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As Re-Referred to the Senate Finance Committee
136th
General Assembly
Regular
Session
S. B. No. 44
2025-2026
Senator O'Brien
Cosponsors: Senators Cirino,
Schaffer, Brenner
A
BILL
To
amend sections 3310.034
,
3310.51
,
and 3310.52
of the Revised Code
to
permit students to concurrently receive an Educational Choice
scholarship or Pilot Project scholarship and either an Autism or Jon
Peterson Special Needs scholarship and to make an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3310.034
,
3310.51
,
and 3310.52
of the Revised Code be amended to read as follows:
Sec.
3310.034.
(A)
As
used in this section:
(1)
"State scholarship" means any of the following:
(a)
The educational choice scholarship pilot program under section
3310.03 of the Revised Code;
(b)
The expansion of the educational choice scholarship pilot program
under section 3310.032 of the Revised Code;
(c)
The pilot project scholarship program under sections 3313.974 to
3313.979 of the Revised Code.
(2)
"Qualifying student" means a student who is eligible for a
state scholarship.
(B)
Notwithstanding anything in the Revised Code to the contrary, a
qualifying student may receive in the same school year both a state
scholarship for which the student is eligible and a scholarship under
one of the following programs, so long as the student is eligible for
that program:
(1)
The autism scholarship program established under section 3310.41 of
the Revised Code;
(2)
The Jon Peterson special needs scholarship program established under
sections 3310.51 to 3310.64 of the Revised Code.
The
amount a student receives under both scholarships shall not exceed
the total amount paid for services or tuition and fees provided to a
student under those scholarships.
If
a student receives both a state scholarship and a Jon Peterson
special needs scholarship, the student shall only use the Jon
Peterson special needs scholarship to pay for fees for the student's
special education program in accordance with section 3310.52 of the
Revised Code. Such student shall not use the Jon Peterson special
needs scholarship to pay for tuition at the provider that operates
the student's special education program.
(C)
Notwithstanding
anything in section 3310.03 of the Revised Code to the contrary, a
student who is the recipient of an autism scholarship under section
3310.41 of the Revised Code or a Jon Peterson special needs
scholarship under section 3310.52 of the Revised Code but who is no
longer in need of special education and related services under
Chapter 3323. of the Revised Code and, therefore, is no longer
eligible to receive that scholarship may be considered an "eligible
student" for purposes of the educational choice scholarship
pilot program under section 3310.03 of the Revised Code, regardless
of whether the student is enrolled in a school building described in
division (A)(1) or (C) of that section.
(B)
(D)
A
student described in
division
(A) of
this
section who receives a
state
scholarship
under
section 3310.03 of the Revised Code
remains
an eligible student and may continue to receive that scholarship in
subsequent school years until the student completes grade twelve, so
long as the student satisfies
one of
the
following
conditions
:
(1)
The student receives a scholarship established under section 3310.03,
3310.032, or sections 3313.974 to 3313.979 of the Revised Code as
described in division (B) of this section and continues to meet the
eligibility criteria for that scholarship;
(2)
The student
receives
a scholarship established under section 3310.03 of the Revised Code
pursuant to division (C) of this section and satisfies the
requirements
specified
in divisions (D)(2) and (3) of section 3310.03 of the Revised Code.
Sec.
3310.51.
As
used in sections 3310.51 to 3310.64 of the Revised Code:
(A)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program and to which the eligible applicant owes fees for the
services provided to the child:
(1)
A school district that is not the school district in which the child
is entitled to attend school or the child's school district of
residence, if different;
(2)
A public entity other than a school district.
(B)
"Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C)
"Eligible applicant" means any of the following:
(1)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division. When
the marriage of the natural or adoptive parents of the student has
been terminated by a divorce, dissolution of marriage, or annulment,
or when the natural or adoptive parents of the student are living
separate and apart under a legal separation decree, and a court has
issued an order allocating the parental rights and responsibilities
with respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.
(2)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;
(3)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;
(4)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;
(5)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;
(6)
A qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of
age.
(D)
"Entitled to attend school" means entitled to attend school
in a school district under sections 3313.64 and 3313.65 of the
Revised Code.
(E)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.
(F)
"Qualified special education child" is a child for whom all
of the following conditions apply:
(1)
The child is at least five years of age and less than twenty-two
years of age.
(2)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
identified the child as a child with a disability.
(3)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
developed an individualized education program under Chapter 3323. of
the Revised Code for the child.
(4)
The child either:
(a)
Was enrolled in the schools of the school district in which the child
is entitled to attend school in any grade from kindergarten through
twelve in the school year prior to the school year in which a
scholarship is first sought for the child;
(b)
Is eligible to enter school in any grade kindergarten through twelve
in the school district in which the child is entitled to attend
school in the school year in which a scholarship is first sought for
the child.
(5)
The department of education and workforce has not approved a
scholarship for the child under the
educational
choice scholarship pilot program, under sections 3310.01 to 3310.17
of the Revised Code, the
autism
scholarship program, under section 3310.41 of the Revised Code,
or
the pilot project scholarship program, under sections 3313.974 to
3313.979 of the Revised Code
for
the same school year in which a scholarship under the Jon Peterson
special needs scholarship program is sought.
(6)
The child and the child's parents are in compliance with the state
compulsory attendance law under Chapter 3321. of the Revised Code.
(G)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the superintendent
of public instruction under section 3310.58 of the Revised Code prior
to
the
effective date of this amendment
October
3, 2023,
or
the department of education and workforce on or after that date.
(H)
"Scholarship" means a scholarship awarded under the Jon
Peterson special needs scholarship program pursuant to sections
3310.51 to 3310.64 of the Revised Code.
(I)
"School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school established
under Chapter 3314. of the Revised Code is not a "school
district of residence" for purposes of sections 3310.51 to
3310.64 of the Revised Code.
(J)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.
(K)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.
Sec.
3310.52.
(A)
The Jon Peterson special needs scholarship program is hereby
established. Under the program, beginning with the 2012-2013 school
year, subject to division (B) of this section, the department of
education and workforce annually shall pay a scholarship under
section 3317.022 of the Revised Code to an eligible applicant for
services provided by an alternative public provider or a registered
private provider for a qualified special education child.
The
Except
as provided in division (E) of this section, the
scholarship
shall be used only to pay all or part of the fees for the child to
attend the special education program operated by the alternative
public provider or registered private provider to implement the
child's individualized education program, in lieu of the child's
attending the special education program operated by the school
district in which the child is entitled to attend school, and other
services agreed to by the provider and eligible applicant that are
not included in the individualized education program but are
associated with educating the child. Beginning in the 2014-2015
school year, if the child is receiving special education services for
a disability specified in division (A) of section 3317.013 of the
Revised Code, the scholarship shall be used only to pay for related
services that are included in the child's individualized education
program. Upon agreement with the eligible applicant, the alternative
public provider or registered private provider may modify the
services provided to the child.
Services
provided through the program established under this section may be
provided virtually by qualified, credentialed providers in accordance
with standards established by the department.
(B)
The number of scholarships awarded under the program in any fiscal
year shall not exceed five per cent of the total number of students
residing in the state identified as children with disabilities during
the previous fiscal year.
(C)
The department shall pay a scholarship under section 3317.022 of the
Revised Code to the parent of each qualified special education child,
unless the parent authorizes a direct payment to the child's
provider, upon application of that parent in the manner prescribed by
the department. However, the department shall not adopt specific
dates for application deadlines for scholarships under the program.
(D)
The department shall not require the parent of a student who applies
for or receives a scholarship under this section to complete any kind
of income verification regarding the student's family income.
(E)
A scholarship awarded under this section to a qualified special
education child who does not receive a state scholarship, as defined
in section 3310.034 of the Revised Code, in accordance with that
section may be applied to the child's tuition at an alternative
public provider or registered private provider if any amount of the
scholarship remains after paying the child's fees for attending a
special education program operated by that provider.
Section
2.
That
existing sections 3310.034
,
3310.51
,
and 3310.52
of the Revised Code are hereby repealed.
Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
4.
1
2
3
4
5
A
EDU
DEPARTMENT OF EDUCATION AND WORKFORCE
B
General
Revenue Fund
C
GRF
200550
Foundation
Funding - All Students
$42,000,000
$42,000,000
D
TOTAL
GRF General Revenue Fund
$42,000,000
$42,000,000
E
TOTAL
ALL BUDGET FUND GROUPS
$42,000,000
$42,000,000
Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of the main operating budget of the 136th
General Assembly.