Sub. S. B. No. 57 As Reported by the House Education Committee

As Reported by the House Education Committee

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 57

Senator Coughlin

Cosponsors: Senators Mumper, Buehrer, Goodman, Harris, Cates
Representatives Setzer, Peterson, Schlichter, Webster

A BILL

To amend sections 109.57, 109.572, 3301.0714,

3317.022, 3317.03, 4776.01, and 5727.84 and to

enact sections 3310.51, 3310.52, 3310.521, 3310.53

to 3310.64, and 3323.052 of the Revised Code and

to amend Section 3 of Am. Sub. H.B. 79 of the

126th General Assembly to create the Special

Education Scholarship Pilot Program and to

extend the deadline for the Partnership for

Continued Learning to submit a report on

community schools and the Educational Choice

Scholarship Pilot Program.

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

Section 1. That sections 109.57, 109.572, 3301.0714,	12
3317.022, 3317.03, 4776.01, and 5727.84 be amended and sections	13
3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56,	14
3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63,	15
3310.64, and 3323.052 of the Revised Code be enacted to read as	16
follows:	17

Sec. 109.57. (A)(1) The superintendent of the bureau of	18
criminal identification and investigation shall procure from	19
wherever procurable and file for record photographs, pictures,	20
descriptions, fingerprints, measurements, and other information	21
that may be pertinent of all persons who have been convicted of	22
committing within this state a felony, any crime constituting a	23
misdemeanor on the first offense and a felony on subsequent	24
offenses, or any misdemeanor described in division (A)(1)(a) or	25
(A)(10)(a) of section 109.572 of the Revised Code, of all children	26
under eighteen years of age who have been adjudicated delinquent	27
children for committing within this state an act that would be a	28
felony or an offense of violence if committed by an adult or who	29
have been convicted of or pleaded guilty to committing within this	30
state a felony or an offense of violence, and of all well-known	31
and habitual criminals. The person in charge of any county,	32
multicounty, municipal, municipal-county, or multicounty-municipal	33
jail or workhouse, community-based correctional facility, halfway	34
house, alternative residential facility, or state correctional	35
institution and the person in charge of any state institution	36
having custody of a person suspected of having committed a felony,	37
any crime constituting a misdemeanor on the first offense and a	38
felony on subsequent offenses, or any misdemeanor described in	39
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	40
Code or having custody of a child under eighteen years of age with	41
respect to whom there is probable cause to believe that the child	42
may have committed an act that would be a felony or an offense of	43
violence if committed by an adult shall furnish such material to	44
the superintendent of the bureau. Fingerprints, photographs, or	45
other descriptive information of a child who is under eighteen	46
years of age, has not been arrested or otherwise taken into	47
custody for committing an act that would be a felony or an offense	48
of violence if committed by an adult, has not been adjudicated a	49
delinquent child for committing an act that would be a felony or	50
an offense of violence if committed by an adult, has not been	51
convicted of or pleaded guilty to committing a felony or an	52
offense of violence, and is not a child with respect to whom there	53
is probable cause to believe that the child may have committed an	54
act that would be a felony or an offense of violence if committed	55
by an adult shall not be procured by the superintendent or	56
furnished by any person in charge of any county, multicounty,	57
municipal, municipal-county, or multicounty-municipal jail or	58
workhouse, community-based correctional facility, halfway house,	59
alternative residential facility, or state correctional	60
institution, except as authorized in section 2151.313 of the	61
Revised Code.	62

(2) Every clerk of a court of record in this state, other	63
than the supreme court or a court of appeals, shall send to the	64
superintendent of the bureau a weekly report containing a summary	65
of each case involving a felony, involving any crime constituting	66
a misdemeanor on the first offense and a felony on subsequent	67
offenses, involving a misdemeanor described in division (A)(1)(a)	68
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	69
an adjudication in a case in which a child under eighteen years of	70
age was alleged to be a delinquent child for committing an act	71
that would be a felony or an offense of violence if committed by	72
an adult. The clerk of the court of common pleas shall include in	73
the report and summary the clerk sends under this division all	74
information described in divisions (A)(2)(a) to (f) of this	75
section regarding a case before the court of appeals that is	76
served by that clerk. The summary shall be written on the standard	77
forms furnished by the superintendent pursuant to division (B) of	78
this section and shall include the following information:	79

(a) The incident tracking number contained on the standard	80
forms furnished by the superintendent pursuant to division (B) of	81
this section;	82

(b) The style and number of the case;

(d) The date that the person was convicted of or pleaded	85
guilty to the offense, adjudicated a delinquent child for	86
committing the act that would be a felony or an offense of	87
violence if committed by an adult, found not guilty of the	88
offense, or found not to be a delinquent child for committing an	89
act that would be a felony or an offense of violence if committed	90
by an adult, the date of an entry dismissing the charge, an entry	91
declaring a mistrial of the offense in which the person is	92
discharged, an entry finding that the person or child is not	93
competent to stand trial, or an entry of a nolle prosequi, or the	94
date of any other determination that constitutes final resolution	95
of the case;	96

(e) A statement of the original charge with the section of	97
the Revised Code that was alleged to be violated;	98

(f) If the person or child was convicted, pleaded guilty, or	99
was adjudicated a delinquent child, the sentence or terms of	100
probation imposed or any other disposition of the offender or the	101
delinquent child.	102

If the offense involved the disarming of a law enforcement	103
officer or an attempt to disarm a law enforcement officer, the	104
clerk shall clearly state that fact in the summary, and the	105
superintendent shall ensure that a clear statement of that fact is	106
placed in the bureau's records.	107

(3) The superintendent shall cooperate with and assist	108
sheriffs, chiefs of police, and other law enforcement officers in	109
the establishment of a complete system of criminal identification	110
and in obtaining fingerprints and other means of identification of	111
all persons arrested on a charge of a felony, any crime	112
constituting a misdemeanor on the first offense and a felony on	113
subsequent offenses, or a misdemeanor described in division	114
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	115
of all children under eighteen years of age arrested or otherwise	116
taken into custody for committing an act that would be a felony or	117
an offense of violence if committed by an adult. The	118
superintendent also shall file for record the fingerprint	119
impressions of all persons confined in a county, multicounty,	120
municipal, municipal-county, or multicounty-municipal jail or	121
workhouse, community-based correctional facility, halfway house,	122
alternative residential facility, or state correctional	123
institution for the violation of state laws and of all children	124
under eighteen years of age who are confined in a county,	125
multicounty, municipal, municipal-county, or multicounty-municipal	126
jail or workhouse, community-based correctional facility, halfway	127
house, alternative residential facility, or state correctional	128
institution or in any facility for delinquent children for	129
committing an act that would be a felony or an offense of violence	130
if committed by an adult, and any other information that the	131
superintendent may receive from law enforcement officials of the	132
state and its political subdivisions.	133

(4) The superintendent shall carry out Chapter 2950. of the	134
Revised Code with respect to the registration of persons who are	135
convicted of or plead guilty to a sexually oriented offense or a	136
child-victim oriented offense and with respect to all other duties	137
imposed on the bureau under that chapter.	138

(5) The bureau shall perform centralized recordkeeping	139
functions for criminal history records and services in this state	140
for purposes of the national crime prevention and privacy compact	141
set forth in section 109.571 of the Revised Code and is the	142
criminal history record repository as defined in that section for	143
purposes of that compact. The superintendent or the	144
superintendent's designee is the compact officer for purposes of	145
that compact and shall carry out the responsibilities of the	146
compact officer specified in that compact.	147

(B) The superintendent shall prepare and furnish to every	148
county, multicounty, municipal, municipal-county, or	149
multicounty-municipal jail or workhouse, community-based	150
correctional facility, halfway house, alternative residential	151
facility, or state correctional institution and to every clerk of	152
a court in this state specified in division (A)(2) of this section	153
standard forms for reporting the information required under	154
division (A) of this section. The standard forms that the	155
superintendent prepares pursuant to this division may be in a	156
tangible format, in an electronic format, or in both tangible	157
formats and electronic formats.	158

(C)(1) The superintendent may operate a center for	159
electronic, automated, or other data processing for the storage	160
and retrieval of information, data, and statistics pertaining to	161
criminals and to children under eighteen years of age who are	162
adjudicated delinquent children for committing an act that would	163
be a felony or an offense of violence if committed by an adult,	164
criminal activity, crime prevention, law enforcement, and criminal	165
justice, and may establish and operate a statewide communications	166
network to gather and disseminate information, data, and	167
statistics for the use of law enforcement agencies and for other	168
uses specified in this division. The superintendent may gather,	169
store, retrieve, and disseminate information, data, and statistics	170
that pertain to children who are under eighteen years of age and	171
that are gathered pursuant to sections 109.57 to 109.61 of the	172
Revised Code together with information, data, and statistics that	173
pertain to adults and that are gathered pursuant to those	174
sections.	175

(2) The superintendent or the superintendent's designee shall	176
gather information of the nature described in division (C)(1) of	177
this section that pertains to the offense and delinquency history	178
of a person who has been convicted of, pleaded guilty to, or been	179
adjudicated a delinquent child for committing a sexually oriented	180
offense or a child-victim oriented offense for inclusion in the	181
state registry of sex offenders and child-victim offenders	182
maintained pursuant to division (A)(1) of section 2950.13 of the	183
Revised Code and in the internet database operated pursuant to	184
division (A)(13) of that section and for possible inclusion in the	185
internet database operated pursuant to division (A)(11) of that	186
section.	187

(3) In addition to any other authorized use of information,	188
data, and statistics of the nature described in division (C)(1)	189
of this section, the superintendent or the superintendent's	190
designee may provide and exchange the information, data, and	191
statistics pursuant to the national crime prevention and privacy	192
compact as described in division (A)(5) of this section.	193

(D) The information and materials furnished to the	194
superintendent pursuant to division (A) of this section and	195
information and materials furnished to any board or person under	196
division (F) or (G) of this section are not public records under	197
section 149.43 of the Revised Code. The superintendent or the	198
superintendent's designee shall gather and retain information so	199
furnished under division (A) of this section that pertains to the	200
offense and delinquency history of a person who has been convicted	201
of, pleaded guilty to, or been adjudicated a delinquent child for	202
committing a sexually oriented offense or a child-victim oriented	203
offense for the purposes described in division (C)(2) of this	204
section.	205

(E) The attorney general shall adopt rules, in accordance	206
with Chapter 119. of the Revised Code, setting forth the procedure	207
by which a person may receive or release information gathered by	208
the superintendent pursuant to division (A) of this section. A	209
reasonable fee may be charged for this service. If a temporary	210
employment service submits a request for a determination of	211
whether a person the service plans to refer to an employment	212
position has been convicted of or pleaded guilty to an offense	213
listed in division (A)(1), (3), (4), (5), or (6) of section	214
109.572 of the Revised Code, the request shall be treated as a	215
single request and only one fee shall be charged.	216

(F)(1) As used in division (F)(2) of this section, "head	217
start agency" means an entity in this state that has been approved	218
to be an agency for purposes of subchapter II of the "Community	219
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	220
as amended.	221

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

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

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

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

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

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

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

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

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

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

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

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

366

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

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

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	376
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	377
of the Revised Code, a completed form prescribed pursuant to	378
division (C)(1) of this section, and a set of fingerprint	379
impressions obtained in the manner described in division (C)(2) of	380
this section, the superintendent of the bureau of criminal	381
identification and investigation shall conduct a criminal records	382
check in the manner described in division (B) of this section to	383
determine whether any information exists that indicates that the	384
person who is the subject of the request previously has been	385
convicted of or pleaded guilty to any of the following:	386

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) A violation of section 2903.01, 2903.02, 2903.03,	568
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	569
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	570
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	571
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	572
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	573
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	574
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	575
violation of section 2905.04 of the Revised Code as it existed	576
prior to July 1, 1996, a violation of section 2919.23 of the	577
Revised Code that would have been a violation of section 2905.04	578
of the Revised Code as it existed prior to July 1, 1996, had the	579
violation been committed prior to that date, a violation of	580
section 2925.11 of the Revised Code that is not a minor drug	581
possession offense, or felonious sexual penetration in violation	582
of former section 2907.12 of the Revised Code;	583

(b) A violation of an existing or former law of this state,	584
any other state, or the United States that is substantially	585
equivalent to any of the offenses listed in division (A)(8)(a) of	586
this section.	587

(9) When conducting a criminal records check on a request	588
pursuant to section 5104.013 of the Revised Code for a person who	589
is an owner, licensee, or administrator of a child day-care center	590
or type A family day-care home, an authorized provider of a	591
certified type B family day-care home, or an adult residing in a	592
type A or certified type B home, or when conducting a criminal	593
records check or a request pursuant to section 5104.012 of the	594
Revised Code for a person who is an applicant for employment in a	595
center, type A home, or certified type B home, the superintendent,	596
in addition to the determination made under division (A)(1) of	597
this section, shall determine whether any information exists that	598
indicates that the person has been convicted of or pleaded guilty	599
to any of the following:	600

(a) A violation of section 2913.02, 2913.03, 2913.04,	601
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	602
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	603
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	604
2921.13, or 2923.01 of the Revised Code, a violation of section	605
2923.02 or 2923.03 of the Revised Code that relates to a crime	606
specified in this division or division (A)(1)(a) of this section,	607
or a second violation of section 4511.19 of the Revised Code	608
within five years of the date of application for licensure or	609
certification.	610

(b) A violation of an existing or former law of this state,	611
any other state, or the United States that is substantially	612
equivalent to any of the offenses or violations described in	613
division (A)(9)(a) of this section.	614

(10) Upon receipt of a request pursuant to section 5153.111	615
of the Revised Code, a completed form prescribed pursuant to	616
division (C)(1) of this section, and a set of fingerprint	617
impressions obtained in the manner described in division (C)(2) of	618
this section, the superintendent of the bureau of criminal	619
identification and investigation shall conduct a criminal records	620
check in the manner described in division (B) of this section to	621
determine whether any information exists that indicates that the	622
person who is the subject of the request previously has been	623
convicted of or pleaded guilty to any of the following:	624

(a) A violation of section 2903.01, 2903.02, 2903.03,	625
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	626
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	627
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	628
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	629
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	630
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	631
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	632
felonious sexual penetration in violation of former section	633
2907.12 of the Revised Code, a violation of section 2905.04 of the	634
Revised Code as it existed prior to July 1, 1996, a violation of	635
section 2919.23 of the Revised Code that would have been a	636
violation of section 2905.04 of the Revised Code as it existed	637
prior to July 1, 1996, had the violation been committed prior to	638
that date, or a violation of section 2925.11 of the Revised Code	639
that is not a minor drug possession offense;	640

(b) A violation of an existing or former law of this state,	641
any other state, or the United States that is substantially	642
equivalent to any of the offenses listed in division (A)(10)(a) of	643
this section.	644

(11) On receipt of a request for a criminal records check	645
from an individual pursuant to section 4749.03 or 4749.06 of the	646
Revised Code, accompanied by a completed copy of the form	647
prescribed in division (C)(1) of this section and a set of	648
fingerprint impressions obtained in a manner described in division	649
(C)(2) of this section, the superintendent of the bureau of	650
criminal identification and investigation shall conduct a criminal	651
records check in the manner described in division (B) of this	652
section to determine whether any information exists indicating	653
that the person who is the subject of the request has been	654
convicted of or pleaded guilty to a felony in this state or in any	655
other state. If the individual indicates that a firearm will be	656
carried in the course of business, the superintendent shall	657
require information from the federal bureau of investigation as	658
described in division (B)(2) of this section. The superintendent	659
shall report the findings of the criminal records check and any	660
information the federal bureau of investigation provides to the	661
director of public safety.	662

(12) On receipt of a request pursuant to section 1322.03,	663
1322.031, or 4763.05 of the Revised Code, a completed form	664
prescribed pursuant to division (C)(1) of this section, and a set	665
of fingerprint impressions obtained in the manner described in	666
division (C)(2) of this section, the superintendent of the bureau	667
of criminal identification and investigation shall conduct a	668
criminal records check with respect to any person who has applied	669
for a license, permit, or certification from the department of	670
commerce or a division in the department. The superintendent shall	671
conduct the criminal records check in the manner described in	672
division (B) of this section to determine whether any information	673
exists that indicates that the person who is the subject of the	674
request previously has been convicted of or pleaded guilty to any	675
of the following: a violation of section 2913.02, 2913.11,	676
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	677
criminal offense involving theft, receiving stolen property,	678
embezzlement, forgery, fraud, passing bad checks, money	679
laundering, or drug trafficking, or any criminal offense involving	680
money or securities, as set forth in Chapters 2909., 2911., 2913.,	681
2915., 2921., 2923., and 2925. of the Revised Code; or any	682
existing or former law of this state, any other state, or the	683
United States that is substantially equivalent to those offenses.	684

(13) On receipt of a request for a criminal records check	685
from the treasurer of state under section 113.041 of the Revised	686
Code or from an individual under section 4701.08, 4715.101,	687
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	688
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	689
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	690
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	691
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	692
by a completed form prescribed under division (C)(1) of this	693
section and a set of fingerprint impressions obtained in the	694
manner described in division (C)(2) of this section, the	695
superintendent of the bureau of criminal identification and	696
investigation shall conduct a criminal records check in the	697
manner described in division (B) of this section to determine	698
whether any information exists that indicates that the person who	699
is the subject of the request has been convicted of or pleaded	700
guilty to any criminal offense in this state or any other state.	701
The superintendent shall send the results of a check requested	702
under section 113.041 of the Revised Code to the treasurer of	703
state and shall send the results of a check requested under any of	704
the other listed sections to the licensing board specified by the	705
individual in the request.	706

(14) Not later than thirty days after the date the	707
superintendent receives a request of a type described in division	708
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	709
(12) of this section, the completed form, and the fingerprint	710
impressions, the superintendent shall send the person, board, or	711
entity that made the request any information, other than	712
information the dissemination of which is prohibited by federal	713
law, the superintendent determines exists with respect to the	714
person who is the subject of the request that indicates that the	715
person previously has been convicted of or pleaded guilty to any	716
offense listed or described in division (A)(1), (2), (3), (4),	717
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	718
appropriate. The superintendent shall send the person, board, or	719
entity that made the request a copy of the list of offenses	720
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	721
(9), (10), (11), or (12) of this section, as appropriate. If the	722
request was made under section 3701.881 of the Revised Code with	723
regard to an applicant who may be both responsible for the care,	724
custody, or control of a child and involved in providing direct	725
care to an older adult, the superintendent shall provide a list of	726
the offenses specified in divisions (A)(4) and (6) of this	727
section.	728

Not later than thirty days after the superintendent receives	729
a request for a criminal records check pursuant to section 113.041	730
of the Revised Code, the completed form, and the fingerprint	731
impressions, the superintendent shall send the treasurer of state	732
any information, other than information the dissemination of which	733
is prohibited by federal law, the superintendent determines exist	734
with respect to the person who is the subject of the request that	735
indicates that the person previously has been convicted of or	736
pleaded guilty to any criminal offense in this state or any other	737
state.	738

(B) The superintendent shall conduct any criminal records	739
check requested under section 113.041, 121.08, 173.27, 173.394,	740
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	741
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	742
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	743
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	744
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	745
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	746
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	747
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	748
5126.281, or 5153.111 of the Revised Code as follows:	749

(1) The superintendent shall review or cause to be reviewed	750
any relevant information gathered and compiled by the bureau under	751
division (A) of section 109.57 of the Revised Code that relates to	752
the person who is the subject of the request, including any	753
relevant information contained in records that have been sealed	754
under section 2953.32 of the Revised Code;	755

(2) If the request received by the superintendent asks for	756
information from the federal bureau of investigation, the	757
superintendent shall request from the federal bureau of	758
investigation any information it has with respect to the person	759
who is the subject of the request and shall review or cause to be	760
reviewed any information the superintendent receives from that	761
bureau.	762

(3) The superintendent or the superintendent's designee may	763
request criminal history records from other states or the federal	764
government pursuant to the national crime prevention and privacy	765
compact set forth in section 109.571 of the Revised Code.	766

(C)(1) The superintendent shall prescribe a form to obtain	767
the information necessary to conduct a criminal records check from	768
any person for whom a criminal records check is requested under	769
section 113.041 of the Revised Code or required by section	770
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	771
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	772
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	773
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	774
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	775
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	776
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	777
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	778
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	779
that the superintendent prescribes pursuant to this division may	780
be in a tangible format, in an electronic format, or in both	781
tangible and electronic formats.	782

(2) The superintendent shall prescribe standard impression	783
sheets to obtain the fingerprint impressions of any person for	784
whom a criminal records check is requested under section 113.041	785
of the Revised Code or required by section 121.08, 173.27,	786
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	787
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	788
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	789
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	790
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	791
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	792
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	793
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	794
5126.281, or 5153.111 of the Revised Code. Any person for whom a	795
records check is requested under or required by any of those	796
sections shall obtain the fingerprint impressions at a county	797
sheriff's office, municipal police department, or any other	798
entity with the ability to make fingerprint impressions on the	799
standard impression sheets prescribed by the superintendent. The	800
office, department, or entity may charge the person a reasonable	801
fee for making the impressions. The standard impression sheets the	802
superintendent prescribes pursuant to this division may be in a	803
tangible format, in an electronic format, or in both tangible and	804
electronic formats.	805

(3) Subject to division (D) of this section, the	806
superintendent shall prescribe and charge a reasonable fee for	807
providing a criminal records check requested under section	808
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	809
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	810
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	811
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	812
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	813
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	814
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	815
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	816
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	817
the Revised Code. The person making a criminal records request	818
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	819
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	820
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	821
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	822
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	823
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	824
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	825
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	826
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	827
5153.111 of the Revised Code shall pay the fee prescribed	828
pursuant to this division. A person making a request under	829
section 3701.881 of the Revised Code for a criminal records	830
check for an applicant who may be both responsible for the care,	831
custody, or control of a child and involved in providing direct	832
care to an older adult shall pay one fee for the request. In the	833
case of a request under section 5111.032 of the Revised Code,	834
the fee shall be paid in the manner specified in that section.	835

(4) The superintendent of the bureau of criminal	836
identification and investigation may prescribe methods of	837
forwarding fingerprint impressions and information necessary to	838
conduct a criminal records check, which methods shall include, but	839
not be limited to, an electronic method.	840

(D) A determination whether any information exists that	841
indicates that a person previously has been convicted of or	842
pleaded guilty to any offense listed or described in division	843
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	844
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	845
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	846
section, or that indicates that a person previously has been	847
convicted of or pleaded guilty to any criminal offense in this	848
state or any other state regarding a criminal records check of a	849
type described in division (A)(13) of this section, and that is	850
made by the superintendent with respect to information	851
considered in a criminal records check in accordance with this	852
section is valid for the person who is the subject of the	853
criminal records check for a period of one year from the date	854
upon which the superintendent makes the determination. During the	855
period in which the determination in regard to a person is valid,	856
if another request under this section is made for a criminal	857
records check for that person, the superintendent shall provide	858
the information that is the basis for the superintendent's	859
initial determination at a lower fee than the fee prescribed for	860
the initial criminal records check.	861

(E) When the superintendent receives a request for	862
information from a registered private provider, the superintendent	863
shall proceed as if the request was received from a school	864
district board of education under section 3319.39 of the Revised	865
Code. The superintendent shall apply division (A)(7) of this	866
section to any such request for an applicant who is a teacher.	867

(F) As used in this section:

868

(1) "Criminal records check" means any criminal records check	869
conducted by the superintendent of the bureau of criminal	870
identification and investigation in accordance with division (B)	871
of this section.	872

(2) "Minor drug possession offense" has the same meaning as	873
in section 2925.01 of the Revised Code.	874

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

875

(4) "Registered private provider" means a nonpublic school	876
or entity registered with the superintendent of public instruction	877
under section 3310.41 of the Revised Code to participate in the	878
autism scholarship program or section 3310.58 of the Revised Code	879
to participate in the special education scholarship pilot	880
program.	881

Sec. 3301.0714. (A) The state board of education shall adopt	882
rules for a statewide education management information system. The	883
rules shall require the state board to establish guidelines for	884
the establishment and maintenance of the system in accordance with	885
this section and the rules adopted under this section. The	886
guidelines shall include:	887

(1) Standards identifying and defining the types of data in	888
the system in accordance with divisions (B) and (C) of this	889
section;	890

(2) Procedures for annually collecting and reporting the data	891
to the state board in accordance with division (D) of this	892
section;	893

(3) Procedures for annually compiling the data in accordance	894
with division (G) of this section;	895

(4) Procedures for annually reporting the data to the public	896
in accordance with division (H) of this section.	897

(B) The guidelines adopted under this section shall require	898
the data maintained in the education management information system	899
to include at least the following:	900

(1) Student participation and performance data, for each	901
grade in each school district as a whole and for each grade in	902
each school building in each school district, that includes:	903

(a) The numbers of students receiving each category of	904
instructional service offered by the school district, such as	905
regular education instruction, vocational education instruction,	906
specialized instruction programs or enrichment instruction that is	907
part of the educational curriculum, instruction for gifted	908
students, instruction for students with disabilities, and	909
remedial instruction. The guidelines shall require instructional	910
services under this division to be divided into discrete	911
categories if an instructional service is limited to a specific	912
subject, a specific type of student, or both, such as regular	913
instructional services in mathematics, remedial reading	914
instructional services, instructional services specifically for	915
students gifted in mathematics or some other subject area, or	916
instructional services for students with a specific type of	917
disability. The categories of instructional services required by	918
the guidelines under this division shall be the same as the	919
categories of instructional services used in determining cost	920
units pursuant to division (C)(3) of this section.	921

(b) The numbers of students receiving support or	922
extracurricular services for each of the support services or	923
extracurricular programs offered by the school district, such as	924
counseling services, health services, and extracurricular sports	925
and fine arts programs. The categories of services required by the	926
guidelines under this division shall be the same as the categories	927
of services used in determining cost units pursuant to division	928
(C)(4)(a) of this section.	929

(c) Average student grades in each subject in grades nine	930
through twelve;	931

(d) Academic achievement levels as assessed by the testing of	932
student achievement under sections 3301.0710 and 3301.0711 of the	933
Revised Code;	934

(e) The number of students designated as having a disabling	935
condition pursuant to division (C)(1) of section 3301.0711 of the	936
Revised Code;	937

(f) The numbers of students reported to the state board	938
pursuant to division (C)(2) of section 3301.0711 of the Revised	939
Code;	940

(g) Attendance rates and the average daily attendance for the	941
year. For purposes of this division, a student shall be counted as	942
present for any field trip that is approved by the school	943
administration.	944

(h) Expulsion rates;

945

(i) Suspension rates;

946

(j) The percentage of students receiving corporal punishment;

947

(k) Dropout rates;

948

(l) Rates of retention in grade;

949

(m) For pupils in grades nine through twelve, the average	950
number of carnegie units, as calculated in accordance with state	951
board of education rules;	952

(n) Graduation rates, to be calculated in a manner specified	953
by the department of education that reflects the rate at which	954
students who were in the ninth grade three years prior to the	955
current year complete school and that is consistent with	956
nationally accepted reporting requirements;	957

(o) Results of diagnostic assessments administered to	958
kindergarten students as required under section 3301.0715 of the	959
Revised Code to permit a comparison of the academic readiness of	960
kindergarten students. However, no district shall be required to	961
report to the department the results of any diagnostic assessment	962
administered to a kindergarten student if the parent of that	963
student requests the district not to report those results.	964

(2) Personnel and classroom enrollment data for each school	965
district, including:	966

(a) The total numbers of licensed employees and nonlicensed	967
employees and the numbers of full-time equivalent licensed	968
employees and nonlicensed employees providing each category of	969
instructional service, instructional support service, and	970
administrative support service used pursuant to division (C)(3) of	971
this section. The guidelines adopted under this section shall	972
require these categories of data to be maintained for the school	973
district as a whole and, wherever applicable, for each grade in	974
the school district as a whole, for each school building as a	975
whole, and for each grade in each school building.	976

(b) The total number of employees and the number of full-time	977
equivalent employees providing each category of service used	978
pursuant to divisions (C)(4)(a) and (b) of this section, and the	979
total numbers of licensed employees and nonlicensed employees and	980
the numbers of full-time equivalent licensed employees and	981
nonlicensed employees providing each category used pursuant to	982
division (C)(4)(c) of this section. The guidelines adopted under	983
this section shall require these categories of data to be	984
maintained for the school district as a whole and, wherever	985
applicable, for each grade in the school district as a whole, for	986
each school building as a whole, and for each grade in each school	987
building.	988

(c) The total number of regular classroom teachers teaching	989
classes of regular education and the average number of pupils	990
enrolled in each such class, in each of grades kindergarten	991
through five in the district as a whole and in each school	992
building in the school district.	993

(d) The number of master teachers employed by each school	994
district and each school building, once a definition of master	995
teacher has been developed by the educator standards board	996
pursuant to section 3319.61 of the Revised Code.	997

(3)(a) Student demographic data for each school district,	998
including information regarding the gender ratio of the school	999
district's pupils, the racial make-up of the school district's	1000
pupils, the number of limited English proficient students in the	1001
district, and an appropriate measure of the number of the school	1002
district's pupils who reside in economically disadvantaged	1003
households. The demographic data shall be collected in a manner to	1004
allow correlation with data collected under division (B)(1) of	1005
this section. Categories for data collected pursuant to division	1006
(B)(3) of this section shall conform, where appropriate, to	1007
standard practices of agencies of the federal government.	1008

(b) With respect to each student entering kindergarten,	1009
whether the student previously participated in a public preschool	1010
program, a private preschool program, or a head start program, and	1011
the number of years the student participated in each of these	1012
programs.	1013

(4) Any data required to be collected pursuant to federal	1014
law.	1015

(C) The education management information system shall include	1016
cost accounting data for each district as a whole and for each	1017
school building in each school district. The guidelines adopted	1018
under this section shall require the cost data for each school	1019
district to be maintained in a system of mutually exclusive cost	1020
units and shall require all of the costs of each school district	1021
to be divided among the cost units. The guidelines shall require	1022
the system of mutually exclusive cost units to include at least	1023
the following:	1024

(1) Administrative costs for the school district as a whole.	1025
The guidelines shall require the cost units under this division	1026
(C)(1) to be designed so that each of them may be compiled and	1027
reported in terms of average expenditure per pupil in formula ADM	1028
in the school district, as determined pursuant to section 3317.03	1029
of the Revised Code.	1030

(2) Administrative costs for each school building in the	1031
school district. The guidelines shall require the cost units under	1032
this division (C)(2) to be designed so that each of them may be	1033
compiled and reported in terms of average expenditure per	1034
full-time equivalent pupil receiving instructional or support	1035
services in each building.	1036

(3) Instructional services costs for each category of	1037
instructional service provided directly to students and required	1038
by guidelines adopted pursuant to division (B)(1)(a) of this	1039
section. The guidelines shall require the cost units under	1040
division (C)(3) of this section to be designed so that each of	1041
them may be compiled and reported in terms of average expenditure	1042
per pupil receiving the service in the school district as a whole	1043
and average expenditure per pupil receiving the service in each	1044
building in the school district and in terms of a total cost for	1045
each category of service and, as a breakdown of the total cost, a	1046
cost for each of the following components:	1047

(a) The cost of each instructional services category required	1048
by guidelines adopted under division (B)(1)(a) of this section	1049
that is provided directly to students by a classroom teacher;	1050

(b) The cost of the instructional support services, such as	1051
services provided by a speech-language pathologist, classroom	1052
aide, multimedia aide, or librarian, provided directly to students	1053
in conjunction with each instructional services category;	1054

(c) The cost of the administrative support services related	1055
to each instructional services category, such as the cost of	1056
personnel that develop the curriculum for the instructional	1057
services category and the cost of personnel supervising or	1058
coordinating the delivery of the instructional services category.	1059

(4) Support or extracurricular services costs for each	1060
category of service directly provided to students and required by	1061
guidelines adopted pursuant to division (B)(1)(b) of this section.	1062
The guidelines shall require the cost units under division (C)(4)	1063
of this section to be designed so that each of them may be	1064
compiled and reported in terms of average expenditure per pupil	1065
receiving the service in the school district as a whole and	1066
average expenditure per pupil receiving the service in each	1067
building in the school district and in terms of a total cost for	1068
each category of service and, as a breakdown of the total cost, a	1069
cost for each of the following components:	1070

(a) The cost of each support or extracurricular services	1071
category required by guidelines adopted under division (B)(1)(b)	1072
of this section that is provided directly to students by a	1073
licensed employee, such as services provided by a guidance	1074
counselor or any services provided by a licensed employee under a	1075
supplemental contract;	1076

(b) The cost of each such services category provided directly	1077
to students by a nonlicensed employee, such as janitorial	1078
services, cafeteria services, or services of a sports trainer;	1079

(c) The cost of the administrative services related to each	1080
services category in division (C)(4)(a) or (b) of this section,	1081
such as the cost of any licensed or nonlicensed employees that	1082
develop, supervise, coordinate, or otherwise are involved in	1083
administering or aiding the delivery of each services category.	1084

(D)(1) The guidelines adopted under this section shall	1085
require school districts to collect information about individual	1086
students, staff members, or both in connection with any data	1087
required by division (B) or (C) of this section or other reporting	1088
requirements established in the Revised Code. The guidelines may	1089
also require school districts to report information about	1090
individual staff members in connection with any data required by	1091
division (B) or (C) of this section or other reporting	1092
requirements established in the Revised Code. The guidelines shall	1093
not authorize school districts to request social security numbers	1094
of individual students. The guidelines shall prohibit the	1095
reporting under this section of a student's name, address, and	1096
social security number to the state board of education or the	1097
department of education. The guidelines shall also prohibit the	1098
reporting under this section of any personally identifiable	1099
information about any student, except for the purpose of assigning	1100
the data verification code required by division (D)(2) of this	1101
section, to any other person unless such person is employed by the	1102
school district or the information technology center operated	1103
under section 3301.075 of the Revised Code and is authorized by	1104
the district or technology center to have access to such	1105
information or is employed by an entity with which the department	1106
contracts for the scoring of tests administered under section	1107
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	1108
require school districts to provide the social security numbers of	1109
individual staff members.	1110

(2) The guidelines shall provide for each school district or	1111
community school to assign a data verification code that is unique	1112
on a statewide basis over time to each student whose initial Ohio	1113
enrollment is in that district or school and to report all	1114
required individual student data for that student utilizing such	1115
code. The guidelines shall also provide for assigning data	1116
verification codes to all students enrolled in districts or	1117
community schools on the effective date of the guidelines	1118
established under this section.	1119

Individual student data shall be reported to the department	1120
through the information technology centers utilizing the code but,	1121
except as provided in ~~section~~sections 3310.11 and 3310.63 of the	1122
Revised Code, at no time shall the state board or the department	1123
have access to information that would enable any data verification	1124
code to be matched to personally identifiable student data.	1125

Each school district shall ensure that the data verification	1126
code is included in the student's records reported to any	1127
subsequent school district or community school in which the	1128
student enrolls. Any such subsequent district or school shall	1129
utilize the same identifier in its reporting of data under this	1130
section.	1131

The director of health shall request and receive, pursuant to	1132
sections 3301.0723 and 3701.62 of the Revised Code, a data	1133
verification code for a child who is receiving services under	1134
division (A)(2) of section 3701.61 of the Revised Code.	1135

(E) The guidelines adopted under this section may require	1136
school districts to collect and report data, information, or	1137
reports other than that described in divisions (A), (B), and (C)	1138
of this section for the purpose of complying with other reporting	1139
requirements established in the Revised Code. The other data,	1140
information, or reports may be maintained in the education	1141
management information system but are not required to be compiled	1142
as part of the profile formats required under division (G) of this	1143
section or the annual statewide report required under division (H)	1144
of this section.	1145

(F) Beginning with the school year that begins July 1, 1991,	1146
the board of education of each school district shall annually	1147
collect and report to the state board, in accordance with the	1148
guidelines established by the board, the data required pursuant to	1149
this section. A school district may collect and report these data	1150
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1151

(G) The state board shall, in accordance with the procedures	1152
it adopts, annually compile the data reported by each school	1153
district pursuant to division (D) of this section. The state board	1154
shall design formats for profiling each school district as a whole	1155
and each school building within each district and shall compile	1156
the data in accordance with these formats. These profile formats	1157
shall:	1158

(1) Include all of the data gathered under this section in a	1159
manner that facilitates comparison among school districts and	1160
among school buildings within each school district;	1161

(2) Present the data on academic achievement levels as	1162
assessed by the testing of student achievement maintained pursuant	1163
to division (B)(1)(d) of this section.	1164

(H)(1) The state board shall, in accordance with the	1165
procedures it adopts, annually prepare a statewide report for all	1166
school districts and the general public that includes the profile	1167
of each of the school districts developed pursuant to division (G)	1168
of this section. Copies of the report shall be sent to each school	1169
district.	1170

(2) The state board shall, in accordance with the procedures	1171
it adopts, annually prepare an individual report for each school	1172
district and the general public that includes the profiles of each	1173
of the school buildings in that school district developed pursuant	1174
to division (G) of this section. Copies of the report shall be	1175
sent to the superintendent of the district and to each member of	1176
the district board of education.	1177

(3) Copies of the reports received from the state board under	1178
divisions (H)(1) and (2) of this section shall be made available	1179
to the general public at each school district's offices. Each	1180
district board of education shall make copies of each report	1181
available to any person upon request and payment of a reasonable	1182
fee for the cost of reproducing the report. The board shall	1183
annually publish in a newspaper of general circulation in the	1184
school district, at least twice during the two weeks prior to the	1185
week in which the reports will first be available, a notice	1186
containing the address where the reports are available and the	1187
date on which the reports will be available.	1188

(I) Any data that is collected or maintained pursuant to this	1189
section and that identifies an individual pupil is not a public	1190
record for the purposes of section 149.43 of the Revised Code.	1191

(J) As used in this section:

1192

(1) "School district" means any city, local, exempted	1193
village, or joint vocational school district and, in accordance	1194
with section 3314.17 of the Revised Code, any community school. As	1195
used in division (L) of this section, "school district" also	1196
includes any educational service center or other educational	1197
entity required to submit data using the system established under	1198
this section.	1199

(2) "Cost" means any expenditure for operating expenses made	1200
by a school district excluding any expenditures for debt	1201
retirement except for payments made to any commercial lending	1202
institution for any loan approved pursuant to section 3313.483 of	1203
the Revised Code.	1204

(K) Any person who removes data from the information system	1205
established under this section for the purpose of releasing it to	1206
any person not entitled under law to have access to such	1207
information is subject to section 2913.42 of the Revised Code	1208
prohibiting tampering with data.	1209

(L)(1) In accordance with division (L)(2) of this section and	1210
the rules adopted under division (L)(10) of this section, the	1211
department of education may sanction any school district that	1212
reports incomplete or inaccurate data, reports data that does not	1213
conform to data requirements and descriptions published by the	1214
department, fails to report data in a timely manner, or otherwise	1215
does not make a good faith effort to report data as required by	1216
this section.	1217

(2) If the department decides to sanction a school district	1218
under this division, the department shall take the following	1219
sequential actions:	1220

(a) Notify the district in writing that the department has	1221
determined that data has not been reported as required under this	1222
section and require the district to review its data submission and	1223
submit corrected data by a deadline established by the department.	1224
The department also may require the district to develop a	1225
corrective action plan, which shall include provisions for the	1226
district to provide mandatory staff training on data reporting	1227
procedures.	1228

(b) Withhold up to ten per cent of the total amount of state	1229
funds due to the district for the current fiscal year and, if not	1230
previously required under division (L)(2)(a) of this section,	1231
require the district to develop a corrective action plan in	1232
accordance with that division;	1233

(c) Withhold an additional amount of up to twenty per cent of	1234
the total amount of state funds due to the district for the	1235
current fiscal year;	1236

(d) Direct department staff or an outside entity to	1237
investigate the district's data reporting practices and make	1238
recommendations for subsequent actions. The recommendations may	1239
include one or more of the following actions:	1240

(i) Arrange for an audit of the district's data reporting	1241
practices by department staff or an outside entity;	1242

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

1243

(iii) Withhold an additional amount of up to thirty per cent	1244
of the total amount of state funds due to the district for the	1245
current fiscal year;	1246

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

1247

(v) Assign department staff to supervise the district's data	1248
management system;	1249

(vi) Conduct an investigation to determine whether to suspend	1250
or revoke the license of any district employee in accordance with	1251
division (N) of this section;	1252

(vii) If the district is issued a report card under section	1253
3302.03 of the Revised Code, indicate on the report card that the	1254
district has been sanctioned for failing to report data as	1255
required by this section;	1256

(viii) If the district is issued a report card under section	1257
3302.03 of the Revised Code and incomplete or inaccurate data	1258
submitted by the district likely caused the district to receive a	1259
higher performance rating than it deserved under that section,	1260
issue a revised report card for the district;	1261

(ix) Any other action designed to correct the district's data	1262
reporting problems.	1263

(3) Any time the department takes an action against a school	1264
district under division (L)(2) of this section, the department	1265
shall make a report of the circumstances that prompted the action.	1266
The department shall send a copy of the report to the district	1267
superintendent or chief administrator and maintain a copy of the	1268
report in its files.	1269

(4) If any action taken under division (L)(2) of this section	1270
resolves a school district's data reporting problems to the	1271
department's satisfaction, the department shall not take any	1272
further actions described by that division. If the department	1273
withheld funds from the district under that division, the	1274
department may release those funds to the district, except that if	1275
the department withheld funding under division (L)(2)(c) of this	1276
section, the department shall not release the funds withheld under	1277
division (L)(2)(b) of this section and, if the department withheld	1278
funding under division (L)(2)(d) of this section, the department	1279
shall not release the funds withheld under division (L)(2)(b) or	1280
(c) of this section.	1281

(5) Notwithstanding anything in this section to the contrary,	1282
the department may use its own staff or an outside entity to	1283
conduct an audit of a school district's data reporting practices	1284
any time the department has reason to believe the district has not	1285
made a good faith effort to report data as required by this	1286
section. If any audit conducted by an outside entity under	1287
division (L)(2)(d)(i) or (5) of this section confirms that a	1288
district has not made a good faith effort to report data as	1289
required by this section, the district shall reimburse the	1290
department for the full cost of the audit. The department may	1291
withhold state funds due to the district for this purpose.	1292

(6) Prior to issuing a revised report card for a school	1293
district under division (L)(2)(d)(viii) of this section, the	1294
department may hold a hearing to provide the district with an	1295
opportunity to demonstrate that it made a good faith effort to	1296
report data as required by this section. The hearing shall be	1297
conducted by a referee appointed by the department. Based on the	1298
information provided in the hearing, the referee shall recommend	1299
whether the department should issue a revised report card for the	1300
district. If the referee affirms the department's contention that	1301
the district did not make a good faith effort to report data as	1302
required by this section, the district shall bear the full cost of	1303
conducting the hearing and of issuing any revised report card.	1304

(7) If the department determines that any inaccurate data	1305
reported under this section caused a school district to receive	1306
excess state funds in any fiscal year, the district shall	1307
reimburse the department an amount equal to the excess funds, in	1308
accordance with a payment schedule determined by the department.	1309
The department may withhold state funds due to the district for	1310
this purpose.	1311

(8) Any school district that has funds withheld under	1312
division (L)(2) of this section may appeal the withholding in	1313
accordance with Chapter 119. of the Revised Code.	1314

(9) In all cases of a disagreement between the department and	1315
a school district regarding the appropriateness of an action taken	1316
under division (L)(2) of this section, the burden of proof shall	1317
be on the district to demonstrate that it made a good faith effort	1318
to report data as required by this section.	1319

(10) The state board of education shall adopt rules under	1320
Chapter 119. of the Revised Code to implement division (L) of this	1321
section.	1322

(M) No information technology center or school district shall	1323
acquire, change, or update its student administration software	1324
package to manage and report data required to be reported to the	1325
department unless it converts to a student software package that	1326
is certified by the department.	1327

(N) The state board of education, in accordance with sections	1328
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1329
license as defined under division (A) of section 3319.31 of the	1330
Revised Code that has been issued to any school district employee	1331
found to have willfully reported erroneous, inaccurate, or	1332
incomplete data to the education management information system.	1333

(O) No person shall release or maintain any information about	1334
any student in violation of this section. Whoever violates this	1335
division is guilty of a misdemeanor of the fourth degree.	1336

(P) The department shall disaggregate the data collected	1337
under division (B)(1)(o) of this section according to the race and	1338
socioeconomic status of the students assessed. No data collected	1339
under that division shall be included on the report cards required	1340
by section 3302.03 of the Revised Code.	1341

(Q) If the department cannot compile any of the information	1342
required by division (C)(5) of section 3302.03 of the Revised Code	1343
based upon the data collected under this section, the department	1344
shall develop a plan and a reasonable timeline for the collection	1345
of any data necessary to comply with that division.	1346

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	1347
Revised Code:	1348

(A) "Alternative public provider" means either of the	1349
following providers that agrees to enroll a child in the	1350
provider's special education program to implement the child's	1351
individualized education program and to which the eligible	1352
applicant owes fees for the services provided to the child:	1353

(1) A school district that is not the school district in	1354
which the child is entitled to attend school or the child's school	1355
district of residence, if different;	1356

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

1357

(B) "Applicable special education weight" means the multiple	1358
specified in section 3317.013 of the Revised Code for a disability	1359
described in that section.	1360

(C) "Category one through six special education ADM" means	1361
the respective categories prescribed in divisions (F)(1) to (6) of	1362
section 3317.02 of the Revised Code.	1363

(D) "Child with a disability" and "individualized education	1364
program" have the same meanings as in section 3323.01 of the	1365
Revised Code.	1366

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

1367

(1) Either of the natural or adoptive parents of a qualified	1368
special education child, except as otherwise specified in this	1369
division. When the marriage of the natural or adoptive parents of	1370
the student has been terminated by a divorce, dissolution of	1371
marriage, or annulment, or when the natural or adoptive parents of	1372
the student are living separate and apart under a legal separation	1373
decree, and a court has issued an order allocating the parental	1374
rights and responsibilities with respect to the child, "eligible	1375
applicant" means the residential parent as designated by the	1376
court. If the court issues a shared parenting decree, "eligible	1377
applicant" means either parent. "Eligible applicant" does not mean	1378
a parent whose custodial rights have been terminated.	1379

(2) The custodian of a qualified special education child,	1380
when a court has granted temporary, legal, or permanent custody of	1381
the child to an individual other than either of the natural or	1382
adoptive parents of the child or to a government agency;	1383

(3) The guardian of a qualified special education child, when	1384
a court has appointed a guardian for the child;	1385

(4) The grandparent of a qualified special education child,	1386
when the grandparent is the child's attorney in fact under a power	1387
of attorney executed under sections 3109.51 to 3109.62 of the	1388
Revised Code or when the grandparent has executed a caregiver	1389
authorization affidavit under sections 3109.65 to 3109.73 of the	1390
Revised Code;	1391

(5) The surrogate parent appointed for a qualified special	1392
education child pursuant to division (B) of section 3323.05 and	1393
section 3323.051 of the Revised Code;	1394

(6) A qualified special education child, if the child does	1395
not have a custodian or guardian and the child is at least	1396
eighteen years of age.	1397

(F) "Entitled to attend school" means entitled to attend	1398
school in a school district under sections 3313.64 and 3313.65 of	1399
the Revised Code.	1400

(G) "Formula ADM" and "formula amount" have the same meanings	1401
as in section 3317.02 of the Revised Code.	1402

(H) "Qualified special education child" is a child for whom	1403
all of the following conditions apply:	1404

(1) The child is at least five years of age and less than	1405
twenty-two years of age;	1406

(2) The school district in which the child is entitled to	1407
attend school, or the child's school district of residence if	1408
different, has identified the child as a child with a disability;	1409

(3) The school district in which the child is entitled to	1410
attend school, or the child's school district of residence if	1411
different, has developed an individualized education program under	1412
Chapter 3323. of the Revised Code for the child;	1413

(4) The child either:

1414

(a) Was enrolled in the schools of the school district in	1415
which the child is entitled to attend school in any grade from	1416
kindergarten through twelve in the school year prior to the school	1417
year in which a scholarship is first sought for the child;	1418

(b) Is eligible to enter school in any grade kindergarten	1419
through twelve in the school district in which the child is	1420
entitled to attend school in the school year in which a	1421
scholarship is first sought for the child.	1422

(5) The department of education has not approved a	1423
scholarship for the child under the autism scholarship program	1424
under section 3310.41 of the Revised Code for the same school year	1425
in which a scholarship under the special education scholarship	1426
pilot program is sought.	1427

(I) "Registered private provider" means a nonpublic school or	1428
other nonpublic entity that has been registered by the	1429
superintendent of public instruction under section 3310.58 of the	1430
Revised Code.	1431

(J) "Scholarship" means a scholarship awarded under the	1432
special education scholarship pilot program pursuant to sections	1433
3310.51 to 3310.64 of the Revised Code.	1434

(K) "School district of residence" has the same meaning as in	1435
section 3323.01 of the Revised Code. A community school	1436
established under Chapter 3314. of the Revised Code is not a	1437
"school district of residence" for purposes of sections 3310.51 to	1438
3310.64 of the Revised Code.	1439

(L) "School year" has the same meaning as in section 3313.62	1440
of the Revised Code.	1441

(M) "Special education program" means a school or facility	1442
that provides special education and related services to children	1443
with disabilities.	1444

Sec. 3310.52. (A) The special education scholarship pilot	1445
program is hereby established. Under the program, in fiscal years	1446
2010 through 2015, subject to division (B) of this section, the	1447
department of education annually shall pay a scholarship to an	1448
eligible applicant for services provided by an alternative public	1449
provider or a registered private provider for a qualified special	1450
education child. The scholarship shall be used only to pay all or	1451
part of the fees for the child to attend the special education	1452
program operated by the alternative public provider or registered	1453
private provider to implement the child's individualized	1454
education program, in lieu of the child's attending the special	1455
education program operated by the school district in which the	1456
child is entitled to attend school, and other services agreed to	1457
by the provider and eligible applicant that are not included in	1458
the individualized education program but are associated with	1459
educating the child. Upon agreement with the eligible applicant,	1460
the alternative public provider or registered private provider	1461
may modify the services provided to the child.	1462

(B) The number of scholarships awarded under the pilot	1463
program in any fiscal year shall not exceed three per cent of the	1464
total number of students residing in the state identified as	1465
children with disabilities during the previous fiscal year.	1466

(C) No scholarship or renewal of a scholarship shall be	1467
awarded to an eligible applicant on behalf of a qualified special	1468
education child for the next school year, unless on or before the	1469
fifteenth day of April the eligible applicant completes the	1470
application for the scholarship or renewal, in the manner	1471
prescribed by the department, and notifies the school district in	1472
which the child is entitled to attend school that the eligible	1473
applicant has applied for the scholarship or renewal.	1474

Sec. 3310.521. (A) As a condition of receiving payments for a	1475
scholarship, each eligible applicant shall attest to receipt of	1476
the profile prescribed by division (B) of this section. Such	1477
attestation shall be made and submitted to the department of	1478
education in the form and manner as required by the department.	1479

(B) The alternative public provider or registered private	1480
provider that enrolls a qualified special education child shall	1481
submit in writing to the eligible applicant to whom a scholarship	1482
is awarded on behalf of that child a profile of the provider's	1483
special education program, in a form as prescribed by the	1484
department, that shall contain all of the following:	1485

(1) Information regarding the financial status of the	1486
provider;	1487

(2) Methods of instruction that will be utilized by the	1488
provider to provide services to the qualified special education	1489
child;	1490

(3) Qualifications of teachers, instructors, and other	1491
persons who will be engaged by the provider to provide services to	1492
the qualified special education child;	1493

(4) Results of the evaluation of the academic program of the	1494
provider;	1495

(5) Any other information required by the department.

1496

Sec. 3310.53. (A) Except for development of the child's	1497
individualized education program, as specified in division (B) of	1498
this section, the school district in which a qualified special	1499
education child is entitled to attend school and the child's	1500
school district of residence, if different, are not obligated to	1501
provide the child with a free appropriate public education under	1502
Chapter 3323. of the Revised Code for as long as the child	1503
continues to attend the special education program operated by	1504
either an alternative public provider or a registered private	1505
provider for which a scholarship is awarded under the special	1506
education scholarship pilot program. If at any time, the eligible	1507
applicant for the child decides no longer to accept scholarship	1508
payments and enrolls the child in the special education program of	1509
the school district in which the child is entitled to attend	1510
school, that district shall provide the child with a free	1511
appropriate public education under Chapter 3323. of the Revised	1512
Code.	1513

(B) Each eligible applicant and each qualified special	1514
education child have a continuing right to the development of an	1515
individualized education program for the child that complies with	1516
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	1517
administrative rules or guidelines adopted by the Ohio department	1518
of education or the United States department of education. The	1519
school district in which a qualified special education child is	1520
entitled to attend school, or the child's school district of	1521
residence if different, shall develop each individualized	1522
education program for the child in accordance with those	1523
provisions.	1524

(C) Each school district shall notify an eligible applicant	1525
of the applicant's and qualified special education child's rights	1526
under sections 3310.51 to 3310.64 of the Revised Code by providing	1527
to each eligible applicant the comparison document prescribed in	1528
section 3323.052 of the Revised Code. An eligible applicant's	1529
receipt of that document, as acknowledged in a format prescribed	1530
by the department of education, shall constitute notice that the	1531
eligible applicant has been informed of those rights. Upon receipt	1532
of that document, subsequent acceptance of a scholarship	1533
constitutes the eligible applicant's informed consent to the	1534
provisions of sections 3310.51 to 3310.64 of the Revised Code.	1535

Sec. 3310.54. As prescribed in divisions (A)(2)(h),	1536
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised	1537
Code, a qualified special education child in any of grades	1538
kindergarten through twelve for whom a scholarship is awarded	1539
under the special education scholarship pilot program shall be	1540
counted in the formula ADM and category one through six special	1541
education ADM, as appropriate, of the school district in which the	1542
child is entitled to attend school. A qualified special education	1543
child shall not be counted in the formula ADM or category one	1544
through six special education ADM of any other school district.	1545

Sec. 3310.55. The department of education shall deduct from	1546
a school district's state education aid, as defined in section	1547
3317.02 of the Revised Code, and, if necessary, from its payment	1548
under sections 321.24 and 323.156 of the Revised Code, the	1549
aggregate amount of scholarships paid under section 3310.57 of the	1550
Revised Code for qualified special education children included in	1551
the formula ADM and the category one through six special education	1552
ADM of that school district.	1553

Sec. 3310.56. The amount of the scholarship awarded and paid	1554
to an eligible applicant for services for a qualified special	1555
education child under the special education scholarship pilot	1556
program in each school year shall be the least of the following:	1557

(A) The amount of fees charged for that school year by the	1558
alternative public provider or registered private provider;	1559

(B) The sum of the amounts calculated under divisions (B)(1)	1560
and (2) of this section:	1561

(1) The sum of the formula amount plus the per pupil amount	1562
of the base funding supplements specified in divisions (C)(1) to	1563
(4) of section 3317.012 of the Revised Code;	1564

(2) The formula amount times the applicable special education	1565
weight for the child's disability;	1566

1567

Sec. 3310.57. The department of education shall make	1568
periodic payments to an eligible applicant for services for each	1569
qualified special education child for whom a scholarship has been	1570
awarded. The total of all payments made to an applicant in each	1571
school year shall not exceed the amount calculated for the child	1572
under section 3310.56 of the Revised Code.	1573

The scholarship amount shall be proportionately reduced in	1574
the case of a child who is not enrolled in the special education	1575
program of an alternative public provider or a registered private	1576
provider for the entire school year.	1577

In accordance with division (A) of section 3310.62 of the	1578
Revised Code, the department shall make no payments to an	1579
applicant for a first-time scholarship for a qualified special	1580
education child while any administrative or judicial mediation or	1581
proceedings with respect to the content of the child's	1582
individualized education program are pending.	1583

Sec. 3310.58. No nonpublic school or entity shall receive	1584
payments from an eligible applicant for services for a qualified	1585
special education child under the special education scholarship	1586
pilot program until the school or entity registers with the	1587
superintendent of public instruction. The superintendent shall	1588
register and designate as a registered private provider any	1589
nonpublic school or entity that meets the following requirements:	1590

(A) The special education program operated by the school or	1591
entity meets the minimum education standards established by the	1592
state board of education.	1593

(B) The school or entity complies with the antidiscrimination	1594
provisions of 42 U.S.C. 2000d, regardless of whether the school or	1595
entity receives federal financial assistance.	1596

(C) If the school or entity is not chartered by the state	1597
board under section 3301.16 of the Revised Code, the school or	1598
entity agrees to comply with section 3319.39 of the Revised Code	1599
as if it were a school district.	1600

(D) The teaching and nonteaching professionals employed by	1601
the school or entity, or employed by any subcontractors of the	1602
school or entity, hold credentials determined by the state board	1603
to be appropriate for the qualified special education children	1604
enrolled in the special education program it operates.	1605

(E) The school or entity meets applicable health and safety	1606
standards established by law for school buildings.	1607

(F) The school or entity agrees to retain on file	1608
documentation as required by the department of education.	1609

(G) The school or entity demonstrates fiscal soundness to the	1610
satisfaction of the department.	1611

(H) The school or entity agrees to provide a record of the	1612
implementation of the individualized education program for each	1613
qualified special education child enrolled in the school's or	1614
entity's special education program, including evaluation of the	1615
child's progress, to the school district in which the child is	1616
entitled to attend school, in the form and manner prescribed by	1617
the department.	1618

(I) The school or entity agrees that, if it declines to	1619
enroll a particular qualified special education child, it will	1620
notify in writing the eligible applicant of its reasons for	1621
declining to enroll the child.	1622

(J) The school or entity agrees to meet other requirements	1623
established by rule of the state board under section 3310.64 of	1624
the Revised Code.	1625

Sec. 3310.59. The superintendent of public instruction shall	1626
revoke the registration of any school or entity if, after a	1627
hearing, the superintendent determines that the school or entity	1628
is in violation of any provision of section 3310.58 of the Revised	1629
Code.	1630

Sec. 3310.60. A qualified special education child attending	1631
a special education program at an alternative public provider or a	1632
registered private provider with a scholarship shall be entitled	1633
to transportation to and from that program in the manner	1634
prescribed by law for any child with a disability attending a	1635
nonpublic special education program.	1636

Sec. 3310.61. An eligible applicant on behalf of a child who	1637
currently attends a public special education program under a	1638
contract, compact, or other bilateral agreement, or on behalf of a	1639
child who currently attends a community school, shall not be	1640
prohibited from applying for and accepting a scholarship so that	1641
the applicant may withdraw the child from that program or	1642
community school and use the scholarship for the child to attend a	1643
special education program operated by an alternative public	1644
provider or a registered private provider.	1645

Sec. 3310.62. (A) A scholarship under the special education	1646
scholarship pilot program shall not be awarded for the first time	1647
to an eligible applicant on behalf of a qualified special	1648
education child while the child's individualized education program	1649
is being developed by the school district in which the child is	1650
entitled to attend school, or by the child's school district of	1651
residence if different, or while any administrative or judicial	1652
mediation or proceedings with respect to the content of that	1653
individualized education program are pending.	1654

(B) Development of individualized education programs	1655
subsequent to the one developed for the child the first time a	1656
scholarship was awarded on behalf of the child and the	1657
prosecuting, by the eligible applicant on behalf of the child, of	1658
administrative or judicial mediation or proceedings with respect	1659
to any of those subsequent individualized education programs do	1660
not affect the applicant's and the child's continued eligibility	1661
for scholarship payments.	1662

(C) In the case of any child for whom a scholarship has been	1663
awarded, if the school district in which the child is entitled to	1664
attend school has agreed to provide some services for the child	1665
under an agreement entered into with the eligible applicant or	1666
with the alternative public provider or registered private	1667
provider implementing the child's individualized education	1668
program, or if the district is required by law to provide some	1669
services for the child, including transportation services under	1670
sections 3310.60 and 3327.01 of the Revised Code, the district	1671
shall not discontinue the services it is providing pending	1672
completion of any administrative proceedings regarding those	1673
services. The prosecuting, by the eligible applicant on behalf of	1674
the child, of administrative proceedings regarding the services	1675
provided by the district does not affect the applicant's and the	1676
child's continued eligibility for scholarship payments.	1677

(D) The department of education shall continue to make	1678
payments to the eligible applicant under section 3310.57 of the	1679
Revised Code while either of the following are pending:	1680

(1) Administrative or judicial mediation or proceedings with	1681
respect to a subsequent individualized education program for the	1682
child referred to in division (B) of this section;	1683

(2) Administrative proceedings regarding services provided by	1684
the district under division (C) of this section.	1685

Sec. 3310.63. (A) Only for the purpose of administering the	1686
special education scholarship pilot program, the department of	1687
education may request from any of the following entities the data	1688
verification code assigned under division (D)(2) of section	1689
3301.0714 of the Revised Code to any qualified special education	1690
child for whom a scholarship is sought under the program:	1691

(1) The school district in which the child is entitled to	1692
attend school;	1693

(2) If applicable, the community school in which the child is	1694
enrolled;	1695

(3) The independent contractor engaged to create and maintain	1696
data verification codes.	1697

(B) Upon a request by the department under division (A) of	1698
this section for the data verification code of a qualified special	1699
education child or a request by the eligible applicant for the	1700
child for that code, the school district or community school	1701
shall submit that code to the department or applicant in the	1702
manner specified by the department. If the child has not been	1703
assigned a code, because the child will be entering kindergarten	1704
during the school year for which the scholarship is sought, the	1705
district shall assign a code to that child and submit the code to	1706
the department or applicant by a date specified by the	1707
department. If the district does not assign a code to the child	1708
by the specified date, the department shall assign a code to the	1709
child.	1710

The department annually shall submit to each school district	1711
the name and data verification code of each child residing in the	1712
district who is entering kindergarten, who has been awarded a	1713
scholarship under the program, and for whom the department has	1714
assigned a code under this division.	1715

(C) The department shall not release any data verification	1716
code that it receives under this section to any person except as	1717
provided by law.	1718

(D) Any document relative to the special education	1719
scholarship pilot program that the department holds in its files	1720
that contains both a qualified special education child's name or	1721
other personally identifiable information and the child's data	1722
verification code shall not be a public record under section	1723
149.43 of the Revised Code.	1724

Sec. 3310.64. The state board of education shall adopt rules	1725
in accordance with Chapter 119. of the Revised Code prescribing	1726
procedures necessary to implement sections 3310.51 to 3310.62 of	1727
the Revised Code including, but not limited to, procedures for	1728
parents to apply for scholarships, standards for registered	1729
private providers, and procedures for registration of private	1730
providers.	1731

Sec. 3317.022. (A)(1) The department of education shall	1732
compute and distribute state base cost funding to each eligible	1733
school district for the fiscal year, using the information	1734
obtained under section 3317.021 of the Revised Code in the	1735
calendar year in which the fiscal year begins, according to the	1736
following formula:	1737

{[the formula amount X (formula ADM +	1738

preschool scholarship ADM)] +	1739

the sum of the base funding supplements	1740

prescribed in divisions (C)(1) to (4)	1741

of section 3317.012 of the Revised Code} -	1742

[.023 x (the sum of recognized valuation	1743

and property exemption value)] +	1744

the amounts calculated for the district under	1745

sections 3317.029 and 3317.0217 of the Revised Code	1746

If the difference obtained is a negative number, the	1747
district's computation shall be zero.	1748

(2)(a) For each school district for which the tax exempt	1749
value of the district equals or exceeds twenty-five per cent of	1750
the potential value of the district, the department of education	1751
shall calculate the difference between the district's tax exempt	1752
value and twenty-five per cent of the district's potential value.	1753

(b) For each school district to which division (A)(2)(a) of	1754
this section applies, the department shall adjust the recognized	1755
valuation used in the calculation under division (A)(1) of this	1756
section by subtracting from it the amount calculated under	1757
division (A)(2)(a) of this section.	1758

(B) As used in this section:

1759

(1) The "total special education weight" for a district means	1760
the sum of the following amounts:	1761

(a) The district's category one special education ADM	1762
multiplied by the multiple specified in division (A) of section	1763
3317.013 of the Revised Code;	1764

(b) The district's category two special education ADM	1765
multiplied by the multiple specified in division (B) of section	1766
3317.013 of the Revised Code;	1767

(c) The district's category three special education ADM	1768
multiplied by the multiple specified in division (C) of section	1769
3317.013 of the Revised Code;	1770

(d) The district's category four special education ADM	1771
multiplied by the multiple specified in division (D) of section	1772
3317.013 of the Revised Code;	1773

(e) The district's category five special education ADM	1774
multiplied by the multiple specified in division (E) of section	1775
3317.013 of the Revised Code;	1776

(f) The district's category six special education ADM	1777
multiplied by the multiple specified in division (F) of section	1778
3317.013 of the Revised Code.	1779

(2) "State share percentage" means the percentage calculated	1780
for a district as follows:	1781

(a) Calculate the state base cost funding amount for the	1782
district for the fiscal year under division (A) of this section.	1783
If the district would not receive any state base cost funding for	1784
that year under that division, the district's state share	1785
percentage is zero.	1786

(b) If the district would receive state base cost funding	1787
under that division, divide that amount by an amount equal to the	1788
following:	1789

(the formula amount X formula ADM) +	1790

the sum of the base funding supplements	1791

prescribed in divisions (C)(1) to (4)	1792

of section 3317.012 of the Revised Code +	1793

the sum of the amounts calculated for the district under	1794

sections 3317.029 and 3317.0217 of the Revised Code	1795

The resultant number is the district's state share	1796
percentage.	1797

(3) "Related services" includes:

1798

(a) Child study, special education supervisors and	1799
coordinators, speech and hearing services, adaptive physical	1800
development services, occupational or physical therapy, teacher	1801
assistants for children with disabilities whose disabilities are	1802
described in division (B) of section 3317.013 or division (F)(3)	1803
of section 3317.02 of the Revised Code, behavioral intervention,	1804
interpreter services, work study, nursing services, and	1805
specialized integrative services as those terms are defined by	1806
the department;	1807

(b) Speech and language services provided to any student with	1808
a disability, including any student whose primary or only	1809
disability is a speech and language disability;	1810

(c) Any related service not specifically covered by other	1811
state funds but specified in federal law, including but not	1812
limited to, audiology and school psychological services;	1813

(d) Any service included in units funded under former	1814
division (O)(1) of section 3317.024 of the Revised Code;	1815

(e) Any other related service needed by children with	1816
disabilities in accordance with their individualized education	1817
programs.	1818

(4) The "total vocational education weight" for a district	1819
means the sum of the following amounts:	1820

(a) The district's category one vocational education ADM	1821
multiplied by the multiple specified in division (A) of section	1822
3317.014 of the Revised Code;	1823

(b) The district's category two vocational education ADM	1824
multiplied by the multiple specified in division (B) of section	1825
3317.014 of the Revised Code.	1826

(5) "Preschool scholarship ADM" means the number of	1827
preschool children with disabilities reported under division	1828
(B)(3)(h) of section 3317.03 of the Revised Code.	1829

(C)(1) The department shall compute and distribute state	1830
special education and related services additional weighted costs	1831
funds to each school district in accordance with the following	1832
formula:	1833

The district's state share percentage X	1834

the formula amount for the year for which	1835

the aid is calculated X the district's	1836

total special education weight	1837

(2) The attributed local share of special education and	1838
related services additional weighted costs equals:	1839

(1 - the district's state share percentage) X the district's	1840

total special education weight X the formula amount	1841

(3)(a) The department shall compute and pay in accordance	1842
with this division additional state aid to school districts for	1843
students in categories two through six special education ADM. If a	1844
district's costs for the fiscal year for a student in its	1845
categories two through six special education ADM exceed the	1846
threshold catastrophic cost for serving the student, the district	1847
may submit to the superintendent of public instruction	1848
documentation, as prescribed by the superintendent, of all its	1849
costs for that student. Upon submission of documentation for a	1850
student of the type and in the manner prescribed, the department	1851
shall pay to the district an amount equal to the sum of the	1852
following:	1853

(i) One-half of the district's costs for the student in	1854
excess of the threshold catastrophic cost;	1855

(ii) The product of one-half of the district's costs for the	1856
student in excess of the threshold catastrophic cost multiplied by	1857
the district's state share percentage.	1858

(b) For purposes of division (C)(3)(a) of this section, the	1859
threshold catastrophic cost for serving a student equals:	1860

(i) For a student in the school district's category two,	1861
three, four, or five special education ADM, twenty-seven thousand	1862
three hundred seventy-five dollars in fiscal years 2008 and 2009;	1863

(ii) For a student in the district's category six special	1864
education ADM, thirty-two thousand eight hundred fifty dollars in	1865
fiscal years 2008 and 2009.	1866

(c) The district shall only report under division (C)(3)(a)	1867
of this section, and the department shall only pay for, the costs	1868
of educational expenses and the related services provided to the	1869
student in accordance with the student's individualized education	1870
program. Any legal fees, court costs, or other costs associated	1871
with any cause of action relating to the student may not be	1872
included in the amount.	1873

(4)(a) As used in this division, the "personnel allowance"	1874
means thirty thousand dollars in fiscal years 2008 and 2009.	1875

(b) For the provision of speech language pathology services	1876
to students, including students who do not have individualized	1877
education programs prepared for them under Chapter 3323. of the	1878
Revised Code, and for no other purpose, the department of	1879
education shall pay each school district an amount calculated	1880
under the following formula:	1881

(formula ADM divided by 2000) X	1882

the personnel allowance X	1883

the state share percentage	1884

(5) In any fiscal year, a school district shall spend for	1885
purposes that the department designates as approved for special	1886
education and related services expenses at least the amount	1887
calculated as follows:	1888

(formula amount X the sum of categories	1889

one through six special education ADM) +	1890

(total special education weight X formula amount)	1891

The purposes approved by the department for special education	1892
expenses shall include, but shall not be limited to,	1893
identification of children with disabilities, compliance with	1894
state rules governing the education of children with disabilities	1895
and prescribing the continuum of program options for children	1896
with disabilities, provision of speech language pathology	1897
services, and the portion of the school district's overall	1898
administrative and overhead costs that are attributable to the	1899
district's special education student population.	1900

The scholarships deducted from the school district's account	1901
under section 3310.41 or 3310.55 of the Revised Code shall be	1902
considered to be an approved special education and related	1903
services expense for the purpose of the school district's	1904
compliance with division (C)(5) of this section.	1905

The department shall require school districts to report data	1906
annually to allow for monitoring compliance with division (C)(5)	1907
of this section. The department shall annually report to the	1908
governor and the general assembly the amount of money spent by	1909
each school district for special education and related services.	1910

(6) In any fiscal year, a school district shall spend for the	1911
provision of speech language pathology services not less than the	1912
sum of the amount calculated under division (C)(1) of this section	1913
for the students in the district's category one special education	1914
ADM and the amount calculated under division (C)(4) of this	1915
section.	1916

The scholarships deducted from the school district's account	1917
under section 3310.55 of the Revised Code for students counted in	1918
the district's category one special education ADM shall be	1919
considered to be an approved speech language pathology services	1920
expense for the purpose of the school district's compliance with	1921
division (C)(6) of this section.	1922

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

1923

(a) "Daily bus miles per student" equals the number of bus	1924
miles traveled per day, divided by transportation base.	1925

(b) "Transportation base" equals total student count as	1926
defined in section 3301.011 of the Revised Code, minus the number	1927
of students enrolled in units for preschool children with	1928
disabilities, plus the number of nonpublic school students	1929
included in transportation ADM.	1930

(c) "Transported student percentage" equals transportation	1931
ADM divided by transportation base.	1932

(d) "Transportation cost per student" equals total operating	1933
costs for board-owned or contractor-operated school buses divided	1934
by transportation base.	1935

(2) Analysis of student transportation cost data has resulted	1936
in a finding that an average efficient transportation use cost per	1937
student can be calculated by means of a regression formula that	1938
has as its two independent variables the number of daily bus miles	1939
per student and the transported student percentage. For fiscal	1940
year 1998 transportation cost data, the average efficient	1941
transportation use cost per student is expressed as follows:	1942

51.79027 + (139.62626 X daily bus miles per student) +	1943

(116.25573 X transported student percentage)	1944

The department of education shall annually determine the	1945
average efficient transportation use cost per student in	1946
accordance with the principles stated in division (D)(2) of this	1947
section, updating the intercept and regression coefficients of the	1948
regression formula modeled in this division, based on an annual	1949
statewide analysis of each school district's daily bus miles per	1950
student, transported student percentage, and transportation cost	1951
per student data. The department shall conduct the annual update	1952
using data, including daily bus miles per student, transported	1953
student percentage, and transportation cost per student data, from	1954
the prior fiscal year. The department shall notify the office of	1955
budget and management of such update by the fifteenth day of	1956
February of each year.	1957

(3) In addition to funds paid under divisions (A), (C), and	1958
(E) of this section, each district with a transported student	1959
percentage greater than zero shall receive a payment equal to a	1960
percentage of the product of the district's transportation base	1961
from the prior fiscal year times the annually updated average	1962
efficient transportation use cost per student, times an inflation	1963
factor of two and eight-tenths per cent to account for the	1964
one-year difference between the data used in updating the formula	1965
and calculating the payment and the year in which the payment is	1966
made. The percentage shall be the following percentage of that	1967
product specified for the corresponding fiscal year:	1968

FISCAL YEAR	PERCENTAGE	1969
2000	52.5%	1970
2001	55%	1971
2002	57.5%	1972
2003 and thereafter	The greater of 60% or the district's state share percentage	1973

The payments made under division (D)(3) of this section each	1974
year shall be calculated based on all of the same prior year's	1975
data used to update the formula.	1976

(4) In addition to funds paid under divisions (D)(2) and (3)	1977
of this section, a school district shall receive a rough road	1978
subsidy if both of the following apply:	1979

(a) Its county rough road percentage is higher than the	1980
statewide rough road percentage, as those terms are defined in	1981
division (D)(5) of this section;	1982

(b) Its district student density is lower than the statewide	1983
student density, as those terms are defined in that division.	1984

(5) The rough road subsidy paid to each district meeting the	1985
qualifications of division (D)(4) of this section shall be	1986
calculated in accordance with the following formula:	1987

(per rough mile subsidy X total rough road miles)	1988

X density multiplier	1989

where:

1990

(a) "Per rough mile subsidy" equals the amount calculated in	1991
accordance with the following formula:	1992

0.75 - {0.75 X [(maximum rough road percentage -	1993

county rough road percentage)/(maximum rough road	1994

percentage - statewide rough road percentage)]}	1995

(i) "Maximum rough road percentage" means the highest county	1996
rough road percentage in the state.	1997

(ii) "County rough road percentage" equals the percentage of	1998
the mileage of state, municipal, county, and township roads that	1999
is rated by the department of transportation as type A, B, C, E2,	2000
or F in the county in which the school district is located or, if	2001
the district is located in more than one county, the county to	2002
which it is assigned for purposes of determining its	2003
cost-of-doing-business factor.	2004

(iii) "Statewide rough road percentage" means the percentage	2005
of the statewide total mileage of state, municipal, county, and	2006
township roads that is rated as type A, B, C, E2, or F by the	2007
department of transportation.	2008

(b) "Total rough road miles" means a school district's total	2009
bus miles traveled in one year times its county rough road	2010
percentage.	2011

(c) "Density multiplier" means a figure calculated in	2012
accordance with the following formula:	2013

1 - [(minimum student density - district student	2014

density)/(minimum student density -	2015

statewide student density)]	2016

(i) "Minimum student density" means the lowest district	2017
student density in the state.	2018

(ii) "District student density" means a school district's	2019
transportation base divided by the number of square miles in the	2020
district.	2021

(iii) "Statewide student density" means the sum of the	2022
transportation bases for all school districts divided by the sum	2023
of the square miles in all school districts.	2024

(6) In addition to funds paid under divisions (D)(2) to (5)	2025
of this section, each district shall receive in accordance with	2026
rules adopted by the state board of education a payment for	2027
students transported by means other than board-owned or	2028
contractor-operated buses and whose transportation is not funded	2029
under division (G) of section 3317.024 of the Revised Code. The	2030
rules shall include provisions for school district reporting of	2031
such students.	2032

(E)(1) The department shall compute and distribute state	2033
vocational education additional weighted costs funds to each	2034
school district in accordance with the following formula:	2035

state share percentage X	2036

the formula amount X	2037

total vocational education weight	2038

In any fiscal year, a school district receiving funds under	2039
division (E)(1) of this section shall spend those funds only for	2040
the purposes that the department designates as approved for	2041
vocational education expenses. Vocational educational expenses	2042
approved by the department shall include only expenses connected	2043
to the delivery of career-technical programming to	2044
career-technical students. The department shall require the school	2045
district to report data annually so that the department may	2046
monitor the district's compliance with the requirements regarding	2047
the manner in which funding received under division (E)(1) of this	2048
section may be spent.	2049

(2) The department shall compute for each school district	2050
state funds for vocational education associated services in	2051
accordance with the following formula:	2052

state share percentage X .05 X the formula amount X	2053

the sum of categories one and two vocational education ADM	2054

In any fiscal year, a school district receiving funds under	2055
division (E)(2) of this section, or through a transfer of funds	2056
pursuant to division (L) of section 3317.023 of the Revised Code,	2057
shall spend those funds only for the purposes that the department	2058
designates as approved for vocational education associated	2059
services expenses, which may include such purposes as	2060
apprenticeship coordinators, coordinators for other vocational	2061
education services, vocational evaluation, and other purposes	2062
designated by the department. The department may deny payment	2063
under division (E)(2) of this section to any district that the	2064
department determines is not operating those services or is using	2065
funds paid under division (E)(2) of this section, or through a	2066
transfer of funds pursuant to division (L) of section 3317.023 of	2067
the Revised Code, for other purposes.	2068

(F) The actual local share in any fiscal year for the	2069
combination of special education and related services additional	2070
weighted costs funding calculated under division (C)(1) of this	2071
section, transportation funding calculated under divisions (D)(2)	2072
and (3) of this section, and vocational education and associated	2073
services additional weighted costs funding calculated under	2074
divisions (E)(1) and (2) of this section shall not exceed for any	2075
school district the product of three and three-tenths mills times	2076
the district's recognized valuation. The department annually shall	2077
pay each school district as an excess cost supplement any amount	2078
by which the sum of the district's attributed local shares for	2079
that funding exceeds that product. For purposes of calculating the	2080
excess cost supplement:	2081

(1) The attributed local share for special education and	2082
related services additional weighted costs funding is the amount	2083
specified in division (C)(2) of this section.	2084

(2) The attributed local share of transportation funding	2085
equals the difference of the total amount calculated for the	2086
district using the formula developed under division (D)(2) of this	2087
section minus the actual amount paid to the district after	2088
applying the percentage specified in division (D)(3) of this	2089
section.	2090

(3) The attributed local share of vocational education and	2091
associated services additional weighted costs funding is the	2092
amount determined as follows:	2093

(1 - state share percentage) X	2094

[(total vocational education weight X	2095

the formula amount) + the payment under	2096

division (E)(2) of this section]	2097

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	2098
(C) of this section, except as provided in division (A)(2)(h) of	2099
this section, any student enrolled in kindergarten more than half	2100
time shall be reported as one-half student under this section.	2101

(A) The superintendent of each city and exempted village	2102
school district and of each educational service center shall, for	2103
the schools under the superintendent's supervision, certify to the	2104
state board of education on or before the fifteenth day of October	2105
in each year for the first full school week in October the formula	2106
ADM. Beginning in fiscal year 2007, each superintendent also shall	2107
certify to the state board, for the schools under the	2108
superintendent's supervision, the formula ADM for the first full	2109
week in February. If a school under the superintendent's	2110
supervision is closed for one or more days during that week due to	2111
hazardous weather conditions or other circumstances described in	2112
the first paragraph of division (B) of section 3317.01 of the	2113
Revised Code, the superintendent may apply to the superintendent	2114
of public instruction for a waiver, under which the superintendent	2115
of public instruction may exempt the district superintendent from	2116
certifying the formula ADM for that school for that week and	2117
specify an alternate week for certifying the formula ADM of that	2118
school.	2119

The formula ADM shall consist of the average daily membership	2120
during such week of the sum of the following:	2121

(1) On an FTE basis, the number of students in grades	2122
kindergarten through twelve receiving any educational services	2123
from the district, except that the following categories of	2124
students shall not be included in the determination:	2125

(a) Students enrolled in adult education classes;

2126

(b) Adjacent or other district students enrolled in the	2127
district under an open enrollment policy pursuant to section	2128
3313.98 of the Revised Code;	2129

(c) Students receiving services in the district pursuant to a	2130
compact, cooperative education agreement, or a contract, but who	2131
are entitled to attend school in another district pursuant to	2132
section 3313.64 or 3313.65 of the Revised Code;	2133

(d) Students for whom tuition is payable pursuant to sections	2134
3317.081 and 3323.141 of the Revised Code;	2135

(e) Students receiving services in the district through a	2136
scholarship awarded under either section 3310.41 or sections	2137
3310.51 to 3310.64 of the Revised Code.	2138

(2) On an FTE basis, except as provided in division (A)(2)(h)	2139
of this section, the number of students entitled to attend school	2140
in the district pursuant to section 3313.64 or 3313.65 of the	2141
Revised Code, but receiving educational services in grades	2142
kindergarten through twelve from one or more of the following	2143
entities:	2144

(a) A community school pursuant to Chapter 3314. of the	2145
Revised Code, including any participation in a college pursuant to	2146
Chapter 3365. of the Revised Code while enrolled in such community	2147
school;	2148

(b) An alternative school pursuant to sections 3313.974 to	2149
3313.979 of the Revised Code as described in division (I)(2)(a) or	2150
(b) of this section;	2151

(c) A college pursuant to Chapter 3365. of the Revised Code,	2152
except when the student is enrolled in the college while also	2153
enrolled in a community school pursuant to Chapter 3314. or a	2154
science, technology, engineering, and mathematics school	2155
established under Chapter 3326. of the Revised Code;	2156

(d) An adjacent or other school district under an open	2157
enrollment policy adopted pursuant to section 3313.98 of the	2158
Revised Code;	2159

(e) An educational service center or cooperative education	2160
district;	2161

(f) Another school district under a cooperative education	2162
agreement, compact, or contract;	2163

(g) A chartered nonpublic school with a scholarship paid	2164
under section 3310.08 of the Revised Code;	2165

(h) An alternative public provider or a registered private	2166
provider with a scholarship awarded under either section 3310.41	2167
or sections 3310.51 to 3310.64 of the Revised Code. Each such	2168
scholarship student who is enrolled in kindergarten shall be	2169
counted as one full-time-equivalent student.	2170

As used in this section, "alternative public provider" and	2171
"registered private provider" have the same meanings as in section	2172
3310.41 or 3310.51 of the Revised Code, as applicable.	2173

(i) A science, technology, engineering, and mathematics	2174
school established under Chapter 3326. of the Revised Code,	2175
including any participation in a college pursuant to Chapter 3365.	2176
of the Revised Code while enrolled in the school.	2177

(3) Twenty per cent of the number of students enrolled in a	2178
joint vocational school district or under a vocational education	2179
compact, excluding any students entitled to attend school in the	2180
district under section 3313.64 or 3313.65 of the Revised Code who	2181
are enrolled in another school district through an open enrollment	2182
policy as reported under division (A)(2)(d) of this section and	2183
then enroll in a joint vocational school district or under a	2184
vocational education compact;	2185

(4) The number of children with disabilities, other than	2186
preschool children with disabilities, entitled to attend school	2187
in the district pursuant to section 3313.64 or 3313.65 of the	2188
Revised Code who are placed by the district with a county MR/DD	2189
board, minus the number of such children placed with a county	2190
MR/DD board in fiscal year 1998. If this calculation produces a	2191
negative number, the number reported under division (A)(4) of	2192
this section shall be zero.	2193

(5) Beginning in fiscal year 2007, in the case of the report	2194
submitted for the first full week in February, or the alternative	2195
week if specified by the superintendent of public instruction, the	2196
number of students reported under division (A)(1) or (2) of this	2197
section for the first full week of the preceding October but who	2198
since that week have received high school diplomas.	2199

(B) To enable the department of education to obtain the data	2200
needed to complete the calculation of payments pursuant to this	2201
chapter, in addition to the formula ADM, each superintendent shall	2202
report separately the following student counts for the same week	2203
for which formula ADM is certified:	2204

(1) The total average daily membership in regular day classes	2205
included in the report under division (A)(1) or (2) of this	2206
section for kindergarten, and each of grades one through twelve in	2207
schools under the superintendent's supervision;	2208

(2) The number of all preschool children with disabilities	2209
enrolled as of the first day of December in classes in the	2210
district that are eligible for approval under division (B) of	2211
section 3317.05 of the Revised Code and the number of those	2212
classes, which shall be reported not later than the fifteenth day	2213
of December, in accordance with rules adopted under that section;	2214

(3) The number of children entitled to attend school in the	2215
district pursuant to section 3313.64 or 3313.65 of the Revised	2216
Code who are:	2217

(a) Participating in a pilot project scholarship program	2218
established under sections 3313.974 to 3313.979 of the Revised	2219
Code as described in division (I)(2)(a) or (b) of this section;	2220

(b) Enrolled in a college under Chapter 3365. of the Revised	2221
Code, except when the student is enrolled in the college while	2222
also enrolled in a community school pursuant to Chapter 3314. or a	2223
science, technology, engineering, and mathematics school	2224
established under Chapter 3326. of the Revised Code;	2225

(c) Enrolled in an adjacent or other school district under	2226
section 3313.98 of the Revised Code;	2227

(d) Enrolled in a community school established under Chapter	2228
3314. of the Revised Code that is not an internet- or	2229
computer-based community school as defined in section 3314.02 of	2230
the Revised Code, including any participation in a college	2231
pursuant to Chapter 3365. of the Revised Code while enrolled in	2232
such community school;	2233

(e) Enrolled in an internet- or computer-based community	2234
school, as defined in section 3314.02 of the Revised Code,	2235
including any participation in a college pursuant to Chapter 3365.	2236
of the Revised Code while enrolled in the school;	2237

(f) Enrolled in a chartered nonpublic school with a	2238
scholarship paid under section 3310.08 of the Revised Code;	2239

(g) Enrolled in kindergarten through grade twelve in an	2240
alternative public provider or a registered private provider with	2241
a scholarship awarded under either section 3310.41 or sections	2242
3310.51 to 3310.64 of the Revised Code;	2243

(h) Enrolled as a preschool child with a disability in an	2244
alternative public provider or a registered private provider with	2245
a scholarship awarded under section 3310.41 of the Revised Code;	2246

(i) Participating in a program operated by a county MR/DD	2247
board or a state institution;	2248

(j) Enrolled in a science, technology, engineering, and	2249
mathematics school established under Chapter 3326. of the Revised	2250
Code, including any participation in a college pursuant to Chapter	2251
3365. of the Revised Code while enrolled in the school.	2252

(4) The number of pupils enrolled in joint vocational	2253
schools;	2254

(5) The combined average daily membership of children with	2255
disabilities reported under division (A)(1) or (2) of this	2256
section receiving special education services for the category one	2257
disability described in division (A) of section 3317.013 of the	2258
Revised Code, including children attending a special education	2259
program operated by an alternative public provider or a	2260
registered private provider with a scholarship awarded under	2261
sections 3310.51 to 3310.64 of the Revised Code;	2262

(6) The combined average daily membership of children with	2263
disabilities reported under division (A)(1) or (2) of this	2264
section receiving special education services for category two	2265
disabilities described in division (B) of section 3317.013 of the	2266
Revised Code, including children attending a special education	2267
program operated by an alternative public provider or a	2268
registered private provider with a scholarship awarded under	2269
sections 3310.51 to 3310.64 of the Revised Code;	2270

(7) The combined average daily membership of children with	2271
disabilities reported under division (A)(1) or (2) of this	2272
section receiving special education services for category three	2273
disabilities described in division (C) of section 3317.013 of the	2274
Revised Code, including children attending a special education	2275
program operated by an alternative public provider or a	2276
registered private provider with a scholarship awarded under	2277
sections 3310.51 to 3310.64 of the Revised Code;	2278

(8) The combined average daily membership of children with	2279
disabilities reported under division (A)(1) or (2) of this	2280
section receiving special education services for category four	2281
disabilities described in division (D) of section 3317.013 of the	2282
Revised Code, including children attending a special education	2283
program operated by an alternative public provider or a	2284
registered private provider with a scholarship awarded under	2285
sections 3310.51 to 3310.64 of the Revised Code;	2286

(9) The combined average daily membership of children with	2287
disabilities reported under division (A)(1) or (2) of this	2288
section receiving special education services for the category	2289
five disabilities described in division (E) of section 3317.013	2290
of the Revised Code, including children attending a special	2291
education program operated by an alternative public provider or a	2292
registered private provider with a scholarship awarded under	2293
sections 3310.51 to 3310.64 of the Revised Code;	2294

(10) The combined average daily membership of children with	2295
disabilities reported under division (A)(1) or (2) and under	2296
division (B)(3)(h) of this section receiving special education	2297
services for category six disabilities described in division (F)	2298
of section 3317.013 of the Revised Code, including children	2299
attending a special education program operated by an alternative	2300
public provider or a registered private provider with a	2301
scholarship awarded under either section 3310.41 or sections	2302
3310.51 to 3310.64 of the Revised Code;	2303

(11) The average daily membership of pupils reported under	2304
division (A)(1) or (2) of this section enrolled in category one	2305
vocational education programs or classes, described in division	2306
(A) of section 3317.014 of the Revised Code, operated by the	2307
school district or by another district, other than a joint	2308
vocational school district, or by an educational service center,	2309
excluding any student reported under division (B)(3)(e) of this	2310
section as enrolled in an internet- or computer-based community	2311
school, notwithstanding division (C) of section 3317.02 of the	2312
Revised Code and division (C)(3) of this section;	2313

(12) The average daily membership of pupils reported under	2314
division (A)(1) or (2) of this section enrolled in category two	2315
vocational education programs or services, described in division	2316
(B) of section 3317.014 of the Revised Code, operated by the	2317
school district or another school district, other than a joint	2318
vocational school district, or by an educational service center,	2319
excluding any student reported under division (B)(3)(e) of this	2320
section as enrolled in an internet- or computer-based community	2321
school, notwithstanding division (C) of section 3317.02 of the	2322
Revised Code and division (C)(3) of this section;	2323

(13) The average number of children transported by the school	2324
district on board-owned or contractor-owned and -operated buses,	2325
reported in accordance with rules adopted by the department of	2326
education;	2327

(14)(a) The number of children, other than preschool children	2328
with disabilities, the district placed with a county MR/DD board	2329
in fiscal year 1998;	2330

(b) The number of children with disabilities, other than	2331
preschool children with disabilities, placed with a county MR/DD	2332
board in the current fiscal year to receive special education	2333
services for the category one disability described in division	2334
(A) of section 3317.013 of the Revised Code;	2335

(c) The number of children with disabilities, other than	2336
preschool children with disabilities, placed with a county MR/DD	2337
board in the current fiscal year to receive special education	2338
services for category two disabilities described in division (B)	2339
of section 3317.013 of the Revised Code;	2340

(d) The number of children with disabilities, other than	2341
preschool children with disabilities, placed with a county MR/DD	2342
board in the current fiscal year to receive special education	2343
services for category three disabilities described in division	2344
(C) of section 3317.013 of the Revised Code;	2345

(e) The number of children with disabilities, other than	2346
preschool children with disabilities, placed with a county MR/DD	2347
board in the current fiscal year to receive special education	2348
services for category four disabilities described in division (D)	2349
of section 3317.013 of the Revised Code;	2350

(f) The number of children with disabilities, other than	2351
preschool children with disabilities, placed with a county MR/DD	2352
board in the current fiscal year to receive special education	2353
services for the category five disabilities described in division	2354
(E) of section 3317.013 of the Revised Code;	2355

(g) The number of children with disabilities, other than	2356
preschool children with disabilities, placed with a county MR/DD	2357
board in the current fiscal year to receive special education	2358
services for category six disabilities described in division (F)	2359
of section 3317.013 of the Revised Code.	2360

(C)(1) Except as otherwise provided in this section for	2361
kindergarten students, the average daily membership in divisions	2362
(B)(1) to (12) of this section shall be based upon the number of	2363
full-time equivalent students. The state board of education shall	2364
adopt rules defining full-time equivalent students and for	2365
determining the average daily membership therefrom for the	2366
purposes of divisions (A), (B), and (D) of this section.	2367

(2) A student enrolled in a community school established	2368
under Chapter 3314. or a science, technology, engineering, and	2369
mathematics school established under Chapter 3326. of the Revised	2370
Code shall be counted in the formula ADM and, if applicable, the	2371
category one, two, three, four, five, or six special education ADM	2372
of the school district in which the student is entitled to attend	2373
school under section 3313.64 or 3313.65 of the Revised Code for	2374
the same proportion of the school year that the student is counted	2375
in the enrollment of the community school or the science,	2376
technology, engineering, and mathematics school for purposes of	2377
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	2378
the number of students reported pursuant to division (B)(3)(d),	2379
(e), or (j) of this section, the department may adjust the	2380
formula ADM of a school district to account for students entitled	2381
to attend school in the district under section 3313.64 or 3313.65	2382
of the Revised Code who are enrolled in a community school or a	2383
science, technology, engineering, and mathematics school for only	2384
a portion of the school year.	2385

(3) No child shall be counted as more than a total of one	2386
child in the sum of the average daily memberships of a school	2387
district under division (A), divisions (B)(1) to (12), or division	2388
(D) of this section, except as follows:	2389

(a) A child with a disability described in section 3317.013	2390
of the Revised Code may be counted both in formula ADM and in	2391
category one, two, three, four, five, or six special education	2392
ADM and, if applicable, in category one or two vocational	2393
education ADM. As provided in division (C) of section 3317.02 of	2394
the Revised Code, such a child shall be counted in category one,	2395
two, three, four, five, or six special education ADM in the same	2396
proportion that the child is counted in formula ADM.	2397

(b) A child enrolled in vocational education programs or	2398
classes described in section 3317.014 of the Revised Code may be	2399
counted both in formula ADM and category one or two vocational	2400
education ADM and, if applicable, in category one, two, three,	2401
four, five, or six special education ADM. Such a child shall be	2402
counted in category one or two vocational education ADM in the	2403
same proportion as the percentage of time that the child spends in	2404
the vocational education programs or classes.	2405

(4) Based on the information reported under this section, the	2406
department of education shall determine the total student count,	2407
as defined in section 3301.011 of the Revised Code, for each	2408
school district.	2409

(D)(1) The superintendent of each joint vocational school	2410
district shall certify to the superintendent of public instruction	2411
on or before the fifteenth day of October in each year for the	2412
first full school week in October the formula ADM. Beginning in	2413
fiscal year 2007, each superintendent also shall certify to the	2414
state superintendent the formula ADM for the first full week in	2415
February. If a school operated by the joint vocational school	2416
district is closed for one or more days during that week due to	2417
hazardous weather conditions or other circumstances described in	2418
the first paragraph of division (B) of section 3317.01 of the	2419
Revised Code, the superintendent may apply to the superintendent	2420
of public instruction for a waiver, under which the superintendent	2421
of public instruction may exempt the district superintendent from	2422
certifying the formula ADM for that school for that week and	2423
specify an alternate week for certifying the formula ADM of that	2424
school.	2425

The formula ADM, except as otherwise provided in this	2426
division, shall consist of the average daily membership during	2427
such week, on an FTE basis, of the number of students receiving	2428
any educational services from the district, including students	2429
enrolled in a community school established under Chapter 3314. or	2430
a science, technology, engineering, and mathematics school	2431
established under Chapter 3326. of the Revised Code who are	2432
attending the joint vocational district under an agreement	2433
between the district board of education and the governing	2434
authority of the community school or the science, technology,	2435
engineering, and mathematics school and are entitled to attend	2436
school in a city, local, or exempted village school district whose	2437
territory is part of the territory of the joint vocational	2438
district. Beginning in fiscal year 2007, in the case of the	2439
report submitted for the first week in February, or the	2440
alternative week if specified by the superintendent of public	2441
instruction, the superintendent of the joint vocational school	2442
district may include the number of students reported under	2443
division (D)(1) of this section for the first full week of the	2444
preceding October but who since that week have received high	2445
school diplomas.	2446

The following categories of students shall not be included in	2447
the determination made under division (D)(1) of this section:	2448

(a) Students enrolled in adult education classes;

2449

(b) Adjacent or other district joint vocational students	2450
enrolled in the district under an open enrollment policy pursuant	2451
to section 3313.98 of the Revised Code;	2452

(c) Students receiving services in the district pursuant to a	2453
compact, cooperative education agreement, or a contract, but who	2454
are entitled to attend school in a city, local, or exempted	2455
village school district whose territory is not part of the	2456
territory of the joint vocational district;	2457

(d) Students for whom tuition is payable pursuant to sections	2458
3317.081 and 3323.141 of the Revised Code.	2459

(2) To enable the department of education to obtain the data	2460
needed to complete the calculation of payments pursuant to this	2461
chapter, in addition to the formula ADM, each superintendent shall	2462
report separately the average daily membership included in the	2463
report under division (D)(1) of this section for each of the	2464
following categories of students for the same week for which	2465
formula ADM is certified:	2466

(a) Students enrolled in each grade included in the joint	2467
vocational district schools;	2468

(b) Children with disabilities receiving special education	2469
services for the category one disability described in division	2470
(A) of section 3317.013 of the Revised Code;	2471

(c) Children with disabilities receiving special education	2472
services for the category two disabilities described in division	2473
(B) of section 3317.013 of the Revised Code;	2474

(d) Children with disabilities receiving special education	2475
services for category three disabilities described in division (C)	2476
of section 3317.013 of the Revised Code;	2477

(e) Children with disabilities receiving special education	2478
services for category four disabilities described in division (D)	2479
of section 3317.013 of the Revised Code;	2480

(f) Children with disabilities receiving special education	2481
services for the category five disabilities described in division	2482
(E) of section 3317.013 of the Revised Code;	2483

(g) Children with disabilities receiving special education	2484
services for category six disabilities described in division (F)	2485
of section 3317.013 of the Revised Code;	2486

(h) Students receiving category one vocational education	2487
services, described in division (A) of section 3317.014 of the	2488
Revised Code;	2489

(i) Students receiving category two vocational education	2490
services, described in division (B) of section 3317.014 of the	2491
Revised Code.	2492

The superintendent of each joint vocational school district	2493
shall also indicate the city, local, or exempted village school	2494
district in which each joint vocational district pupil is entitled	2495
to attend school pursuant to section 3313.64 or 3313.65 of the	2496
Revised Code.	2497

(E) In each school of each city, local, exempted village,	2498
joint vocational, and cooperative education school district there	2499
shall be maintained a record of school membership, which record	2500
shall accurately show, for each day the school is in session, the	2501
actual membership enrolled in regular day classes. For the purpose	2502
of determining average daily membership, the membership figure of	2503
any school shall not include any pupils except those pupils	2504
described by division (A) of this section. The record of	2505
membership for each school shall be maintained in such manner that	2506
no pupil shall be counted as in membership prior to the actual	2507
date of entry in the school and also in such manner that where for	2508
any cause a pupil permanently withdraws from the school that pupil	2509
shall not be counted as in membership from and after the date of	2510
such withdrawal. There shall not be included in the membership of	2511
any school any of the following:	2512

(1) Any pupil who has graduated from the twelfth grade of a	2513
public or nonpublic high school;	2514

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

2515

(3) Any pupil who was enrolled in the schools of the district	2516
during the previous school year when tests were administered under	2517
section 3301.0711 of the Revised Code but did not take one or more	2518
of the tests required by that section and was not excused pursuant	2519
to division (C)(1) or (3) of that section;	2520

(4) Any pupil who has attained the age of twenty-two years,	2521
except for veterans of the armed services whose attendance was	2522
interrupted before completing the recognized twelve-year course of	2523
the public schools by reason of induction or enlistment in the	2524
armed forces and who apply for reenrollment in the public school	2525
system of their residence not later than four years after	2526
termination of war or their honorable discharge.	2527

If, however, any veteran described by division (E)(4) of this	2528
section elects to enroll in special courses organized for veterans	2529
for whom tuition is paid under the provisions of federal laws, or	2530
otherwise, that veteran shall not be included in average daily	2531
membership.	2532

Notwithstanding division (E)(3) of this section, the	2533
membership of any school may include a pupil who did not take a	2534
test required by section 3301.0711 of the Revised Code if the	2535
superintendent of public instruction grants a waiver from the	2536
requirement to take the test to the specific pupil and a parent is	2537
not paying tuition for the pupil pursuant to section 3313.6410 of	2538
the Revised Code. The superintendent may grant such a waiver only	2539
for good cause in accordance with rules adopted by the state board	2540
of education.	2541

Except as provided in divisions (B)(2) and (F) of this	2542
section, the average daily membership figure of any local, city,	2543
exempted village, or joint vocational school district shall be	2544
determined by dividing the figure representing the sum of the	2545
number of pupils enrolled during each day the school of attendance	2546
is actually open for instruction during the week for which the	2547
formula ADM is being certified by the total number of days the	2548
school was actually open for instruction during that week. For	2549
purposes of state funding, "enrolled" persons are only those	2550
pupils who are attending school, those who have attended school	2551
during the current school year and are absent for authorized	2552
reasons, and those children with disabilities currently receiving	2553
home instruction.	2554

The average daily membership figure of any cooperative	2555
education school district shall be determined in accordance with	2556
rules adopted by the state board of education.	2557

(F)(1) If the formula ADM for the first full school week in	2558
February is at least three per cent greater than that certified	2559
for the first full school week in the preceding October, the	2560
superintendent of schools of any city, exempted village, or joint	2561
vocational school district or educational service center shall	2562
certify such increase to the superintendent of public instruction.	2563
Such certification shall be submitted no later than the fifteenth	2564
day of February. For the balance of the fiscal year, beginning	2565
with the February payments, the superintendent of public	2566
instruction shall use the increased formula ADM in calculating or	2567
recalculating the amounts to be allocated in accordance with	2568
section 3317.022 or 3317.16 of the Revised Code. In no event shall	2569
the superintendent use an increased membership certified to the	2570
superintendent after the fifteenth day of February. Division	2571
(F)(1) of this section does not apply after fiscal year 2006.	2572

(2) If on the first school day of April the total number of	2573
classes or units for preschool children with disabilities that	2574
are eligible for approval under division (B) of section 3317.05	2575
of the Revised Code exceeds the number of units that have been	2576
approved for the year under that division, the superintendent of	2577
schools of any city, exempted village, or cooperative education	2578
school district or educational service center shall make the	2579
certifications required by this section for that day. If the	2580
department determines additional units can be approved for the	2581
fiscal year within any limitations set forth in the acts	2582
appropriating moneys for the funding of such units, the	2583
department shall approve additional units for the fiscal year on	2584
the basis of such average daily membership. For each unit so	2585
approved, the department shall pay an amount computed in the	2586
manner prescribed in section 3317.052 or 3317.19 and section	2587
3317.053 of the Revised Code.	2588

(3) If a student attending a community school under Chapter	2589
3314. or a science, technology, engineering, and mathematics	2590
school established under Chapter 3326. of the Revised Code is not	2591
included in the formula ADM certified for the school district in	2592
which the student is entitled to attend school under section	2593
3313.64 or 3313.65 of the Revised Code, the department of	2594
education shall adjust the formula ADM of that school district to	2595
include the student in accordance with division (C)(2) of this	2596
section, and shall recalculate the school district's payments	2597
under this chapter for the entire fiscal year on the basis of	2598
that adjusted formula ADM. This requirement applies regardless of	2599
whether the student was enrolled, as defined in division (E) of	2600
this section, in the community school or the science,	2601
technology, engineering, and mathematics school during the week	2602
for which the formula ADM is being certified.	2603

(4) If a student awarded an educational choice scholarship is	2604
not included in the formula ADM of the school district from which	2605
the department deducts funds for the scholarship under section	2606
3310.08 of the Revised Code, the department shall adjust the	2607
formula ADM of that school district to include the student to the	2608
extent necessary to account for the deduction, and shall	2609
recalculate the school district's payments under this chapter for	2610
the entire fiscal year on the basis of that adjusted formula ADM.	2611
This requirement applies regardless of whether the student was	2612
enrolled, as defined in division (E) of this section, in the	2613
chartered nonpublic school, the school district, or a community	2614
school during the week for which the formula ADM is being	2615
certified.	2616

(5) If a student awarded a scholarship under the special	2617
education scholarship pilot program is not included in the formula	2618
ADM of the school district from which the department deducts funds	2619
for the scholarship under section 3310.55 of the Revised Code, the	2620
department shall adjust the formula ADM of that school district to	2621
include the student to the extent necessary to account for the	2622
deduction, and shall recalculate the school district's payments	2623
under this chapter for the entire fiscal year on the basis of that	2624