foreign college or university of comparable standing.
(2) Except as provided in division (E) of this section, in the case of nonchartered, nontax-supported schools, the standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification, without further educational requirements, of any administrator, supervisor, or teacher who has attended and received a diploma from a "bible college" or "bible institute" described in division (E) of section 1713.02 of the Revised Code.
(3) A certificate issued under division (A)(3) of this section shall be valid only for teaching foreign language, music, religion, computer technology, or fine arts.
Notwithstanding division (A)(1) of this section and except as provided in division (E) of this section, the standards for teacher certification prescribed under section 3301.07 of the Revised Code shall provide for certification of a person as a teacher upon receipt by the state board of an affidavit signed by the chief administrative officer of a chartered nonpublic school seeking to employ the person, stating that the person meets one of the following conditions:
(a) The person has specialized knowledge, skills, or expertise that qualifies the person to provide instruction.
(b) The person has provided to the chief administrative officer evidence of at least three years of teaching experience in a public or nonpublic school.
(c) The person has provided to the chief administrative officer evidence of completion of a teacher training program named in the affidavit.
(B)
Each person applying for a certificate under this section for
purposes of serving in a nonpublic school chartered by the state
board director
of education and workforce under
section 3301.16 of the Revised Code shall pay a fee in the amount
established under division (A) of section 3319.51 of the Revised
Code. Any fees received under this division shall be paid into the
state treasury to the credit of the state board of education
certification fund established under division (B) of section 3319.51
of the Revised Code.
(C)
A person applying for or holding any certificate pursuant to this
section for purposes of serving in a nonpublic school chartered by
the state
board director
is
subject to sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under section 3123.63 of the Revised Code
and sections 3319.31 and 3319.311 of the Revised Code.
(D) Divisions (B) and (C) of this section and sections 3319.291, 3319.31, and 3319.311 of the Revised Code do not apply to any administrators, supervisors, or teachers in nonchartered, nontax-supported schools.
(E) The state board shall issue a certificate to serve in a nonpublic school as an administrator, supervisor, or teacher in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a certificate in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a nonpublic school administrator, supervisor, or teacher in a state that does not issue one or more of those certificates.
Sec. 3309.011. "Employee" as defined in division (B) of section 3309.01 of the Revised Code, does not include any of the following:
(A)
Any person having a license or registration issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as determined
by the state
board department
of
education
and
workforce,
under programs provided for by federal acts or regulations and
financed in whole or in part from federal funds, but for which no
licensure requirements for the position can be made under the
provisions of such federal acts or regulations;
(B) Any person who participates in an alternative retirement plan established under Chapter 3305. of the Revised Code;
(C) Any person who elects to transfer from the school employees retirement system to the public employees retirement system under section 3309.312 of the Revised Code;
(D) Any person whose full-time employment by the university of Akron as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code commences on or after September 16, 1998;
(E) Any person described in division (B) of section 3309.013 of the Revised Code;
(F) Any person described in division (D) of section 145.011 of the Revised Code;
(G) Any person described in division (B)(1)(b) or (g) of section 3307.01 of the Revised Code.
Sec. 3319.22. (A)(1) The state board of education shall issue the following educator licenses:
(a) A resident educator license, which shall be valid for two years and shall be renewable for reasons specified by rules adopted by the state board pursuant to division (A)(3) of this section. The state board, on a case-by-case basis, may extend the license's duration as necessary to enable the license holder to complete the Ohio teacher residency program established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for five years and shall be renewable;
(c) A senior professional educator license, which shall be valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be valid for five years and shall be renewable.
Licenses issued under division (A)(1) of this section on and after November 2, 2018, shall specify whether the educator is licensed to teach grades pre-kindergarten through five, grades four through nine, or grades seven through twelve. The changes to the grade band specifications under this amendment shall not apply to a person who holds a license under division (A)(1) of this section prior to November 2, 2018. Further, the changes to the grade band specifications under this amendment shall not apply to any license issued to teach in the area of computer information science, bilingual education, dance, drama or theater, world language, health, library or media, music, physical education, teaching English to speakers of other languages, career-technical education, or visual arts or to any license issued to an intervention specialist, including a gifted intervention specialist, or to any other license that does not align to the grade band specifications.
(2)(a) Except as provided in division (A)(2)(b) of this section, the state board may issue any additional educator licenses of categories, types, and levels the board elects to provide.
(b) Not later than December 31, 2024, the state board shall cease licensing school psychologists. The state board shall coordinate with the state board of psychology to transition to licensure under Chapter 4732. of the Revised Code any school psychologists licensed under rules adopted in accordance with sections 3301.07 and 3319.22 of the Revised Code.
(3) Except as provided in division (I) of this section, the state board shall adopt rules establishing the standards and requirements for obtaining each educator license issued under this section. The rules shall also include the reasons for which a resident educator license may be renewed under division (A)(1)(a) of this section.
(B) Except as provided in division (I) of this section, the rules adopted under this section shall require at least the following standards and qualifications for the educator licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold at least a bachelor's degree from an accredited teacher preparation program or be a participant in the teach for America program and meet the qualifications required under section 3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have successfully completed the Ohio teacher residency program established under section 3319.223 of the Revised Code, if the applicant's current or most recently issued license is a resident educator license issued under this section or an alternative resident educator license issued under section 3319.26 of the Revised Code.
(3) An applicant for a senior professional educator license shall:
(a) Hold at least a master's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have previously held a professional educator license issued under this section or section 3319.222 or under former section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished level of performance, as described in the standards for teachers adopted by the state board under section 3319.61 of the Revised Code.
(4) An applicant for a lead professional educator license shall:
(a) Hold at least a master's degree from an institution of higher education accredited by a regional accrediting organization;
(b) Have previously held a professional educator license or a senior professional educator license issued under this section or a professional educator license issued under section 3319.222 or former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of performance, as described in the standards for teachers adopted by the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national board for professional teaching standards or meet the criteria for a master teacher or other criteria for a lead teacher adopted by the educator standards board under division (F)(4) or (5) of section 3319.61 of the Revised Code.
(C) The state board shall align the standards and qualifications for obtaining a principal license with the standards for principals adopted by the state board under section 3319.61 of the Revised Code.
(D)
If the state board requires any examinations for educator licensure,
the department
of education state
board shall
provide the results of such examinations received by the department
state
board to
the chancellor of higher education, in the manner and to the extent
permitted by state and federal law.
(E)
Any rules the state board of education adopts, amends, or rescinds
for educator licenses under this section,
division (D) of section 3301.07 of the Revised Code,
or
any other law shall be adopted, amended, or rescinded under Chapter
119. of the Revised Code except as follows:
(1) Notwithstanding division (E) of section 119.03 and division (A)(1) of section 119.04 of the Revised Code, in the case of the adoption of any rule or the amendment or rescission of any rule that necessitates institutions' offering preparation programs for educators and other school personnel that are approved by the chancellor of higher education under section 3333.048 of the Revised Code to revise the curriculum of those programs, the effective date shall not be as prescribed in division (E) of section 119.03 and division (A)(1) of section 119.04 of the Revised Code. Instead, the effective date of such rules, or the amendment or rescission of such rules, shall be the date prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind emergency rules in division (G) of section 119.03 of the Revised Code, this authority shall not apply to the state board of education with regard to rules for educator licenses.
(F)(1)
The rules adopted under this section establishing standards requiring
additional coursework for the renewal of any educator license shall
require a school district and a chartered nonpublic school to
establish local professional development committees. In a nonpublic
school, the chief administrative officer shall establish the
committees in any manner acceptable to such officer. The committees
established under this division shall determine whether coursework
that a district or chartered nonpublic school teacher proposes to
complete meets the requirement of the rules. The department
of education state
board shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards adopted
by
the state board of education pursuant
to section 3319.61 of the Revised Code into their review of
coursework that is appropriate for license renewal. The rules shall
establish a procedure by which a teacher may appeal the decision of a
local professional development committee.
(2) In any school district in which there is no exclusive representative established under Chapter 4117. of the Revised Code, the professional development committees shall be established as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under this section, the board of education of each school district shall establish the structure for one or more local professional development committees to be operated by such school district. The committee structure so established by a district board shall remain in effect unless within thirty days prior to an anniversary of the date upon which the current committee structure was established, the board provides notice to all affected district employees that the committee structure is to be modified. Professional development committees may have a district-level or building-level scope of operations, and may be established with regard to particular grade or age levels for which an educator license is designated.
Each professional development committee shall consist of at least three classroom teachers employed by the district, one principal employed by the district, and one other employee of the district appointed by the district superintendent. For committees with a building-level scope, the teacher and principal members shall be assigned to that building, and the teacher members shall be elected by majority vote of the classroom teachers assigned to that building. For committees with a district-level scope, the teacher members shall be elected by majority vote of the classroom teachers of the district, and the principal member shall be elected by a majority vote of the principals of the district, unless there are two or fewer principals employed by the district, in which case the one or two principals employed shall serve on the committee. If a committee has a particular grade or age level scope, the teacher members shall be licensed to teach such grade or age levels, and shall be elected by majority vote of the classroom teachers holding such a license and the principal shall be elected by all principals serving in buildings where any such teachers serve. The district superintendent shall appoint a replacement to fill any vacancy that occurs on a professional development committee, except in the case of vacancies among the elected classroom teacher members, which shall be filled by vote of the remaining members of the committee so selected.
Terms of office on professional development committees shall be prescribed by the district board establishing the committees. The conduct of elections for members of professional development committees shall be prescribed by the district board establishing the committees. A professional development committee may include additional members, except that the majority of members on each such committee shall be classroom teachers employed by the district. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which a predecessor was appointed shall hold office as a member for the remainder of that term.
The initial meeting of any professional development committee, upon election and appointment of all committee members, shall be called by a member designated by the district superintendent. At this initial meeting, the committee shall select a chairperson and such other officers the committee deems necessary, and shall adopt rules for the conduct of its meetings. Thereafter, the committee shall meet at the call of the chairperson or upon the filing of a petition with the district superintendent signed by a majority of the committee members calling for the committee to meet.
(3) In the case of a school district in which an exclusive representative has been established pursuant to Chapter 4117. of the Revised Code, professional development committees shall be established in accordance with any collective bargaining agreement in effect in the district that includes provisions for such committees.
If the collective bargaining agreement does not specify a different method for the selection of teacher members of the committees, the exclusive representative of the district's teachers shall select the teacher members.
If the collective bargaining agreement does not specify a different structure for the committees, the board of education of the school district shall establish the structure, including the number of committees and the number of teacher and administrative members on each committee; the specific administrative members to be part of each committee; whether the scope of the committees will be district levels, building levels, or by type of grade or age levels for which educator licenses are designated; the lengths of terms for members; the manner of filling vacancies on the committees; and the frequency and time and place of meetings. However, in all cases, except as provided in division (F)(4) of this section, there shall be a majority of teacher members of any professional development committee, there shall be at least five total members of any professional development committee, and the exclusive representative shall designate replacement members in the case of vacancies among teacher members, unless the collective bargaining agreement specifies a different method of selecting such replacements.
(4) Whenever an administrator's coursework plan is being discussed or voted upon, the local professional development committee shall, at the request of one of its administrative members, cause a majority of the committee to consist of administrative members by reducing the number of teacher members voting on the plan.
(G)(1) The department of education and workforce, educational service centers, county boards of developmental disabilities, college and university departments of education, head start programs, and the Ohio education computer network may establish local professional development committees to determine whether the coursework proposed by their employees who are licensed or certificated under this section or section 3319.222 of the Revised Code, or under the former version of either section as it existed prior to October 16, 2009, meet the requirements of the rules adopted under this section. They may establish local professional development committees on their own or in collaboration with a school district or other agency having authority to establish them.
Local
professional development committees established by county boards of
developmental disabilities shall be structured in a manner comparable
to the structures prescribed for school districts in divisions (F)(2)
and (3) of this section, as shall the committees established by any
other entity specified in division (G)(1) of this section that
provides educational services by employing or contracting for
services of classroom teachers licensed or certificated under this
section or section 3319.222 of the Revised Code, or under the former
version of either section as it existed prior to October 16, 2009.
All other entities specified in division (G)(1) of this section shall
structure their committees in accordance with guidelines which shall
be issued by the
state
board
department.
(2) Educational service centers may establish local professional development committees to serve educators who are not employed in schools in this state, including pupil services personnel who are licensed under this section. Local professional development committees shall be structured in a manner comparable to the structures prescribed for school districts in divisions (F)(2) and (3) of this section.
These committees may agree to review the coursework, continuing education units, or other equivalent activities related to classroom teaching or the area of licensure that is proposed by an individual who satisfies both of the following conditions:
(a) The individual is licensed or certificated under this section or under the former version of this section as it existed prior to October 16, 2009.
(b) The individual is not currently employed as an educator or is not currently employed by an entity that operates a local professional development committee under this section.
Any committee that agrees to work with such an individual shall work to determine whether the proposed coursework, continuing education units, or other equivalent activities meet the requirements of the rules adopted by the state board under this section.
(3)
Any public agency that is not specified in division (G)(1) or (2) of
this section but provides educational services and employs or
contracts for services of classroom teachers licensed or certificated
under this section or section 3319.222 of the Revised Code, or under
the former version of either section as it existed prior to October
16, 2009, may establish a local professional development committee,
subject to the approval of the department of education
and
workforce.
The committee shall be structured in accordance with guidelines
issued by the
state
board
department.
(H) Not later than July 1, 2016, the state board, in accordance with Chapter 119. of the Revised Code, shall adopt rules pursuant to division (A)(3) of this section that do both of the following:
(1) Exempt consistently high-performing teachers from the requirement to complete any additional coursework for the renewal of an educator license issued under this section or section 3319.26 of the Revised Code. The rules also shall specify that such teachers are exempt from any requirements prescribed by professional development committees established under divisions (F) and (G) of this section.
(2) For purposes of division (H)(1) of this section, the state board shall define the term "consistently high-performing teacher."
(I) The state board shall issue a resident educator license, professional educator license, senior professional educator license, lead professional educator license, or any other educator license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a resident educator, professional educator, senior professional educator, lead professional educator, or any other type of educator in a state that does not issue one or more of those licenses.
Sec. 3319.229. (A)(1) Notwithstanding the repeal of former section 3319.229 of the Revised Code by S.B. 216 of the 132nd general assembly, the state board of education shall accept applications for new, and for renewal of, professional career-technical teaching licenses through June 30, 2019, and issue them on the basis of the applications received by that date in accordance with the rules described in that former section. Except as otherwise provided in divisions (A)(2) and (3) of this section, beginning July 1, 2019, the state board shall issue career-technical workforce development educator licenses only under this section.
(2) An individual who, on July 1, 2019, holds a professional career-technical teaching license issued under the rules described in former section 3319.229 of the Revised Code, may continue to renew that license in accordance with those rules for the remainder of the individual's teaching career. However, nothing in this division shall be construed to prohibit the individual from applying to the state board for a career-technical workforce development educator license under this section.
(3) An individual who, on July 1, 2019, holds an alternative resident educator license for teaching career-technical education issued under section 3319.26 of the Revised Code may, upon the expiration of the license, apply for a professional career-technical teaching license issued under the rules described in former section 3319.229 of the Revised Code. Such an individual may continue to renew the professional license in accordance with those rules for the remainder of the individual's teaching career. However, nothing in this division shall be construed to prohibit the individual from applying to the state board for a career-technical workforce development educator license under this section.
(B) Except as provided in division (G) of this section, the state board, in collaboration with the chancellor of higher education, shall adopt rules establishing standards and requirements for obtaining a two-year initial career-technical workforce development educator license and a five-year advanced career-technical workforce development educator license. Each license shall be valid for teaching career-technical education or workforce development programs in grades four through twelve. The rules shall require applicants for either license to have a high school diploma or a certificate of high school equivalence as awarded under section 3301.80 of the Revised Code or as recognized as the equivalent of such certificate under division (C) of that section.
(C)(1)
Except as provided in division (G) of this section, the state board
shall issue an initial career-technical workforce development
educator license to an applicant upon request from the superintendent
of a school district that has agreed to employ the applicant. In
making the request, the superintendent shall provide documentation,
in accordance with procedures prescribed by the department
of educationstate
board,
showing that the applicant has at least five years of work
experience, or the equivalent, in the subject area in which the
applicant will teach. The license shall be valid for teaching only in
the requesting district. The superintendent also shall provide
documentation, in accordance with procedures prescribed by the
department
state
board,
that the applicant is enrolled in a career-technical workforce
development educator preparation program offered by an institution of
higher education that has an existing teacher preparatory program in
place that meets all of the following criteria:
(a) Is approved by the chancellor of higher education to provide instruction in teaching methods and principles;
(b) Provides classroom support to the license holder;
(c) Includes at least three semester hours of coursework in the teaching of reading in the subject area;
(d) Is aligned with career-technical education and workforce development competencies developed by the department of education and workforce;
(e) Uses a summative performance-based assessment developed by the program and aligned to the competencies described in division (C)(1)(d) of this section to evaluate the license holder's knowledge and skills;
(f) Consists of not less than twenty-four semester hours of coursework, or the equivalent.
(2) As a condition of continuing to hold the initial career-technical workforce development license, the holder of the license shall be participating in a career-technical workforce development educator preparation program described in division (C)(1) of this section.
(3) The state board shall renew an initial career-technical workforce development educator license if the supervisor of the program described in division (C)(1) of this section and the superintendent of the employing school district indicate that the applicant is making sufficient progress in both the program and the teaching position.
(D) Except as provided in division (G) of this section, the state board shall issue an advanced career-technical workforce development educator license to an applicant who has successfully completed the program described in division (C)(1) of this section, as indicated by the supervisor of the program, and who demonstrates mastery of the applicable career-technical education and workforce development competencies described in division (C)(1)(d) of this section in the teaching position, as indicated by the superintendent of the employing school district.
(E) The holder of an advanced career-technical workforce development educator license shall work with a local professional development committee established under section 3319.22 of the Revised Code in meeting requirements for renewal of the license.
(F) Notwithstanding the provisions of section 3319.226 of the Revised Code, the state board shall not require any applicant for an educator license for substitute teaching who holds a license issued under this section to hold a post-secondary degree in order to be issued a license under section 3319.226 of the Revised Code to work as a substitute teacher for career-technical education classes.
(G) The state board shall issue a license to practice as an initial career-technical workforce development educator or advanced career-technical workforce development educator in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a career-technical workforce development educator in a state that does not issue one or both of those licenses.
Sec. 3319.262. (A) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board of education to the contrary and except as provided in division (C) of this section, the state board shall adopt rules establishing standards and requirements for obtaining a nonrenewable four-year initial early college high school educator license for teaching grades seven through twelve at an early college high school described in section 3313.6013 of the Revised Code to any applicant who meets the following conditions:
(1)
Has a graduate or terminal degree from an accredited institution of
higher education in a field related to the subject area to be taught,
as determined by the
department
of education
state
board;
(2) Has obtained a passing score on an examination in the subject area to be taught, as prescribed by the state board;
(3) Has experience teaching students at any grade level, including post-secondary students;
(4) Has proof that an early college high school intends to employ the applicant pending a valid license under this section.
An individual licensed under this section shall be subject to sections 3319.291 and 3319.39 of the Revised Code. An initial educator license issued under division (A) of this section shall be valid for teaching only at the employing school described in division (A)(4) of this section.
(B) After four years of teaching under an initial early college high school educator license issued under this section, an individual may apply for a renewable five-year professional educator license in the same subject area named in the initial license. The state board shall issue the applicant a professional educator license if the applicant attains a passing score on an assessment of professional knowledge prescribed by the state board. Nothing in division (B) of this section shall be construed to prohibit an individual from applying for a professional educator license under section 3319.22 of the Revised Code.
(C) The state board shall issue an initial early college high school educator license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an early college high school educator in a state that does not issue that license.
Sec. 3319.28. (A) As used in this section, "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(B) Notwithstanding any other provision of the Revised Code or any rule adopted by the state board of education to the contrary and except as provided in division (F) of this section, the state board shall issue a two-year provisional educator license for teaching science, technology, engineering, or mathematics in grades six through twelve in a STEM school to any applicant who meets the following conditions:
(1) Holds a bachelor's degree from an accredited institution of higher education in a field related to the subject area to be taught;
(2) Has passed an examination prescribed by the state board in the subject area to be taught.
(C) The holder of a provisional educator license issued under this section shall complete a structured apprenticeship program provided by an educational service center or a teacher preparation program approved under section 3333.048 of the Revised Code, in partnership with the STEM school that employs the license holder. The apprenticeship program shall include the following:
(1) Mentoring by a teacher or administrator who regularly observes the license holder's classroom instruction, provides feedback on the license holder's teaching strategies and classroom management, and engages the license holder in discussions about methods for fostering and measuring student learning;
(2) Regularly scheduled seminars or meetings that address the following topics:
(a)
The statewide academic standards adopted by
the state board under
section 3301.079 of the Revised Code and the importance of aligning
curriculum with those standards;
(b) The achievement assessments prescribed by section 3301.0710 of the Revised Code;
(c) The school district and building accountability system established under Chapter 3302. of the Revised Code;
(d) Instructional methods and strategies;
(e) Student development;
(f) Assessing student progress and providing remediation and intervention, as necessary, to meet students' special needs;
(g) Classroom management and record keeping.
(D) After two years of teaching under a provisional educator license issued under this section, a person may apply for a five-year professional educator license in the same subject area named in the provisional license. The state board shall issue the applicant a professional educator license if the applicant meets the following conditions:
(1) The applicant completed the apprenticeship program described in division (C) of this section.
(2) The applicant receives a positive recommendation indicating that the applicant is an effective teacher from both of the following:
(a) The chief administrative officer of the STEM school that most recently employed the applicant as a classroom teacher;
(b) The educational service center or teacher preparation program administrator in charge of the apprenticeship program completed by the applicant.
(3) The applicant meets all other requirements for a professional educator license adopted by the state board under section 3319.22 of the Revised Code.
(E)
The department
of education state
board shall
evaluate the experiences of STEM schools with classroom teachers
holding provisional educator licenses issued under this section. The
evaluation shall cover the first two school years for which licenses
are issued and shall consider at least the schools' satisfaction with
the teachers and the operation of the apprenticeship programs.
(F) The state board shall issue a provisional educator license for teaching in a STEM school in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a STEM educator in a state that does not issue that license.
Sec. 3319.361. (A) Except as provided in division (F) of this section, the state board of education shall establish rules for the issuance of a supplemental teaching license. This license shall be issued at the request of the superintendent of a city, local, exempted village, or joint vocational school district, educational service center, or the governing authority of a STEM school, chartered nonpublic school, or community school to an individual who meets all of the following criteria:
(1) Holds a current professional or permanent Ohio teaching certificate or resident educator license, professional educator license, senior professional educator license, or lead professional educator license, as issued under section 3319.22 or 3319.26 of the Revised Code;
(2) Is of good moral character;
(3) Is employed in a supplemental licensure area or teaching field, as defined by the state board;
(4) Completes an examination prescribed by the state board in the licensure area;
(5) Completes, while employed under the supplemental teaching license and subsequent renewals thereof, additional coursework, if applicable, and testing requirements for full licensure in the supplemental area as a condition of holding and teaching under a supplemental teaching license.
(B) The employing school district, service center, or school shall assign a mentor to the individual holding a supplemental teaching license. The assigned mentor shall be an experienced teacher who currently holds a license in the same, or a related, content area as the supplemental license.
(C)
Before the department
of education state
board will
issue an individual a supplemental teaching license in another area,
the supplemental licensee must complete the supplemental licensure
program, or its equivalent, and be issued a standard teaching license
in the area of the currently held supplemental license.
(D) An individual may advance from a supplemental teaching license to a standard teaching license upon:
(1) Verification from the employing superintendent or governing authority that the individual holding the supplemental teaching license has taught successfully in the licensure area for a minimum of two years; and
(2) Completing requirements as applicable to the licensure area or teaching field as established by the state board.
(E) A licensee who has filed an application under this section may work in the supplemental licensure area for up to sixty school days while completing the requirements in division (A)(4) of this section. If the requirements are not completed within sixty days, the application shall be declined.
(F) The state board shall issue a supplemental teaching license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an educator providing supplemental instruction in a state that does not issue that license.
Sec.
3327.10. (A)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van, owned and
operated by any school district or educational service center or
privately owned and operated under contract with any school district
or service center in this state, who has not received a certificate
from either the educational service center governing board that has
entered into an agreement with the school district under section
3313.843 or 3313.845 of the Revised Code or the superintendent of the
school district, certifying that such person is at least eighteen
years of age and is qualified physically and otherwise for such
position. The service center governing board or the superintendent,
as the case may be, shall provide for an annual physical examination
that conforms with rules adopted by the state
board department
of
education and
workforce of
each driver to ascertain the driver's physical fitness for such
employment. The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(1) of this section, or upon a conviction or a guilty plea for a violation, or any other action, that results in a loss or suspension of driving rights. Failure to comply with such division may be cause for disciplinary action or termination of employment under division (C) of section 3319.081, or section 124.34 of the Revised Code.
(B)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van not subject to the
rules of the department of
education pursuant
to division (A) of this section who has not received a certificate
from the school administrator or contractor certifying that such
person is at least eighteen years of age and is qualified physically
and otherwise for such position. Each driver shall have an annual
physical examination which conforms to the state highway patrol
rules, ascertaining the driver's physical fitness for such
employment. The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. or 4734. of the Revised Code or by another state to practice medicine and surgery, osteopathic medicine and surgery, or chiropractic;
(2) A physician assistant;
(3) A certified nurse practitioner;
(4) A clinical nurse specialist;
(5) A certified nurse-midwife;
(6) A medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration in accordance with 49 C.F.R. part 390.
Any written documentation of the physical examination shall be completed by the individual who performed the examination.
Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must give satisfactory and sufficient bond except a driver who is an employee of a school district and who drives a bus or motor van owned by the school district.
(D) No person employed as driver of a school bus or motor van under this section who is convicted of a traffic violation or who has had the person's commercial driver's license suspended shall drive a school bus or motor van until the person has filed a written notice of the conviction or suspension, as follows:
(1) If the person is employed under division (A) of this section, the person shall file the notice with the superintendent, or a person designated by the superintendent, of the school district for which the person drives a school bus or motor van as an employee or drives a privately owned and operated school bus or motor van under contract.
(2) If employed under division (B) of this section, the person shall file the notice with the employing school administrator or contractor, or a person designated by the administrator or contractor.
(E) In addition to resulting in possible revocation of a certificate as authorized by divisions (A) and (B) of this section, violation of division (D) of this section is a minor misdemeanor.
(F)(1) Not later than thirty days after June 30, 2007, each owner of a school bus or motor van shall obtain the complete driving record for each person who is currently employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for the first time before the owner has obtained the person's complete driving record. Thereafter, the owner of a school bus or motor van shall obtain the person's driving record not less frequently than semiannually if the person remains employed or otherwise authorized to drive the school bus or motor van. An owner of a school bus or motor van shall not permit a person to resume operating a school bus or motor van, after an interruption of one year or longer, before the owner has obtained the person's complete driving record.
(2) The owner of a school bus or motor van shall not permit a person to operate the school bus or motor van for ten years after the date on which the person pleads guilty to or is convicted of a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance.
(3)
An owner of a school bus or motor van shall not permit any person to
operate such a vehicle unless the person meets all other requirements
contained in rules adopted by the state
board of education department
prescribing
qualifications of drivers of school buses and other student
transportation.
(G) No superintendent of a school district, educational service center, community school, or public or private employer shall permit the operation of a vehicle used for pupil transportation within this state by an individual unless both of the following apply:
(1)
Information pertaining to that driver has been submitted to the
department
of
education,
pursuant to procedures adopted by that department. Information to be
reported shall include the name of the employer or school district,
name of the driver, driver license number, date of birth, date of
hire, status of physical evaluation, and status of training.
(2) The most recent criminal records check required by division (J) of this section has been completed and received by the superintendent or public or private employer.
(H)
A person, school district, educational service center, community
school, nonpublic school, or other public or nonpublic entity that
owns a school bus or motor van, or that contracts with another entity
to operate a school bus or motor van, may impose more stringent
restrictions on drivers than those prescribed in this section, in any
other section of the Revised Code, and in rules adopted by the
state
board
department.
(I) For qualified drivers who, on July 1, 2007, are employed by the owner of a school bus or motor van to drive the school bus or motor van, any instance in which the driver was convicted of or pleaded guilty to a violation of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance prior to two years prior to July 1, 2007, shall not be considered a disqualifying event with respect to division (F) of this section.
(J)(1) This division applies to persons hired by a school district, educational service center, community school, chartered nonpublic school, or science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code to operate a vehicle used for pupil transportation.
For
each person to whom this division applies who is hired on or after
November 14, 2007, the employer shall request a criminal records
check in accordance with section 3319.39 of the Revised Code and
every six years thereafter. For each person to whom this division
applies who is hired prior to that date, the employer shall request a
criminal records check by a date prescribed by the department of
education and
every six years thereafter.
(2) This division applies to persons hired by a public or private employer not described in division (J)(1) of this section to operate a vehicle used for pupil transportation.
For each person to whom this division applies who is hired on or after November 14, 2007, the employer shall request a criminal records check prior to the person's hiring and every six years thereafter. For each person to whom this division applies who is hired prior to that date, the employer shall request a criminal records check by a date prescribed by the department and every six years thereafter.
(3) Each request for a criminal records check under division (J) of this section shall be made to the superintendent of the bureau of criminal identification and investigation in the manner prescribed in section 3319.39 of the Revised Code, except that if both of the following conditions apply to the person subject to the records check, the employer shall request the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person:
(a) The employer previously requested the superintendent to determine whether the bureau of criminal identification and investigation has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person in conjunction with a criminal records check requested under section 3319.39 of the Revised Code or under division (J) of this section.
(b) The person presents proof that the person has been a resident of this state for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check under this section.
Upon receipt of a request, the superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code as if the request had been made under section 3319.39 of the Revised Code. However, as specified in division (B)(2) of section 109.572 of the Revised Code, if the employer requests the superintendent only to obtain any criminal records that the federal bureau of investigation has on the person for whom the request is made, the superintendent shall not conduct the review prescribed by division (B)(1) of that section.
(K)(1) Until the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense described in division (B)(1) of section 3319.39 of the Revised Code shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed for nonlicensed school personnel by rule 3301-20-03 of the Ohio Administrative Code.
(2) Beginning on the effective date of the amendments to rule 3301-83-23 of the Ohio Administrative Code required by the second paragraph of division (E) of section 3319.39 of the Revised Code, any person who is the subject of a criminal records check under division (J) of this section and has been convicted of or pleaded guilty to any offense that, under the rule, disqualifies a person for employment to operate a vehicle used for pupil transportation shall not be hired or shall be released from employment, as applicable, unless the person meets the rehabilitation standards prescribed by the rule.
(L) The superintendent of a school district or an educational service center governing board shall issue a certificate as a driver of a school bus or motor van or a certificate to operate a vehicle used for pupil transportation in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a certificate in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a school bus or motor van driver or a pupil transportation vehicle operator in a state that does not issue one or both of those certificates.
Sec. 4709.07. (A) Each person who desires to obtain an initial license to practice barbering shall apply to the state cosmetology and barber board, on forms provided by the board. The application form shall include the name of the person applying for the license and evidence that the applicant meets all of the requirements of division (B) of this section. The application shall be accompanied by the examination application fee.
(B) In order to take the required barber examination and to qualify for licensure as a barber, an applicant must demonstrate that the applicant meets all of the following:
(1) Is at least eighteen years of age;
(2)
Has an eighth grade education or an equivalent education as
determined by the state
board department
of
education and
workforce, or equivalent organization in
the state where the applicant resides;
(3) Has graduated with at least one thousand eight hundred hours of training from a board-approved barber school or has graduated with at least one thousand hours of training from a board-approved barber school in this state and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code. No hours of instruction earned by an applicant five or more years prior to the examination apply to the hours of study required by this division.
(C) Any applicant who meets all of the requirements of divisions (A) and (B) of this section may take the barber examination at the time and place specified by the board. If the applicant fails to attain at least a seventy-five per cent pass rate on each part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination within ninety days after the date of the release of the examination scores by paying the required reexamination fee. An applicant is only required to take that part or parts of the examination on which the applicant did not receive a score of seventy-five per cent or higher. If the applicant fails to reapply for examination within ninety days or fails the second examination, in order to reapply for examination for licensure the applicant shall complete an additional course of study of not less than two hundred hours, in a board-approved barber school. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination.
(D) The board shall issue a license to practice barbering to any applicant who, to the satisfaction of the board, meets the requirements of divisions (A) and (B) of this section, who passes the required examination, and pays the initial licensure fee. Every licensed barber shall display the certificate of licensure in a conspicuous place adjacent to or near the licensed barber's work chair.
(E) The board shall issue a license to practice barbering in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license to practice barbering in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a barber in a state that does not issue that license.
Sec. 4709.10. (A) Each person who desires to obtain a license to operate a barber school shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber school license to a person if the board determines that the person meets and will comply with all of the requirements of division (B) of this section and pays the required licensure and inspection fees.
(B) In order for a person to qualify for a license to operate a barber school, the barber school to be operated by the person must meet all of the following requirements:
(1) Have a training facility sufficient to meet the required educational curriculum established by the board, including enough space to accommodate all the facilities and equipment required by rule by the board;
(2) Provide sufficient licensed teaching personnel to meet the minimum pupil-teacher ratio established by rule of the board;
(3) Have established and provide to the board proof that it has met all of the board requirements to operate a barber school, as adopted by rule of the board;
(4) File with the board a program of its curriculum, accounting for not less than one thousand eight hundred hours of instruction in the courses of theory and practical demonstration required by rule of the board;
(5) File with the board a surety bond in the amount of ten thousand dollars issued by a bonding company licensed to do business in this state. The bond shall be in the form prescribed by the board and conditioned upon the barber school's continued instruction in the theory and practice of barbering. The bond shall continue in effect until notice of its termination is provided to the board. In no event, however, shall the bond be terminated while the barber school is in operation. Any student who is injured or damaged by reason of a barber school's failure to continue instruction in the theory and practice of barbering may maintain an action on the bond against the barber school or the surety, or both, for the recovery of any money or tuition paid in advance for instruction in the theory and practice of barbering which was not received. The aggregate liability of the surety to all students shall not exceed the sum of the bond.
(6) Maintain adequate record keeping to ensure that it has met the requirements for records of student progress as required by board rule;
(7) Establish minimum standards for acceptance of student applicants for admission to the barber school. The barber school may establish entrance requirements which are more stringent than those prescribed by the board, but the requirements must at a minimum require the applicant to meet both of the following:
(a) Be at least seventeen years of age;
(b)
Have an eighth grade education, or an equivalent education as
determined by the state
board department
of
education
and
workforce.
(8) Have a procedure to submit every student applicant's admission application to the board for the board's review and approval prior to the applicant's admission to the barber school;
(9) Operate in a manner which reflects credit upon the barbering profession;
(10) Offer a curriculum of study which covers all aspects of the scientific fundamentals of barbering as specified by rule of the board;
(11) Employ no more than two licensed assistant barber teachers for each licensed barber teacher employed or fewer than two licensed teachers or one licensed teacher and one licensed assistant teacher at each facility.
(C) Each person who desires to obtain a barber teacher or assistant barber teacher license shall apply to the board, on forms provided by the board. Except as provided in division (D) of this section, the board shall only issue a barber teacher license to a person who meets all of the following requirements:
(1) Holds a current barber license issued pursuant to this chapter and has at least eighteen months of work experience in a licensed barber shop or has been employed as an assistant barber teacher under the supervision of a licensed barber teacher for at least one year, unless, for good cause, the board waives this requirement;
(2) Meets such other requirements as adopted by rule by the board;
(3) Passes the required examination; and
(4) Pays the required fees.
Except as provided in division (D) of this section, the board shall only issue an assistant barber teacher license to a person who holds a current barber license issued pursuant to this chapter and pays the required fees.
(D) The board shall issue a barber teacher or assistant barber teacher license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a barber teacher or assistant barber teacher license, as applicable, in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a barber teacher or assistant barber teacher, as applicable, in a state that does not issue the applicable license.
(E) Any person who meets the qualifications of an assistant teacher pursuant to division (C) or (D) of this section, may be employed as an assistant teacher, provided that within five days after the commencement of the employment the barber school submits to the board, on forms provided by the board, the applicant's qualifications.
Sec. 4732.10. (A) The state board of psychology shall appoint an entrance examiner who shall determine the sufficiency of an applicant's qualifications for admission to the appropriate examination. A member of the board or the executive director may be appointed as the entrance examiner.
(B) Requirements for admission to examination for a psychologist license shall be that the applicant:
(1) Is at least twenty-one years of age;
(2) Meets one of the following requirements:
(a) Received an earned doctoral degree from an institution accredited or recognized by a national or regional accrediting agency and a program accredited by any of the following:
(i) The American psychological association, office of program consultation and accreditation;
(ii) The accreditation office of the Canadian psychological association;
(iii) A program listed by the association of state and provincial psychology boards/national register designation committee;
(iv) The national association of school psychologists.
(b) Received an earned doctoral degree in psychology or school psychology from an institution accredited or recognized by a national or regional accrediting agency but the program does not meet the program accreditation requirements of division (B)(2)(a) of this section;
(c) Received from an academic institution outside of the United States or Canada a degree determined, under rules adopted by the board under division (F) of this section, to be equivalent to a doctoral degree in psychology from a program described in division (B)(2)(a) of this section;
(d) Held a psychologist license, certificate, or registration required for practice in a Canadian jurisdiction for a minimum of ten years and meets educational, experience, and professional requirements established under rules adopted by the board.
(3) Has had at least two years of supervised professional experience in psychological work of a type satisfactory to the board, at least one year of which must be a predoctoral internship. The board shall adopt guidelines for the kind of supervised professional experience that fulfill this requirement.
(4) If applying under division (B)(2)(b) or (c) of this section, has had at least two years of supervised professional experience in psychological work of a type satisfactory to the board, at least one year of which must be postdoctoral. The board shall adopt guidelines for the kind of supervised professional experience that fulfill this requirement.
(C) Requirements for admission to examination for an independent school psychologist license shall be that the applicant:
(1) Has received from an educational institution accredited or recognized by national or regional accrediting agencies as maintaining satisfactory standards, including those approved by the state board of education for the training of independent school psychologists, at least a master's degree in school psychology, or a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Has completed at least sixty quarter hours, or the semester hours equivalent, at the graduate level, of accredited study in course work relevant to the study of school psychology;
(4)
Has completed an internship in an educational institution approved by
the Ohio
department
of education
and
workforce
for
school psychology supervised experience or one year of other training
experience acceptable to the board, such as supervised professional
experience under the direction of a licensed psychologist, licensed
independent school psychologist, or licensed school psychologist;
(5)
Furnishes proof of at least twenty-seven months, exclusive of
internship, of full-time experience as a certificated school
psychologist employed by a board of education or a private school
meeting the standards prescribed by the state
board director
of
education
and
workforce,
or of experience that the board deems equivalent.
(D) Requirements for admission to examination for a school psychologist shall be that the applicant:
(1) Has received from an educational institution accredited or recognized by national or regional accrediting agencies as maintaining satisfactory standards, including those approved by the state board of education for the training of school psychologists, at least a master's degree in school psychology, or a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Has completed a nine month, full-time internship in an approved school setting as described in rules adopted by the board.
(E) If the entrance examiner finds that the applicant meets the requirements set forth in this section, the applicant shall be admitted to the appropriate examination.
(F) The board shall adopt under Chapter 119. of the Revised Code rules for determining for the purposes of division (B)(2)(c) of this section whether a degree is equivalent to a degree in psychology from an institution in the United States.
Sec. 4735.09. (A) Application for a license as a real estate salesperson shall be made to the superintendent of real estate on forms furnished by the superintendent and signed by the applicant. The application shall be in the form prescribed by the superintendent and shall contain such information as is required by this chapter and the rules of the Ohio real estate commission. The application shall be accompanied by the recommendation of the real estate broker with whom the applicant is associated or with whom the applicant intends to be associated, certifying that the applicant is honest and truthful, and has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate, which conviction or adjudication the applicant has not disclosed to the superintendent, and recommending that the applicant be admitted to the real estate salesperson examination.
(B) A fee of eighty-one dollars shall accompany the application, which fee includes the fee for the initial year of the licensing period, if a license is issued. The initial year of the licensing period commences at the time the license is issued and ends on the applicant's first birthday thereafter. The application fee shall be nonrefundable. A fee of eighty-one dollars shall be charged by the superintendent for each successive application made by the applicant. One dollar of each application fee shall be credited to the real estate education and research fund.
(C) There shall be no limit placed on the number of times an applicant may retake the examination.
(D) The superintendent, with the consent of the commission, may enter into an agreement with a recognized national testing service to administer the real estate salesperson's examination under the superintendent's supervision and control, consistent with the requirements of this chapter as to the contents of the examination.
If the superintendent, with the consent of the commission, enters into an agreement with a national testing service to administer the real estate salesperson's examination, the superintendent may require an applicant to pay the testing service's examination fee directly to the testing service. If the superintendent requires the payment of the examination fee directly to the testing service, each applicant shall submit to the superintendent a processing fee in an amount determined by the Ohio real estate commission pursuant to division (A)(1) of section 4735.10 of the Revised Code.
(E) The superintendent shall issue a real estate salesperson's license when satisfied that the applicant has received a passing score on each portion of the salesperson's examination as determined by rule by the real estate commission.
(F) No applicant for a salesperson's license shall take the salesperson's examination who has not established to the satisfaction of the superintendent that the applicant:
(1) Is honest and truthful;
(2)(a) Has not been convicted of a disqualifying offense as determined in accordance with section 9.79 of the Revised Code;
(b) Has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate or, if the applicant has been so adjudged, at least two years have passed since the court decision and the superintendent has disregarded the adjudication because the applicant has proven, by a preponderance of the evidence, that the applicant is honest and truthful, and there is no basis in fact for believing that the applicant again will violate the laws involved.
(3) Has not, during any period in which the applicant was licensed under this chapter, violated any provision of, or any rule adopted pursuant to this chapter, or, if the applicant has violated such provision or rule, has established to the satisfaction of the superintendent that the applicant will not again violate such provision or rule;
(4) Is at least eighteen years of age;
(5)
If born after the year 1950, has a high school diploma or a
certificate of high school equivalence issued by
the department of educationunder
section 3301.80 of the Revised Code;
(6) Has successfully completed at an institution of higher education all of the following credit-eligible courses by either classroom instruction or distance education:
(a) Forty hours of instruction in real estate practice;
(b) Forty hours of instruction that includes the subjects of Ohio real estate law, municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination. If feasible, the instruction in Ohio real estate law shall be taught by a member of the faculty of an accredited law school. If feasible, the instruction in municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination shall be taught by a staff member of the Ohio civil rights commission who is knowledgeable with respect to those subjects. The requirements of this division do not apply to an applicant who is admitted to practice before the supreme court.
(c) Twenty hours of instruction in real estate appraisal;
(d) Twenty hours of instruction in real estate finance.
(G)(1) Successful completion of the instruction required by division (F)(6) of this section shall be determined by the law in effect on the date the instruction was completed.
(2) Division (F)(6)(c) of this section does not apply to any new applicant who holds a valid Ohio real estate appraiser license or certificate issued prior to the date of application for a real estate salesperson's license.
(H) Only for noncredit course offerings, an institution of higher education shall obtain approval from the appropriate state authorizing entity prior to offering a real estate course that is designed and marketed as satisfying the salesperson license education requirements of division (F)(6) of this section. The state authorizing entity may consult with the superintendent in reviewing the course for compliance with this section.
(I) Any person who has not been licensed as a real estate salesperson or broker within a four-year period immediately preceding the person's current application for the salesperson's examination shall have successfully completed the prelicensure instruction required by division (F)(6) of this section within a ten-year period immediately preceding the person's current application for the salesperson's examination.
(J) Not earlier than the date of issue of a real estate salesperson's license to a licensee, but not later than twelve months after the date of issue of a real estate salesperson license to a licensee, the licensee shall submit proof satisfactory to the superintendent, on forms made available by the superintendent, of the completion of twenty hours of instruction that shall be completed in schools, seminars, and educational institutions approved by the commission. The instruction shall include, but is not limited to, current practices relating to commercial real estate, property management, short sales, and land contracts; contract law; federal and state programs; economic conditions; and fiduciary responsibility. Approval of the curriculum and providers shall be granted according to rules adopted pursuant to section 4735.10 of the Revised Code and may be taken through classroom instruction or distance education.
If proof of completion of the required instruction is not submitted within twelve months of the date a license is issued under this section, the licensee's license is suspended automatically without the taking of any action by the superintendent. The superintendent immediately shall notify the broker with whom such salesperson is associated of the suspension of the salesperson's license. A salesperson whose license has been suspended under this division shall have twelve months after the date of the suspension of the salesperson's license to submit proof of successful completion of the instruction required under this division. No such license shall be reactivated by the superintendent until it is established, to the satisfaction of the superintendent, that the requirements of this division have been met and that the licensee is in compliance with this chapter. A licensee's license is revoked automatically without the taking of any action by the superintendent when the licensee fails to submit the required proof of completion of the education requirements under division (I) of this section within twelve months of the date the license is suspended.
(K) Examinations shall be administered with reasonable accommodations in accordance with the requirements of the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12189. The contents of an examination shall be consistent with the classroom instructional requirements of division (F)(6) of this section. An applicant who has completed the classroom instructional requirements of division (F)(6) of this section at the time of application shall be examined no later than twelve months after the applicant is notified of the applicant's admission to the examination.
(L) Notwithstanding any provision of this chapter or Chapter 4796. of the Revised Code to the contrary, the superintendent shall issue a real estate salesperson's license in accordance with Chapter 4796. of the Revised Code to an applicant if both of the following apply:
(1) The applicant satisfies the requirements specified in section 4796.03, 4796.04, or 4796.05 of the Revised Code, as applicable.
(2) The applicant passes an examination on Ohio real estate law.
Sec. 4747.10. (A)(1) Each person currently engaged in training to become a licensed hearing aid dealer or fitter shall apply to the state speech and hearing professionals board for a hearing aid dealer's and fitter's trainee permit. The board shall issue to each applicant within thirty days of receipt of a properly completed application and payment of an application fee set by the board in rules adopted under section 4747.04 of the Revised Code, a trainee permit if such applicant meets all of the following criteria:
(a) Is at least eighteen years of age;
(b)
Is the holder of a diploma from an accredited high school or a
certificate of high school equivalence issued by
the department of educationunder
section 3301.80 of the Revised Code;
(c) Is free of contagious or infectious disease.
(2) The board shall issue a hearing aid dealer's and fitter's trainee permit in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(a) The applicant holds a permit or license in another state.
(b) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a hearing aid dealer and fitter trainee in a state that does not issue that permit or license.
(B) The board shall not deny a trainee permit issued under this section to any individual based on the individual's past criminal history unless the denial is in accordance with section 9.79 of the Revised Code.
In considering a renewal of an individual's trainee permit, the board shall not consider any conviction or plea of guilty prior to the issuance of the initial trainee permit. However, the board may consider a conviction or plea of guilty if it occurred after the individual was initially granted the trainee permit, or after the most recent trainee permit renewal. The board shall comply with Chapter 119. of the Revised Code when denying an individual for a trainee permit or renewal. Additionally, the board may grant an individual a conditional trainee permit that lasts for one year. After the one-year period has expired, the permit is no longer considered conditional, and the individual shall be considered to be granted a full trainee permit.
(C) Each trainee permit issued by the board expires one year from the date it was first issued, and may be renewed once if the trainee has not successfully completed the qualifying requirements for licensing as a hearing aid dealer or fitter before the expiration date of such permit. The board shall issue a renewed permit to each applicant upon receipt of a properly completed application and payment of a renewal fee set by the board in rules adopted under section 4747.04 of the Revised Code. No person holding a trainee permit shall engage in the practice of dealing in or fitting of hearing aids except while under supervision by a licensed hearing aid dealer or fitter.
Section 5. That the existing sections 921.06, 3301.071, 3309.011, 3319.22, 3319.229, 3319.262, 3319.28, 3319.361, 3327.10, 4709.07, 4709.10, 4732.10, 4735.09, and 4747.10 of the Revised Code that are scheduled to take effect December 29, 2023, are hereby repealed.
Section 6. Sections 4 and 5 of this act take effect December 29, 2023.
Section 7. (A) On the effective date of this section, the Department of Education is hereby renamed as the Department of Education and Workforce, as prescribed by new section 3301.13 of the Revised Code as enacted by this act.
(B) On and after the effective date of this section, all powers and duties vested in the State Board of Education and the Superintendent of Public Instruction terminate, except as described in section 3301.111 of the Revised Code. Any business commenced but not completed on the effective date of this section by the State Board of Education or the State Superintendent of Public Instruction shall be completed by the Department of Education and Workforce in the same manner, and with the same effect, as if completed by the State Board of Education or the State Superintendent of Public Instruction.
(C)(1) On or after the effective date of this section, all employees of the Department of Education and Workforce necessary for the State Board of Education to perform its powers and duties, as described in section 3301.111 of the Revised Code, are hereby transferred to the State Board. Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, employees who are transferred retain their same positions and all benefits accruing thereto. Once transferred to the State Board, changes to positions or benefits for employees not subject to Chapter 4117. of the Revised Code shall be controlled by Chapter 124. of the Revised Code, or other applicable revised and administrative code sections.
(2) On the effective date of this section, the assets, equipment, records, documents, files, and other materials, irrespective of form or medium, of the Department of Education and Workforce necessary for the State Board of Education to perform its duties and powers, as described in section 3301.111 of the Revised Code, are transferred to the State Board.
(D)(1) No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section but shall be administered by the Director of Education and Workforce or Department of Education and Workforce. Any action or proceeding pending on the effective date of this section may be prosecuted or defended in the name of the Department of Education and Workforce. In all such actions or proceedings, the Department of Education and Workforce shall be substituted as a party upon application to the court or other tribunal.
(2) Except with regard to matters related to the statutorily prescribed powers and duties of the State Board of Education as described in section 3301.111 of the Revised Code, whenever the Department of Education, the State Board of Education, or the Superintendent of Public Instruction is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Department of Education and Workforce or the Director of Education and Workforce, whichever is appropriate in context.
(E) All rules, orders, and determinations made or undertaken by the Superintendent of Public Instruction or the State Board of Education relating to the powers and duties transferred to the Department or Director of Education and Workforce continue in effect as rules, orders, and determinations of the Department of Education and Workforce until modified or rescinded by the Director of Education and Workforce. On or after the effective date of this section, if necessary to ensure the integrity of the numbering of the Administrative Code, and to the extent permitted by statute, the Director of the Legislative Service Commission shall renumber the rules of the Department of Education, Superintendent of Public Instruction, or the State Board of Education to reflect its respective transfer to the Department or Director of Education and Workforce pursuant to the provisions of law enacted herein.
This division does not affect the rules of the State Board of Education regarding the statutorily prescribed powers and duties of the State Board as described in section 3301.111 of the Revised Code.
(F) On or after the effective date of this section, pursuant to section 126.15 of the Revised Code, the Director of Budget and Management shall transfer the balance of all appropriations made related to the statutorily prescribed powers and duties of the State Board of Education, as described in section 3301.111 of the Revised Code, from the Department of Education and Workforce to the State Board for the same purpose as appropriated to the Department of Education and Workforce.
(G) Not later than ninety days after the effective date of this section, the Director of Education and Workforce, the Department of Education and Workforce, the State Board of Education, and the Superintendent of Public Instruction shall complete any action necessary to implement the provisions of this act regarding the transfer of powers described in this section.
(H) The Director of Education and Workforce shall, in a timely manner, schedule a list of regular meetings under section 3301.137 of the Revised Code for fiscal year 2024.
Section 8. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.57 of the Revised Code as amended by both H.B. 405 and S.B. 288 of the 134th General Assembly.
Section 109.572 of the Revised Code as amended by both H.B. 509 and S.B. 288 of the 134th General Assembly.
Section 121.95 of the Revised Code as amended by both H.B. 29 and S.B. 9 of the 134th General Assembly.
Section 135.142 of the Revised Code as amended by both H.B. 197 and S.B. 276 of the 133rd General Assembly.
Section 2151.353 of the Revised Code as amended by H.B. 8 and H.B. 166, both of the 133rd General Assembly, H.B. 49 of the 132nd General Assembly, and H.B. 50 and H.B. 158, both of the 131st General Assembly.
Section 2901.01 of the Revised Code as amended by H.B. 462, S.B. 164, and S.B. 288, all of the 134th General Assembly.
Section 2903.13 of the Revised Code as amended by H.B. 281, S.B. 16, and S.B. 288, all of the 134th General Assembly.
Section 2925.01 of the Revised Code as amended by H.B. 281, H.B. 509, and S.B. 25, all of the 134th General Assembly.
Section 3301.0712 of the Revised Code as amended by both H.B. 82 and H.B. 110 of the 134th General Assembly.
Section 3301.0715 of the Revised Code as amended by both H.B. 82 and H.B. 110 of the 134th General Assembly.
Section 3302.03 of the Revised Code as amended by both S.B. 166 and S.B. 229 of the 134th General Assembly.
Section 3302.04 of the Revised Code as amended by both H.B. 82 and H.B. 110 of the 134th General Assembly.
Section 3310.41 of the Revised Code as amended by H.B. 509 and H.B. 554, both of the 134th General Assembly.
Section 3311.741 of the Revised Code as amended by both H.B. 82 and H.B. 110 of the 134th General Assembly.
Section 3313.25 of the Revised Code as amended by both H.B. 291 and H.B. 491 of the 132nd General Assembly.
Section 3313.6113 of the Revised Code as amended by H.B. 82, H.B. 110, and S.B. 166, all of the 134th General Assembly.
Section 3314.02 of the Revised Code as amended by both H.B. 82 and H.B. 110 of the 134th General Assembly.
Section 3319.02 of the Revised Code as amended by both H.B. 525 and S.B. 316 of the 129th General Assembly.
The version of section 3319.22 of the Revised Code that is scheduled to take effect December 29, 2023, as amended by both H.B. 509 and S.B. 131 of the 134th General Assembly.
Section 4141.01 of the Revised Code as amended by both H.B. 110 and H.B. 281 of the 134th General Assembly.
The version of section 4709.07 of the Revised Code that is scheduled to take effect December 29, 2023, as amended by both H.B. 509 and S.B. 131 of the 134th General Assembly.
The version of section 4709.10 of the Revised Code that is scheduled to take effect December 29, 2023, as amended by both H.B. 509 and S.B. 131 of the 134th General Assembly.
The version of section 4732.10 of the Revised Code that is scheduled to take effect December 29, 2023, as amended by both H.B. 509 and S.B. 131 of the 134th General Assembly.