Enact the Preschool for All Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 800

2025-2026

Representatives Lett, Robinson

Cosponsors: Representatives
Abdullahi, Baker, Brennan, Brent, Brownlee, Bryant Bailey, Cockley,
Glassburn, Grim, Hall, D., Humphrey, Isaacsohn, Jarrells,
Lawson-Rowe, McNally, Miller, J., Mohamed, Piccolantonio, Rader,
Rogers, Russo, Sigrist, Sims, Somani, Synenberg, Sweeney, Thomas, C.,
Tims, Troy, Upchurch, White, E.

To
amend sections 3301.50, 3301.53, 3301.54, 3301.56, 3313.48, 3313.64,
3313.646, 3313.842, 3313.98, 3313.981, 3314.03, 3314.08, 3317.011,
3317.0110, 3317.02, 3317.0213, 3317.03, 3321.01, 3321.05, 3323.02,
5753.021, and 5753.031 and to enact sections 3301.542, 3301.591,
3301.592,
3313.6415
,
and 3317.083 of the Revised Code
to
increase the rate of the sports gaming tax on certain operators, to
require all-day kindergarten, to establish universal preschool
programs, and to name this act the Preschool for All Act.

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

Section
1.
That
sections 5753.021 and 5753.031 be amended and sections 3301.591 and
3301.592 of the Revised Code be enacted to read as follows:

Sec.
3301.591.
(A)
The department of education and workforce shall conduct a survey of,
and hold stakeholder meetings with, each city, local, and exempted
village school district regarding the implementation of preschool
programs and all-day kindergarten on and after July 1, 2031. The
survey shall solicit input from districts about the structural
challenges or issues districts must address to facilitate that
implementation. The survey shall request information about all of the
following:

(1)
Classroom and school building capacity;

(2)
Teacher and staff shortages and extended hours;

(3)
Teacher and staff professional development and standards;

(4)
Transportation;

(5)
Time and cost burden estimates for the implementation;

(6)
Any other potential issues related to the new programs and
requirements.

(B)
In addition to the requirements under division (A) of this section,
the department of education and workforce shall solicit information,
in a form and manner determined by the department, about the
statewide implementation of preschool programs and all-day
kindergarten from all of the following:

(1)
The Ohio federation of teachers;

(2)
The Ohio education association;

(3)
The Ohio school boards association;

(4)
The buckeye association of school administrators;

(5)
The Ohio association of school business officials;

(6)
The Ohio association of elementary school administrators;

(7)
The Ohio association of secondary school administrators.

(C)
The department of education and workforce shall complete its
responsibilities under divisions (A) and (B) of this section not
later than February 1, 2027. The department of education and
workforce shall share all the survey data and information from the
stakeholder outreach required under divisions (A) and (B) of this
section with the department of children and youth once that
department is established. The department of education and workforce
shall invite the department of children and youth to participate in
any stakeholder meetings it conducts as part of that outreach.

(D)
Not later than February 15, 2027, the department of education and
workforce shall prepare a report regarding the findings of the
stakeholder outreach required under divisions (A) and (B) of this
section. The department of education and workforce shall submit to
the legislative service commission the report and the unfiltered
survey data and information provided by stakeholders.

(E)
Not later than March 15, 2027, the legislative service commission
shall do all of the following:

(1)
Prepare a report that describes the law and estimated costs
associated with implementing preschool programs and all-day
kindergarten on and after July 1, 2031;

(2)
Conduct a public presentation regarding the report prescribed under
this division to each of the following:

(a)
The finance committee of the house of representatives;

(b)
The standing committee of the house of representatives that considers
primary and secondary education legislation;

(c)
The finance committee of the senate;

(d)
The standing committee of the senate that considers primary and
secondary education legislation;

(e)
The state board of education.

(3)
Transmit the report prescribed under this division to all of the
following:

(a)
The governor;

(b)
The office of budget and management;

(c)
The facilities construction commission.

(F)
It is the intent of the general assembly to provide one-time funding
to school districts in the main operating and capital budgets of the
136th general assembly for the purposes of implementing preschool
programs and all-day kindergarten on and after July 1, 2031. It is
the intent of the general assembly, if funding is provided, to
establish a method to distribute that one-time funding outside of the
distribution of state core foundation funding under Chapter 3317. of
the Revised Code. The general assembly shall consider providing a
total amount of the funding that is not less than the cost estimate
included in the legislative service commission's report under
division (E) of this section. If the total amount of funding is less
than that cost estimate, the speaker of the house of representatives,
the president of the senate, and the governor shall issue a public
statement regarding why the total amount of funding was not provided.

Sec.
3301.592.
(A)
A city, local, or exempted village school district may submit to the
department of education and workforce a request for a waiver from
complying with the preschool and all-day kindergarten requirements in
Chapters 3301., 3313., 3314., 3317., 3321., and 3323. of the Revised
Code scheduled to take effect in the 2031-2032 school year.

(B)
A request for a waiver shall be submitted not later than the first
day of February prior to the school year for which the district is
seeking the waiver. Prior to submitting the request, the district's
board of education shall hold a public hearing on the issue and adopt
a resolution requesting the waiver.

(C)(1)
Within thirty days after receiving a request under division (B) of
this section, the department shall approve or disapprove the request
and notify the district.

(2)
If the department disapproves a waiver request, the district may
appeal the decision within 15 days after receiving notice of the
waiver's denial. The appeal shall be made to the state board of
education.

(D)
Within fifteen days after receiving the appeal request under division
(C)(2) of this section, the state board shall conduct a public
hearing regarding the appeal. At that public hearing, the district
superintendent and the deputy director of primary and secondary
education shall each make a presentation to the state board regarding
the disapproval and the state board shall vote on whether to approve
or disapprove the appeal. If a majority of the members of the state
board vote in favor of the appeal, the waiver is approved,
notwithstanding the department's denial under division (C) of this
section.

(E)
A district that has a waiver approved under this section may request
an extension of that waiver to the 2032-2033 school year. A district
that has a waiver extended to the 2032-2033 school year may request
an additional extension of that waiver to the 2033-2034 school year.
The procedure for requesting a waiver extension is the same as the
procedure for requesting an initial waiver.

(F)
Notwithstanding anything in the Revised Code to the contrary, a
school district that has a waiver or waiver extension approved under
this section shall provide and administer kindergarten and preschool
instruction in the same manner as that instruction was required to be
provided on June 30, 2031.

(G)
Beginning with the 2033-2034 school year and each school year
thereafter, the department shall cease granting waivers under this
section.

Sec.
5753.021.
(A)

For
the purposes of funding the education needs of this state, funding
efforts to alleviate problem sports gaming, and defraying the costs
of enforcing and administering the law governing sports gaming and
the tax levied by this section, a tax is hereby levied on the sports
gaming receipts
of

received
by
a
sports gaming proprietor
at
the rate of twenty per cent of the sports gaming receipts received by
the proprietor
from
the operation of sports gaming in this state.
The
tax is levied as follows:

(1)
For tax periods beginning before January 1, 2028, twenty per cent of
sports gaming receipts;

(2)
For tax periods beginning on or after January 1, 2028, as follows:

(a)
Twenty per cent, in the case of sports gaming receipts received by a
sports gaming proprietor whose share of the sports gaming market in
this state is less than two and one-quarter per cent;

(b)
Thirty-three per cent, in the case of sports gaming receipts received
by all other sports gaming proprietors.

(B)
In June and December of each year, the casino control commission
shall determine the percentage share of the sports gaming market in
this state held by each sports gaming proprietor. That determination
shall apply for the purposes of calculating the tax due under
division (A) of this section for the six-month period that begins on
the first day of the first month after the determination is made.

(C)

The
tax imposed under this section is in addition to any other taxes or
fees imposed under the Revised Code.

Sec.
5753.031.
(A)
For the purpose of receiving and distributing, and accounting for,
revenue received from the tax levied by section 5753.021 of the
Revised Code and from fines imposed under Chapter 3775. of the
Revised Code, the following funds are created in the state treasury:

(1)
The sports gaming revenue fund;

(2)
The sports gaming tax administration fund, which the tax commissioner
shall use to defray the costs incurred in administering the tax
levied by section 5753.021 of the Revised Code;

(3)
The sports gaming profits education fund, which shall be used for the
support of public and nonpublic education for students in grades
kindergarten through twelve as determined in appropriations made by
the general assembly
.
;

(4)
The problem sports gaming fund
;

(5)
The sports gaming profits preschool fund, which shall be used to fund
preschool programs that are licensed under sections 3301.52 to
3301.59 of the Revised Code and operated by public schools
.

(B)(1)
All of the following shall be deposited into the sports gaming
revenue fund:

(a)
All money collected from the tax levied under section 5753.021 of the
Revised Code;

(b)
The remainder of the fees described in division (G)(2) of section
3775.02 of the Revised Code, after the Ohio casino control commission
deposits the required amount in the sports gaming profits veterans
fund under that division;

(c)
Unclaimed winnings collected under division (F) of section 3775.10 of
the Revised Code;

(d)
Any fines collected under Chapter 3775. of the Revised Code.

(2)
All other fees collected under Chapter 3775. of the Revised Code
shall be deposited into the casino control commission fund created
under section 5753.03 of the Revised Code.

(C)(1)
From the sports gaming revenue fund, the director of budget and
management shall transfer as needed to the tax refund fund amounts
equal to the refunds certified by the tax commissioner under section
5753.06 of the Revised Code and attributable to the tax levied under
section 5753.021 of the Revised Code.

(2)
Not later than the fifteenth day of each month, the director of
budget and management shall transfer from the sports gaming revenue
fund to the sports gaming tax administration fund the amount
necessary to reimburse the department of taxation's actual expenses
incurred in administering the tax levied under section 5753.021 of
the Revised Code.

(3)

On
or before the fifteenth day of the month following the end of each
calendar quarter beginning on or after January 1, 2028, the director
of budget and management shall transfer an amount from the sports
gaming revenue fund to the sports gaming profits preschool fund. The
amount shall equal thirteen thirty-thirds of the amount in the sports
gaming fund remaining after making the transfers required by
divisions (C)(1) and (2) of this section, multiplied by a fraction,
the denominator of which is the total amount deposited in the sports
gaming revenue fund since the last transfer under this division and
the numerator of which is the portion of that amount that is
attributable to the tax levied under division (A)(2)(b) of section
5753.021 of the Revised Code.

(4)

Of
the amount in the sports gaming revenue fund remaining after making
the transfers required by divisions (C)(1)
and
(2)
to
(3)
of
this section, the director of budget and management shall transfer,
on or before the fifteenth day of the month following the end of each
calendar quarter, amounts to each fund as follows:

(a)
Ninety-eight per cent to the sports gaming profits education fund;

(b)
Two per cent to the problem sports gaming fund.

(D)
All interest generated by the funds created under this section shall
be credited back to them.

Section
2.
That
existing sections 5753.021 and 5753.031 of the Revised Code are
hereby repealed.

Section
3.
That
sections 3301.50, 3301.53, 3301.54, 3301.56, 3313.48, 3313.64,
3313.646, 3313.842, 3313.98, 3313.981, 3314.03, 3314.08, 3317.011,
3317.0110, 3317.02, 3317.0213, 3317.03, 3321.01, 3321.05, and 3323.02
be amended and sections 3301.542,
3313.6415
,
and 3317.083 of the Revised Code be enacted to read as follows:

Sec.
3301.50.
Except
as otherwise provided under division
(B)
(C)

of section 3301.54 of the Revised Code, the issuing of any educator
license designated for teaching in a preschool setting pursuant to
section 3319.22 of the Revised Code shall not be construed as
requiring any person who does not hold such a license to obtain one
in order to be employed as a teacher in a pre-kindergarten program.
However, a person hired after July 1, 1988, to direct a preschool
program regulated by the department of children and youth under
sections 3301.52 to 3301.57 of the Revised Code, other than a program
operated by a nontax-supported eligible nonpublic school, 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 plus the four courses required by
division (A)(1) of section 3301.54 of the Revised Code
,
unless division (A)(4) of that section applies to the person
.

Sec.
3301.53.
(A)
The department of children and youth 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
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 director of children and
youth to prevent the spread of communicable disease;

(6)
(5)

Requirements that the parents of preschool children complete the
emergency medical authorization form specified in section 3313.712 of
the Revised Code;

(7)
(6)

The department of education and workforce's rules or standards for
providing special education and related services for children with
disabilities under section 3323.02 of the Revised Code incorporated
by reference, as appropriate.

(B)
The department of children and youth shall ensure that the rules
adopted 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 care centers that serve
preschool children. The department shall review all such rules at
least once every five years.

(C)
The department shall adopt rules for school child programs that are
consistent with and meet or exceed the requirements of the rules
adopted for child 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
head teacher hired by a preschool program on or after the effective
date of this amendment shall hold at least a bachelor's degree.

(C)

Each
preschool staff member
hired
on or after the effective date of this amendment
shall

be

meet
both of the following:

(1)
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
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.
;

(2)
Hold a child development associate certification or equivalent
credential.

(D)

A
preschool staff member shall annually complete fifteen hours of
in-service training in child development or early childhood
education,
professional
development,
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
pursuant
to an individualized professional development plan developed by the
school district, eligible nonpublic school, county board of
developmental disabilities, or community school operating the
preschool program
.

Sec.
3301.542.
Each
school district board of education, eligible nonpublic school, county
board of developmental disabilities, and community school operating a
preschool program shall pay head teachers a salary of not less than
thirty-five thousand dollars per year.

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
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
3-
and 4-year-olds

24
20

1:12
1:10

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.
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

kindergarten

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. The public hearing required under this
division need not be a separate, individual hearing and may be part
of another public hearing or board meeting.

(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 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.
3313.64.
(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 department of
children and youth 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)(4) of this section or 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.

(4)(a)
A child who does not reside in the district where the child's parent
resides is not required to be admitted to the schools of the district
in which the child resides if both of the following apply:

(i)
The child resides in a home, or in a facility similarly licensed in
another state, and the child was placed in the home or facility by
the child's parent in consultation with, and upon the recommendation
of, the Ohio resilience through integrated systems and excellence
program for children and youth involved in multiple state systems.

(ii)
The home provides education services that meet the minimum education
standards under division (D)(2) of section 3301.07 of the Revised
Code or, in the case of a facility located in another state, meets
substantially similar requirements of the jurisdiction where the
facility is located, except that the home or facility may provide the
child with less than the minimum number of instructional hours
required only as necessary to accommodate the child's treatment
program.

(b)
Upon a child's admission to a home pursuant to division (B)(4)(a) of
this section, the home shall notify the district where the child's
parent resides and the district where the home is located that the
home is providing educational services to the child until the child
is discharged. Upon a child's admission to a facility located in
another state pursuant to division (B)(4)(a) of this section, the
facility shall notify the district where the child's parent resides
that the facility is providing educational services to the child
until the child is discharged. In either case, the district where the
child's parent resides shall continue to enroll the student as
provided in division (C)(5) of this section and shall excuse the
child from attendance until the child is discharged from the home or
facility.

(c)
Upon a child's discharge from a home or facility, the home or
facility shall notify the district where the child's parent resides.
The home or facility and the district shall collaborate on a
supportive reentry plan into school for the child.

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.

(5)
In the case of a child to whom division (B)(4) of this section
applies, and except as otherwise provided in division (C)(5)(f) of
this section, tuition shall be paid to the home or facility for
educational services provided to the child by the school district in
which the child's parent resides according to the following:

(a)
The total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce. The department shall design the formula 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 home
or facility providing the educational services and the district that
is responsible to pay the 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 home or facility
providing the educational services to the child.

(b)
The district responsible to pay tuition shall continue to report the
child in its enrollment for purposes of section 3317.03 of the
Revised Code.

(c)
If the parent's residence changes to a different school district
while the child resides in the home or facility, the department of
education and workforce may re-determine the school district
responsible for tuition based on evidence provided by the district
currently responsible for tuition.

(d)
Upon a child's discharge from the home or facility, the home or
facility shall immediately notify the district where the child's
parent resides and the department of education and workforce. The
notification shall include a certified transcript of all coursework
completed by the child while residing in the home or facility. The
district where the child's parent resides shall accept all coursework
completed by the child while in the home or facility and shall award
credit for that coursework in accordance with district policy.

(e)
Following discharge from the home or facility and return to the
parent's residence, high school students shall meet requirements
under section 3313.618 of the Revised Code in order to qualify for a
high school diploma that are no more stringent than those that apply
to students who enroll into an Ohio public or chartered nonpublic
high school after receiving a home education under section 3321.042
of the Revised Code.

(f)
If the child is provided educational services by a chartered
nonpublic school while residing in a home and the child has been
awarded a scholarship under a state scholarship program, as defined
in section 3301.0711 of the Revised Code, no school district shall be
responsible for paying tuition under division (C)(5) of this section.

(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,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner 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 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)
(B)

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 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 director requires.

Upon
receipt of the report the director, 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 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 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.
3313.646.
(A)

As
used in this section:

(1)
"All-day preschool" means a preschool program that is in
session for not less than the same number of clock hours each week as
for students in grades kindergarten through six.

(2)
"Half-day preschool" means a preschool program that is in
session for not less than half of the number of clock hours each week
as for students in grades kindergarten through six.

(B)(1)

The
board of education of
a

each
city, exempted village, or local
school
district, except a cooperative education district established
pursuant to section 3311.521 of the Revised Code,
may
establish and
shall

operate
a
half-day
preschool
program

to
provide services to preschool-age
for

children
,
provided the board has demonstrated a need for the program

four and five years of age and who are not enrolled in kindergarten
.

Each
board shall determine the number of days a preschool program will
meet each week to meet the minimum number of clock hours required for
the program.
A
board may use school funds in support of preschool programs.
A
board may charge tuition for its preschool program in accordance with
section 3317.083 of the Revised Code.
The
board shall maintain, operate, and admit children to any such program
pursuant to rules adopted by such board and the rules adopted under
sections 3301.52 to
3301.57

3301.59

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.
(2)
Each school district shall designate either the first day of August
or the thirtieth day of September of each year as the date by which a
child must be four years of age to enroll in the district's preschool
program. Each school district shall display the designated date on
the district's web site or otherwise provide the designated date to
parents or guardians seeking to enroll a child in the district's
preschool program. A child is eligible to enroll in a school
district's preschool program if, on the date designated by the school
district in the year of enrollment, the child either:

(a)
Is four years of age and the child's parent or guardian intends to
enroll the child in kindergarten at five years of age;

(b)
Is five years of age and the child's parent or guardian intends to
enroll the child in kindergarten at six years of age.

If
a child enrolls in a preschool program at four years of age with the
intention to enroll in kindergarten at five years of age, but the
child's parent or guardian and the school district in which the child
attends preschool determine that the child is not ready to enter
kindergarten at five years of age, then the school district shall
permit the child to enroll in a second year of preschool.

(3)
School districts may offer any of the following:

(a)
Preschool enrollment for children three years of age;

(b)
Multiple years of preschool enrollment to children three or four
years of age;

(c)
An all-day preschool program.

(B)
(C)

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)
(D)

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)
(E)

A contract entered into under division
(C)
(D)

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)
(F)

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.
3313.6415.
(A)
As used in this section:

(1)
"Eligible operator" means any of the following:

(a)
The board of education of a city, exempted village, or local school
district that is adjacent to a school district seeking to outsource
its preschool program;

(b)
A community school established under Chapter 3314. of the Revised
Code that meets all of the following:

(i)
The community school's operator as defined in section 3314.02 of the
Revised Code is a nonprofit organization;

(ii)
The community school is not under an exemption or waiver from any
department of education and workforce oversight, ratings, or
regulations;

(iii)
The community school is not under an exemption or waiver from the
permanent closure criteria under section 3314.35 of the Revised Code.

(c)
A STEM school established under Chapter 3326. of the Revised Code;

(d)
An eligible nonpublic school, as defined in section 3301.52 of the
Revised Code, that does not have a religious affiliation;

(e)
An organization operated by a county, municipal corporation, or
subdivision of a municipal corporation;

(f)
A child care center, as defined in section 5104.01 of the Revised
Code, that is either of the following:

(i)
Operated by a secular nonprofit organization;

(ii)
Operated by a secular for-profit organization and the child care
center's preschool program has received a step up to quality rating
of four stars or higher under section 5104.29 of the Revised Code.

(2)
"Qualifying preschool program" means an existing preschool
program licensed under sections 3301.52 to 3301.59 of the Revised
Code or an existing child care center licensed under section 5104.02
of the Revised Code that offers preschool programming that meets both
of the following:

(a)
The preschool program or child care center is operated by an eligible
operator;

(b)
The preschool program or child care center meets either of the
following:

(i)
The preschool program or child care center is located within the
school district and has received a step up to quality rating of three
stars or higher under section 5104.29 of the Revised Code or an
equivalent rating under division (D) of this section;

(ii)
The preschool program or child care center is located within an
adjacent school district and has received a step up to quality rating
of four stars or higher under section 5104.29 of the Revised Code or
an equivalent rating under division (D) of this section.

(B)
In lieu of operating a preschool program under section 3313.646 of
the Revised Code, the board of education of a city, exempted village,
or local school district may contract with one or more qualifying
preschool programs to offer a preschool program on behalf of the
school district or to offer a joint preschool program. A preschool
program operated under this section shall comply with the
requirements in sections 3301.52 to 3301.59 of the Revised Code and
the rules adopted under those sections. A board shall administer the
enrollment process for a preschool program operated under this
section. A board may charge tuition for a preschool program operated
under this section. If a board charges tuition, it shall do so under
section 3317.083 of the Revised Code.

(C)(1)
Prior to entering into a contract under this section, the district
board shall do the following:

(a)
Hold a public hearing and adopt a resolution outlining the district's
rules for outsourcing a preschool program or forming a joint
preschool program;

(b)
After adopting such a resolution, hold a public hearing during which
the prospective eligible operator shall give a presentation on the
eligible operator's preschool program and answer questions from
attendees.

(2)
A district board that has outsourced its preschool program shall hold
a public hearing and adopt a resolution to renew or update its
preschool outsourcing rules at least every two years.

(D)
The department of children and youth shall develop a rating system
using identical components and rating standards to the step up to
quality program created under section 5104.29 of the Revised Code.
The department shall develop and administer a process under which
preschool programs and child care centers may request a rating for
the purpose of becoming a qualifying preschool program under this
section.

Sec.
3313.842.
(A)
The boards of education or governing authorities of any two or more
school districts or community schools may enter into an agreement for
joint or cooperative establishment and operation of any educational
program including any class, course, or program that may be included
in a school district's or community school's graded course of study
and staff development programs for teaching and nonteaching school
employees. Each school district or community school that is party to
such an agreement may contribute funds of the district or school in
support of the agreement and for the establishment and operation of
any educational program established under the agreement. The
agreement shall designate one of the districts or community schools
as responsible for receiving and disbursing the funds contributed by
the parties to the agreement.

(B)
Notwithstanding sections 3313.48 and 3313.64 of the Revised Code, any
school district that is party to an agreement for joint or
cooperative establishment and operation of an educational program may
charge fees or tuition for students who participate in the program
and are entitled to attend school in the district under section
3313.64 or 3313.65 of the Revised Code.

Except as otherwise provided in division (G) of section 3321.01 of
the Revised Code, no community school that is party to the agreement
shall charge fees or tuition for students who participate in the
program and are reported by the school under division (B) of section
3314.08 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.

(11)
"Active duty member" means a member of the armed forces of
the United States who is on full-time duty.

(12)
"Armed forces" means the United States army, navy, air
force, space force, marine corps, and coast guard.

(13)
"Preschool program" has the same meaning as in section
3317.02 of the Revised Code.

(B)(1)
Subject to division (I) of this section, 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 district may object to the enrollment
of a native student in an adjacent or other district in order to
maintain an appropriate racial balance.

(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 department of education and workforce shall monitor school
districts to ensure compliance with this section and the districts'
policies. The 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 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)
Notwithstanding anything to the contrary in this section or section
3313.981 of the Revised Code, all of the following apply:

(1)
A policy adopted by a city, exempted village, or local school
district board of education under division (B)(1)(a) or (b) of this
section shall permit any student who is not a native student of the
district to enroll in the district if both of the following apply:

(a)
The student's parent is an active duty member of the armed forces
stationed in the state.

(b)
The student's parent provides to the district a copy of the parent's
official written order verifying the parent's status as an active
duty member of the armed forces.

(2)
In enrolling a student pursuant to division (I) of this section, a
district shall comply with procedures prescribed under divisions
(B)(2) and (C) of this section, except as provided in division (I)(6)
of this section. In addition, the district shall not require tuition
to be paid for the student's enrollment in the district.

(3)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(a) of this section and who
is not a native student of that district shall, for the purposes of
sections 3313.981, 3315.18, 3317.03, and 3318.011 of the Revised
Code, be considered as an "other district student" who
enrolls in a district that has adopted a policy under division
(B)(1)(c) of this section. Such student also shall receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student."

(4)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and who
is not a native student of the district or an adjacent district
shall, nevertheless, be considered an "adjacent district
student" for the purposes of sections 3313.981, 3315.18, and
3317.03 of the Revised Code.

(5)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and
whose parent is subsequently discharged or released from active duty
shall be permitted to attend school in that district and receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student" for the
remainder of the school year in which the parent is discharged or
released from active duty. After the conclusion of that school year,
that student shall not be eligible under this division, as long as
the student does not have a parent on active duty.

(6)
A school district that enrolls a student under division (I) of this
section, or that enrolls a student described in division (I)(1) of
this section under division (B)(1)(c) of this section, shall not
require the student to comply with any application deadline
established under division (B)(2) of this section.

(J)
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 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 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
enrolled
in a
preschool

children with disabilities

program operated by the district
,
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
enrolled
in a
preschool

children
with disabilities enrolled in
program
operated by the
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
enrolled
in a
preschool

children with disabilities

program operated by the district
,
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 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 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
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 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.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of 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 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
and educational philosophy, 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 employees, including both of the following:

(a)
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;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(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, 3301.24, 3301.948, 3302.037, 3313.472,
3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318,
3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031,
3313.643, 3313.648, 3313.6411, 3313.6413, 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, 3313.7117, 3313.721, 3313.753, 3313.80,
3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86,
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238,
3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41,
3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04,
3321.01, 3321.041,
3321.05,

3321.13,
3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24,
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 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
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 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 department of children and youth 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 (B)(2) 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.

(m)
The school will comply with section 3313.7118 of the Revised Code if
it serves elementary school students.

(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 (D) 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, both of the following:

(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;

(b)
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.

(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 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 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.

(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, 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.

(34)
A provision establishing the process by which the governing authority
of the school will be selected in the future.

(35)
A description of the management and administration of the school.

(36)
A provision requiring the governing authority to adopt policies and
procedures to establish internal financial controls for the school.

(B)
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.

(C)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department 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)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
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;

(5)
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.

(D)
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.

(E)
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.
3314.08.
(A)
As used in this section:

(1)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.

(2)

"Preschool
program" has the same meaning as in section 3317.02 of the
Revised Code.

(3)

"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 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

and a preschool operated by 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

or a preschool operated by the school
,
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 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)
(8)

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 cost for serving
the student as specified in division (B) of section 3317.0214 of the
Revised Code, the school may submit to the director of education and
workforce documentation, as prescribed by the director, 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 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 2026 and 2027, 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)
The state is not liable for debt incurred by the governing authority
of a community school.

(H)
The department 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 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 department of education
and workforce, 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.

(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
director.

(b)
The 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)
Any decision made by the 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 director.

(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 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 director may grant a waiver only for
good cause in accordance with rules adopted by the 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.
3317.011.
This
section shall apply only for fiscal years 2026 and 2027.

(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 2022 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 2022 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 2022 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 2022 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 2022 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 2022
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 2022 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 2022 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 2022 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 2022 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 2022 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 2022 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 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)
(a)(i)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in a
preschool program operated by the district and divide that number by
10;

(ii)

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 2022 data;

(b)
Determine the sum of the enrolled ADM of every school district in the
state using fiscal year 2022 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 2022 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 2022 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 2022 data;

(b)
Determine the sum of the enrolled ADM of every school district in the
state using fiscal year 2022 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 the
preceding 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)
Determine both of the following:

(i)
The average building square feet per pupil for all city, local, and
exempted village school district buildings in the state;

(ii)
The 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.
3317.0110.
This
section shall apply only for fiscal years 2026 and 2027.

(A)
As used in this section:

(1)
"Average teacher cost" for a fiscal year has the same
meaning as in section 3317.011 of the Revised Code.

(2)
"Eligible community or STEM school" means a community or
STEM school that satisfies one of the following:

(a)
The school is a member of an organization that regulates
interscholastic athletics.

(b)
The school has teams in at least three different sports that
participate in an interscholastic league.

(B)
When calculating a community or STEM school's aggregate base cost
under this section, the department of education and workforce shall
use data from fiscal year 2022 for the average teacher cost.

(C)
A community or STEM school's aggregate base cost for a fiscal year
shall be equal to the following sum:

(The
school's teacher base cost for that fiscal year computed under
division (D) of this section) + (the school's student support base
cost for that fiscal year computed under division (E) of this
section) + (the school's leadership and accountability base cost for
that fiscal year computed under division (F) of this section) + (the
school's building leadership and operations base cost for that fiscal
year computed under division (G) of this section) + (the school's
athletic co-curricular activities base cost for that fiscal year
computed under division (H) of this section, if the school is an
eligible community or STEM school)

(D)
The department shall compute a community or STEM school's teacher
base cost for a fiscal year as follows:

(1)
Calculate the school's classroom teacher cost for that fiscal year as
follows:

(a)
(a)(i)
Determine the full-time equivalency of students enrolled in the
school's preschool program, if it has one, for the fiscal year and
divide that number by 10;

(ii)

Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in kindergarten and
divide that number by 20
;

.

(b)
Determine the full-time equivalency of students enrolled in the
school 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 enrolled in the
school 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 enrolled in the
school 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 enrolled in the
school for that fiscal year that are enrolled in a career-technical
education program or class, as reported under division (B)(4) of
section 3314.08 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 school's special teacher cost for that fiscal year as
follows:

(a)
Divide the number of students enrolled in the school for that fiscal
year by 150;

(b)
Compute the special teacher cost by multiplying the quotient obtained
under division (D)(2)(a) of this section by the average teacher cost
for that fiscal year.

(3)
Calculate the school'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 quotient
obtained under division (D)(2)(a) of this section) X the amount
computed under division (D)(3)(a) of this section X 5

(4)
Calculate the school'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 quotient
obtained under division (D)(2)(a) of this section) 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 school'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 community or STEM school's student
support base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X
[(the sum of the student support base cost calculated for all city,
local, and exempted village school districts in the state for that
fiscal year under division (E) of section 3317.011 of the Revised
Code)
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year]

(F)
The department shall compute a community or STEM school's leadership
and accountability base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
sum of the leadership and accountability base cost calculated for all
city, local, and exempted village school districts in the state for
that fiscal year under division (F) of section 3317.011 of the
Revised Code
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year)

(G)
The department shall compute a community or STEM school's building
leadership and operations base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
sum of the building leadership and accountability base cost
calculated for all city, local, and exempted village school districts
in the state for that fiscal year under division (G) of section
3317.011 of the Revised Code
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year)

(H)
If a community or STEM school is an eligible community or STEM
school, the department shall compute the school's athletic
co-curricular activities base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
amount determined under division (H)(1) of section 3317.011 of the
Revised Code
/

the sum determined under division (H)(2) of section 3317.011 of the
Revised Code)

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 2026 and 2027, 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 2026 and 2027, 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 2028 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 2026 and 2027, 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 2028 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 2026 and 2027, 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 2028 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 2026 and 2027, 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, 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 2028 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 department and adjusted if so
ordered under division (K) of that section, and as further adjusted
by the department, 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 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 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 department
and adjusted if so ordered under division (K) of that section, and as
further adjusted by the department, 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 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
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 2026 and 2027, "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)
For fiscal years 2026 and 2027, 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)
For fiscal years 2026 and 2027, 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 2026 and 2027, "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)
For fiscal years 2026 and 2027, 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 2026 and 2027, "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 2026 and 2027, "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 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 department as conditions where a substantial
majority of cases fall within the definition of "medically
fragile child."

(b)
The child is determined by the department to be a medically fragile
child. A school district superintendent may petition the 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 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 2026 and 2027, 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 2026 and 2027, 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)
(Z)(1)

"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.

(2)
"Preschool program" means a preschool program that is
licensed under sections 3301.52 to 3301.59 of the Revised Code.

(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 2026 and 2027, the state share percentage calculated
under section 3317.017 of the Revised Code;

(b)
For fiscal year 2028 and each fiscal year thereafter, a percentage
calculated in a manner determined by the general assembly.

(2)
"State share percentage" means, for a joint vocational
school district, the district's state share percentage calculated
under section 3317.165 of the Revised Code.

(FF)
"Statewide average base cost per pupil" means the
following:

(1)
For fiscal years 2026 and 2027, the statewide average base cost per
pupil calculated under division (A) of section 3317.018 of the
Revised Code;

(2)
For fiscal year 2028 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 2026 and 2027, 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 2028 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 3317.165 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 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.
3317.0213.
(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 2026 and 2027, 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 2028 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.
3317.03.
(A)
The superintendent of each city, local, and exempted village school
district shall report to the 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 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
sum
of the
number
of students in grades kindergarten through twelve receiving any
educational services from the district

and the number of students enrolled in the district's preschool
program who reside in 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 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 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)

(1)(a)

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;

(b)
The total enrollment of students in the district's preschool program
who reside in the district.

(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;

(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 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
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 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 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 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
department may grant such a waiver only for good cause in accordance
with rules adopted by the department.

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 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 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
department, in the manner prescribed by the director 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
department the enrollment in those units, in the manner prescribed by
the director 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 department, in the manner prescribed by the
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 department, in the manner prescribed by the
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.

(I)
This division shall not apply on or after 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 director of education and workforce, in a manner
prescribed by the 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 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
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.

(L)
Notwithstanding anything to the contrary in this chapter, a student
enrolled in a preschool program operated by the city, local, or
exempted village school district in which the student resides is
deemed to be entitled to attend school in that district under section
3313.64 of the Revised Code for the purposes of calculating the
district's state core foundation funding under this chapter.

Sec.
3317.083.
(A)
As used in this section:

(1)
"Family income multiple" means a multiple determined as
follows:

(a)
For a student with a family adjusted gross income at or below 250% of
the federal poverty guidelines, 0.00;

(b)
For a student with a family adjusted gross income above 250% of the
federal poverty guidelines, but at or below 270% of the federal
poverty guidelines, 0.05;

(c)
For a student with a family adjusted gross income above 270% of the
federal poverty guidelines, but at or below 290% of the federal
poverty guidelines, 0.10;

(d)
For a student with a family adjusted gross income above 290% of the
federal poverty guidelines, but at or below 310% of the federal
poverty guidelines, 0.20;

(e)
For a student with a family adjusted gross income above 310% of the
federal poverty guidelines, but at or below 330% of the federal
poverty guidelines, 0.30;

(f)
For a student with a family adjusted gross income above 330% of the
federal poverty guidelines, but at or below 350% of the federal
poverty guidelines, 0.40;

(g)
For a student with a family adjusted gross income above 350% of the
federal poverty guidelines, but at or below 370% of the federal
poverty guidelines, 0.50;

(h)
For a student with a family adjusted gross income above 370% of the
federal poverty guidelines, but at or below 390% of the federal
poverty guidelines, 0.60;

(i)
For a student with a family adjusted gross income above 390% of the
federal poverty guidelines, but at or below 410% of the federal
poverty guidelines, 0.70;

(j)
For a student with a family adjusted gross income above 410% of the
federal poverty guidelines, but at or below 430% of the federal
poverty guidelines, 0.80;

(k)
For a student with a family adjusted gross income above 430% of the
federal poverty guidelines, but at or below 450% of the federal
poverty guidelines, 0.90;

(l)
For a student with a family adjusted gross income above 450% of the
federal poverty guidelines, 1.00.

(2)
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.

(3)
"Maximum amount" means an amount of tuition calculated for
a student as follows:

[The
school district's base cost per pupil - (the school district's base
cost per pupil X the school district's state share percentage)] X
0.40 X the student's family income multiple

(B)
Except as provided for in division (E) of this section, the board of
education of a city, local, or exempted village school district
operating a preschool program in accordance with section 3313.646 of
the Revised Code may charge tuition for a student's participation in
the program. The district board shall adopt a resolution establishing
tuition for participation in that program. The district board shall
hold at least one public hearing prior to adopting the resolution.

(C)
The amount of tuition charged for a student under this section shall
not exceed the student's maximum amount, unless the student's family
has an adjusted gross income above seven hundred per cent of the
federal poverty guidelines. A district may charge a student with a
family income above seven hundred per cent of the federal poverty
guidelines any amount it determines appropriate.

A
district board shall establish multiple payment plans from which a
student's parent may choose to pay the required amount of tuition. A
district board shall at least establish payment plans that permit a
parent to pay the tuition in one lump sum payment, to pay the tuition
in nine equal payments, and to pay the tuition in equal monthly
payments. A district board shall not charge an additional fee or
interest to a student's parent for electing to pay tuition in
multiple equal payments.

(D)
Once the department of education and workforce determines the school
financing system established in H.B. 110 of the 134th general
assembly has been fully implemented, the department shall notify each
school district of that fact and the school year in which the system
is fully implemented.

No
school district shall charge tuition in accordance with this section
for the school year in which the school financing system is fully
implemented, or in any subsequent school year, unless the district
receives a two-year waiver from the department to continue charging
tuition.

A
school district may apply to renew a waiver. A waiver or waiver
renewal request shall be processed in accordance with division (E) of
this section.

(E)
A two-year waiver or a waiver renewal request under this section
shall be submitted, approved or disapproved, and, if applicable,
appealed, as follows:

(1)
Not later than the third day of March prior to the first school year
of the waiver's term, a school district shall submit the request to
the department. Prior to submitting the request, the district's board
of education shall hold a public hearing on the issue and adopt a
resolution requesting the waiver or renewal.

(2)
Within thirty days after receiving a request under division (E)(1) of
this section, prior to the first day of July of the first school year
in the waiver's term, the department shall approve or disapprove the
request and notify the district;

(3)
If the department disapproves a request, the district may appeal the
decision within fifteen days after receiving notice of the waiver's
denial to the state board of education.

(4)
Within fifteen days after receiving the appeal request under division
(E)(3) of this section, the state board shall conduct a public
hearing regarding the appeal. At that public hearing, the district
superintendent and the deputy director of primary and secondary
education shall each make a presentation to the state board regarding
the disapproval, and the state board shall vote on whether to approve
or disapprove the appeal. If a majority of the members of the state
board vote in favor of the appeal, the waiver is approved.

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)
Each school district board of education shall admit to kindergarten
any student who is five or, for a student who has not completed first
grade, six years of age by the first day of instruction of the school
year of admittance.

In
a district in which all children are admitted to the first grade in
August or September, a child shall be admitted if the child is six
years of age 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, respectively, 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 for admittance to first grade.

(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 child 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 child 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 child 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 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
A
district shall not charge tuition for any child enrolled in its
all-day kindergarten program
.

Sec.
3321.05.
(A)
As used in this section, "all-day kindergarten" means a
kindergarten class that is in session for not less than the same
number of clock hours each week as for students in grades one through
six.

(B)

Any

Each
city, exempted village, and local
school
district

may
,
community school established under Chapter 3314. of the Revised Code,
STEM school established under Chapter 3326. of the Revised Code, and
chartered nonpublic school that offers a kindergarten program shall

operate

an

all-day
kindergarten
or
extended kindergarten, but no district shall require any student to
attend kindergarten for more than the number of clock hours required
each day for traditional kindergarten by the minimum standards
adopted under division (D) of section 3301.07 of the Revised Code.
Each school district that operates all-day or extended kindergarten
shall accommodate kindergarten students whose parents or guardians
elect to enroll them for the minimum number of hours
program
.

(C)
A school district may use space in child care centers licensed under
Chapter 5104. of the Revised Code to provide all-day kindergarten
under this section.

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 department of education
and workforce, and any procedures or guidelines issued by the
director 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 department of education and
workforce.

The
department of education and workforce 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 department of education and workforce shall consult with the
department of children and youth on rules or standards regarding the
provision of special education and related services for children with
disabilities from three to five years of age. The state law and the
rules or standards of the department of education and workforce 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 department of education and workforce specifies that
another school district, other educational agency, or other agency,
department, or entity is responsible for ensuring compliance with
Part B of IDEIA.

The
department of children and youth shall, as appropriate, incorporate
the department of education and workforce's rules or standards for
providing special education and related services for children with
disabilities into the licensing requirements for preschool programs
under sections 3301.52 to 3301.59 of the Revised Code.

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
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
department of education and workforce 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 department of
education and workforce 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.

Section
4.
That
existing sections 3301.50, 3301.53, 3301.54, 3301.56, 3313.48,
3313.64, 3313.646, 3313.842, 3313.98, 3313.981, 3314.03, 3314.08,
3317.011, 3317.0110, 3317.02, 3317.0213, 3317.03, 3321.01, 3321.05,
and 3323.02 of the Revised Code are hereby repealed.

Section
5.
Sections
3 and 4 of this act take effect July 1, 2031.

Section
6.
This
act shall be known as the Preschool for All Act.

Section
7.
Section
3314.03 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 10 and H.B. 96 of the 136th
General Assembly. 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.