As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 645


Representative Kunze 


A BILL
To amend Sections 263.10 and 263.230 of Am. Sub. H.B. 1
59 of the 130th General Assembly, as subsequently 2
amended, to earmark funds for a pre-K through 5 3
Language and Literacy Program and to establish the 4
program guidelines.5


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

       Section 1.  That Sections 263.10 and 263.230 of Am. Sub. H.B. 6
59 of the 130th General Assembly, as amended by Am. Sub. H.B. 483 7
of the 130th General Assembly, be amended to read as follows:8

       Sec. 263.10. EDU DEPARTMENT OF EDUCATION9

General Revenue Fund10

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 11
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 12
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 13
GRF 200421 Alternative Education Programs $ 7,403,998 $ 12,403,998 14
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 15
GRF 200424 Policy Analysis $ 328,558 $ 328,558 16
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 17
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 18
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 19
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 20
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 21
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 22
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 23
GRF 200447 GED Testing $ 879,551 $ 879,551 24
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 25
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 26
GRF 200464 General Technology Operations $ 192,097 $ 192,097 27
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 28
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 29
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 30
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 31
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 32
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 33
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 34
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 6,159,463,768 35
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 36
GRF 200901 Property Tax Allocation - Education $ 1,126,800,000 $ 1,146,402,000 37
TOTAL GRF General Revenue Fund $ 7,973,459,657 $ 8,392,357,295 8,400,357,295 38

General Services Fund Group39

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 40
4520 200638 Fees and Refunds $ 500,000 $ 500,000 41
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 42
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 43
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 44
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 45
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 46
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 47
TOTAL GSF General Services 48
Fund Group $ 41,764,032 $ 49,608,544 49

Federal Special Revenue Fund Group50

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 51
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 52
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 53
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 54
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 55
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 56
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 57
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 58
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 59
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 60
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 61
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 62
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 63
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 64
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 65
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 66
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 67
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 68
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 69
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 70
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 71
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 72
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 73
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 74
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 75
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 76
3T40 200613 Public Charter Schools $ 500,000 $ 0 77
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 78
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 79
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 80
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 81
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 82
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 83
TOTAL FED Federal Special 84
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 85

State Special Revenue Fund Group86

4540 200610 GED Testing $ 1,050,000 $ 250,000 87
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 88
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 89
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 90
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 91
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 92
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 93
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 94
5U20 200685 National Education Statistics $ 300,000 $ 300,000 95
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 96
TOTAL SSR State Special Revenue 97
Fund Group $ 53,996,635 $ 54,149,635 98

Lottery Profits Education Fund Group99

7017 200612 Foundation Funding $ 775,500,000 $ 857,700,000 100
7017 200629 Career Advising and Mentoring $ 0 $ 10,000,000 101
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 102
7017 200666 EdChoice Expansion $ 3,800,000 $ 17,000,000 103
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 104
TOTAL LPE Lottery Profits 105
Education Fund Group $ 886,800,000 $ 1,042,200,000 106

Revenue Distribution Fund Group107

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 108
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 109
TOTAL RDF Revenue Distribution 110
Fund Group $ 510,000,000 $ 510,000,000 111
TOTAL ALL BUDGET FUND GROUPS $ 11,504,065,322 $ 12,025,718,929 12,033,718,929 112


       Sec. 263.230. FOUNDATION FUNDING114

       Of the foregoing appropriation item 200550, Foundation 115
Funding, up to $675,000 in fiscal year 2014 shall be used to 116
support the work of the College of Education and Human Ecology at 117
the Ohio State University in reviewing and assessing the alignment 118
of courses offered through the distance learning clearinghouse 119
established in sections 3333.81 to 3333.88 of the Revised Code 120
with the academic content standards adopted under division (A) of 121
section 3301.079 of the Revised Code.122

       Of the foregoing appropriation item 200550, Foundation 123
Funding, up to $40,000,000 in each fiscal year shall be used to 124
provide additional state aid to school districts, joint vocational 125
school districts, community schools, and STEM schools for special 126
education students under division (C)(3) of section 3314.08, 127
section 3317.0214, division (B) of section 3317.16, and section 128
3326.34 of the Revised Code, except that the Controlling Board may 129
increase these amounts if presented with such a request from the 130
Department of Education at the final meeting of the fiscal year.131

        Of the foregoing appropriation item 200550, Foundation 132
Funding, up to $2,000,000 in each fiscal year shall be reserved 133
for Youth Services tuition payments under section 3317.024 of the 134
Revised Code.135

       Of the foregoing appropriation item 200550, Foundation 136
Funding, up to $3,800,000 in each fiscal year shall be used to 137
fund gifted education at educational service centers. The 138
Department shall distribute the funding through the unit-based 139
funding methodology in place under division (L) of section 140
3317.024, division (E) of section 3317.05, and divisions (A), (B), 141
and (C) of section 3317.053 of the Revised Code as they existed 142
prior to fiscal year 2010.143

       Of the foregoing appropriation item 200550, Foundation 144
Funding, up to $43,500,000 in fiscal year 2014 and up to 145
$40,000,000 in fiscal year 2015 shall be reserved to fund the 146
state reimbursement of educational service centers under the 147
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 148
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,500,000 in 149
each fiscal year shall be distributed to educational service 150
centers for School Improvement Initiatives and, in consultation 151
with the Governor's Director of 21st Century Education, for the 152
provision of technical assistance as required by the Elementary 153
and Secondary Education Act Flexibility waivers approved for Ohio 154
by the United States Department of Education. Educational service 155
centers shall be required to support districts in the development 156
and implementation of their continuous improvement plans as 157
required in section 3302.04 of the Revised Code and to provide 158
technical assistance and support in accordance with Title I of the 159
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 160
6317, as administered pursuant to the Elementary and Secondary 161
Education Act Flexibility waivers approved for Ohio by the United 162
States Department of Education. 163

       Of the foregoing appropriation item 200550, Foundation 164
Funding, up to $20,000,000 in each fiscal year shall be reserved 165
for payments under sections 3317.026, 3317.027, and 3317.028 of 166
the Revised Code. If this amount is not sufficient, the Department 167
of Education shall prorate the payment amounts so that the 168
aggregate amount allocated in this paragraph is not exceeded.169

       Of the foregoing appropriation item 200550, Foundation 170
Funding, up to $2,000,000 in each fiscal year shall be used to pay 171
career-technical planning districts for the amounts reimbursed to 172
students, as prescribed in this paragraph. Each career-technical 173
planning district shall reimburse individuals taking the online 174
General Educational Development (GED) test for the first time for 175
application/test fees in excess of $40. Each career-technical 176
planning district shall designate a site or sites where 177
individuals may register and take the exam. For each individual 178
that registers for the exam, the career-technical planning 179
district shall make available and offer career counseling 180
services, including information on adult education programs that 181
are available. Any remaining funds in each fiscal year shall be 182
reimbursed to the Department of Youth Services and the Department 183
of Rehabilitation and Correction for individuals in these 184
facilities who have taken the GED for the first time. The amounts 185
reimbursed shall not exceed the per-individual amounts reimbursed 186
to other individuals under this section for each section of the 187
GED.188

       Of the foregoing appropriation item 200550, Foundation 189
Funding, up to $410,000 in each fiscal year shall be used to pay 190
career-technical planning districts $500 for each student that 191
receives a journeyman certification, as recognized by the United 192
States Department of Labor.193

       Of the foregoing appropriation item 200550, Foundation 194
Funding, up to $18,713,327 in fiscal year 2014 and up to 195
$26,213,327 in fiscal year 2015 shall be used to support school 196
choice programs.197

       Of the portion of the funds distributed to the Cleveland 198
Municipal School District under this section, up to $11,901,887 in 199
each fiscal year shall be used to operate the school choice 200
program in the Cleveland Municipal School District under sections 201
3313.974 to 3313.979 of the Revised Code. Notwithstanding 202
divisions (B) and (C) of section 3313.978 and division (C) of 203
section 3313.979 of the Revised Code, up to $1,000,000 in each 204
fiscal year of this amount shall be used by the Cleveland 205
Municipal School District to provide tutorial assistance as 206
provided in division (H) of section 3313.974 of the Revised Code. 207
The Cleveland Municipal School District shall report the use of 208
these funds in the district's three-year continuous improvement 209
plan as described in section 3302.04 of the Revised Code in a 210
manner approved by the Department of Education.211

       Of the foregoing appropriation item 200550, Foundation 212
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 213
college-preparatory boarding schools the per pupil boarding amount 214
pursuant to section 3328.34 of the Revised Code.215

       Of the foregoing appropriation item 200550, Foundation 216
Funding, up to $500,000 in each fiscal year shall be used to 217
support Jobs for Ohio's Graduates.218

       Of the foregoing appropriation item 200550, Foundation 219
Funding, up to $250,000 in fiscal year 2015 may be used for 220
payment of the Post-Secondary Enrollment Options Program for 221
students instructed at home pursuant to section 3321.04 of the 222
Revised Code.223

       Of the foregoing appropriation item 200550, Foundation 224
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 225
reimburse school districts for the full amount deducted in that 226
year under section 3310.55 of the Revised Code for Jon Peterson 227
Scholarships awarded under sections 3310.51 to 3310.64 of the 228
Revised Code to students who did not attend a public school in 229
their resident district in the previous school year. If this 230
amount is not sufficient, the Department of Education shall 231
prorate the payment amounts so that the aggregate amount 232
appropriated in this paragraph is not exceeded.233

       Of the foregoing appropriation item 200550, Foundation 234
Funding, an amount shall be available in each fiscal year to be 235
paid to joint vocational school districts in accordance with 236
division (A) of section 3317.16 of the Revised Code and the 237
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 238
"TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 239
DISTRICTS."240

       Of the foregoing appropriation item 200550, Foundation 241
Funding, up to $700,000 in each fiscal year shall be used by the 242
Department of Education for a program to pay for educational 243
services for youth who have been assigned by a juvenile court or 244
other authorized agency to any of the facilities described in 245
division (A) of the section of Am. Sub. H.B. 59 of the 130th 246
General Assembly entitled "PRIVATE TREATMENT FACILITY PROJECT."247

       Of the foregoing appropriation item 200550, Foundation 248
Funding, up to $675,000 in fiscal year 2015 shall be used to 249
provide grants on a competitive basis to public and chartered 250
nonpublic schools for their participation in the electronic 251
textbook pilot project. These funds shall be administered as 252
provided under the section of Am. Sub. H.B. 59 of the 130th 253
General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.254

       Of the foregoing appropriation item 200550, Foundation 255
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 256
in fiscal year 2015 shall be used for the New Leaders for Ohio 257
Schools Pilot Project in accordance with Section 733.40 of Am. 258
Sub. H.B. 59 of the 130th General Assembly.259

       Of the foregoing appropriation item 200550, Foundation 260
Funding, up to $8,000,000 in fiscal year 2015 shall be used to 261
support the implementation of a digital learning-based pre-K 262
through 5 program that teaches a language and literacy curriculum 263
for English Learner (EL) students to increase their ability to 264
meet grade level reading standards. The program shall provide 265
first language support for three out of the top five most 266
prevalent languages spoken in Ohio.267

       The remainder of appropriation item 200550, Foundation 268
Funding, shall be used to distribute the amounts calculated for 269
formula aid under section 3317.022 of the Revised Code and the 270
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 271
"TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE 272
SCHOOL DISTRICTS."273

       Appropriation items 200502, Pupil Transportation, 200540, 274
Special Education Enhancements, and 200550, Foundation Funding, 275
other than specific set-asides, are collectively used in each 276
fiscal year to pay state formula aid obligations for school 277
districts, community schools, STEM schools, college preparatory 278
boarding schools, and joint vocational school districts under Am. 279
Sub. H.B. 59 of the 130th General Assembly. The first priority of 280
these appropriation items, with the exception of specific 281
set-asides, is to fund state formula aid obligations. It may be 282
necessary to reallocate funds among these appropriation items or 283
use excess funds from other general revenue fund appropriation 284
items in the Department of Education's budget in each fiscal year, 285
in order to meet state formula aid obligations. If it is 286
determined that it is necessary to transfer funds among these 287
appropriation items or to transfer funds from other General 288
Revenue Fund appropriations in the Department of Education's 289
budget to meet state formula aid obligations, the Department of 290
Education shall seek approval from the Controlling Board to 291
transfer funds as needed.292

       The Superintendent of Public Instruction shall make payments, 293
transfers, and deductions, as authorized by Title XXXIII of the 294
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 295
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 296
amounts substantially equal to those made in the prior year, or 297
otherwise, at the discretion of the Superintendent, until at least 298
the effective date of the amendments and enactments made to Title 299
XXXIII by Am. Sub. H.B. 59 of the 130th General Assembly. If a new 300
school district, community school, or STEM school opens prior to 301
the effective date of Am. Sub. H.B. 59 of the 130th General 302
Assembly, the Department of Education shall pay to the district or 303
school an amount of $5,000 per pupil, based upon the estimated 304
number of students that the district or school is expected to 305
serve. Any funds paid to districts or schools under this section 306
shall be credited toward the annual funds calculated for the 307
district or school after the changes made to Title XXXIII in Am. 308
Sub. H.B. 59 of the 130th General Assembly are effective. Upon the 309
effective date of changes made to Title XXXIII in Am. Sub. H.B. 59 310
of the 130th General Assembly, funds shall be calculated as an 311
annual amount.312

       Section 2.  That existing Sections 263.10 and 263.230 of Am. 313
Sub. H.B. 59 of the 130th General Assembly, as amended by Am. Sub. 314
H.B. 483 of the 130th General Assembly, are hereby repealed.315

       Section 3. (A) In recognition of the need to provide all 316
English Learner (EL) students in grades kindergarten through five 317
with the instructional assistance necessary to meet the standards 318
established by the Third Grade Reading Guarantee by the end of 319
third grade and achieve grade level proficiency in reading by the 320
fifth grade, the K-5 Language and Literacy Program is hereby 321
created. The purpose of this program shall be to identify quality 322
technology-based literacy and language development software 323
programs designed specifically for K-5 EL students that can be 324
purchased by districts, schools, or education consortia with 325
Straight A funds for the purpose of improving English language 326
proficiency and reading skills in grades kindergarten through 327
five.328

       (B) The Department of Education shall issue a request for 329
proposals for technology-based English language fluency and 330
reading skills development software programs designed specifically 331
for students in grades kindergarten through five. All proposals 332
submitted to the Department under this section shall include a 333
complete breakdown of the levels and activities available under 334
each program. Each program shall also meet, at a minimum, all of 335
the following requirements:336

       (1) The program develops grade level appropriate oral and 337
written academic vocabulary that will allow the student to become 338
a proficient reader in academic content areas.339

       (2) The program incorporates listening and speaking 340
activities that assist in the development of the English language 341
fluency needed to become a proficient reader.342

       (3) The program directly teaches phonological awareness 343
skills and reading through instructional strategies that include 344
echo reading and the recording of decodable books.345

       (4) The program provides all of the following components for 346
all EL students for whom English is a second language:347

       (a) First language support within the software that utilizes 348
the student's first language as a bridge to English language 349
acquisition. This support shall cover, at a minimum, 90 per cent 350
of all students in grades kindergarten through five whose first 351
language is not English.352

       (b) Phonemic awareness instruction, which shall include both 353
new phonemes and phonemes that are shared by the student's native 354
language and the English language.355

       (5) The program is individualized, with progress through the 356
program based upon student performance in the program. Immediate 357
remediation and delayed remediation, acceleration, and 358
teacher-assigned lessons shall be available based upon on-going, 359
in-program assessments and interactive teacher reports. 360

       (6) The program is based upon current scientific research and 361
is aligned with Ohio's academic content standards and the 362
guidelines of the federal No Child Left Behind Act. The program 363
shall also include modeling, guided practice, realia and 364
inter-textual comprehension in order to prepare EL students to 365
meet the standards established by the Third Grade Reading 366
Guarantee and achieve grade level reading proficiency.367

       (C) The Department shall review all proposals received under 368
this section and shall identify quality programs within these 369
proposals. The Department shall then prepare a list of recommended 370
software providers based upon these quality programs and 371
distribute it to all school districts, schools, or education 372
consortia to select from, at their discretion, and to pay for with 373
funds allocated under Section 263.230 of Am. Sub. H.B. 59 of the 374
130th General Assembly.375

       (D) Any software provider that provides its services under 376
this section shall annually provide data on the usage and results 377
of its program by grade level, school, and district, if 378
applicable, to both the purchasing district, school, or education 379
consortia, and the Department. The Department shall make each 380
annual report available, as it is received, to the General 381
Assembly in accordance with section 101.68 of the Revised Code.382