Bill Text: OH SB18 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: To excuse up to five, instead of three, school calamity days for the 2010-2011 school year; to modify the manner in which schools may make up excess calamity days; to prohibit school districts from declaring it impractical to transport nonpublic or community school students solely on days scheduled by the student's school to make up calamity days; and to declare an emergency.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2011-02-23 - Committee Report - S [SB18 Detail]

Download: Ohio-2011-SB18-Comm_Sub.html

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As Reported by the Senate Education Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 18

Senator Grendell 

Cosponsors: Senators Bacon, Cates, Manning, Beagle, Stewart, Schaffer, Hite, Obhof 

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A BILL

To amend sections 3313.482, 3314.08, 3317.01,

1

3326.11, and 3327.02 and to enact section 3313.88

2

of the Revised Code to excuse up to five, instead

3

of three, school calamity days for the 2010-2011

4

school year; to modify the manner in which schools

5

may make up excess calamity days; to prohibit

6

school districts from declaring it impractical to

7

transport nonpublic or community school students

8

solely on days scheduled by the student's school

9

to make up calamity days; and to declare an

10

emergency.

11

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

Section 1. That sections 3313.482, 3314.08, 3317.01, 3326.11,	12
and 3327.02 be amended and section 3313.88 of the Revised Code be	13
enacted to read as follows:	14

Sec. 3313.482.  (A) Annually, prior to the first day of	15
September, the board of education of each city, local, and	16
exempted village school district shall adopt a resolution	17
specifying a contingency plan under which the district's students	18
will make up days on which it was necessary to close schools for	19
any of the reasons specified in division (A)(2) of section 3306.01	20
and division (B) of section 3317.01 of the Revised Code, if any	21
such days must be made up in order to comply with the requirements	22
of that section and sections 3306.01, 3313.48 and, 3313.481, and	23
3317.01 of the Revised Code. The resolutionplan shall provide in	24
the plan for making up at least five full school days. No	25
resolution adopted pursuant to this division shall conflict with	26
any collective bargaining agreement into which a board has entered	27
pursuant to Chapter 4117. of the Revised Code and that is in	28
effect in the district.	29

(B) Notwithstanding the content of the contingency plan it	30
adopts under division (A) of this section, if a school district	31
closes or evacuates any school building as a result of a bomb	32
threat or any other report of an alleged or impending explosion,	33
and if, as a result of the closing or evacuation, the school	34
district would be unable to meet the requirements of sections	35
3306.01, 3313.48, 3313.481, and 3317.01 of the Revised Code	36
regarding the number of days schools must be open for instruction	37
or the requirements of the state minimum standards for the school	38
day that are established by the department of education regarding	39
the number of hours there must be in the school day, the school	40
district may increase the length of one or more other school days	41
for the school that was closed or evacuated, in increments of	42
one-half hour, to make up the number of hours or days that the	43
school building in question was so closed or evacuated for the	44
purpose of satisfying the requirements of those sections regarding	45
the number of days schools must be open for instruction or the	46
requirements of those standards regarding the number of hours	47
there must be in the school day.	48

(C) If a school district closes or evacuates a school	49
building for any of the reasons specified in division (A)(2) of	50
section 3306.01 and division (B) of section 3317.01 of the Revised	51
Code for a number of days exceeding the number waived under those	52
divisions, the district may make up the excess days as follows:	53

(1) The district may make up not more than three of the	54
excess days in accordance with division (D) of this section.	55

(2) The district shall make up excess days not made up in	56
accordance with division (D) of this section as full school days	57
under its contingency plan, except that the district may elect the	58
option provided in division (E) of this section, if it applies.	59

(D) A school district may make up not more than three days a	60
school was closed or evacuated for any of the reasons specified in	61
division (A)(2) of section 3306.01 and division (B) of section	62
3317.01 of the Revised Code, in excess of the number waived under	63
those divisions, in the following manner:	64

(1)(a) If the school's regularly scheduled school day is	65
longer than the minimum number of hours required by law, the	66
district may count time in any of the days the school is actually	67
open for instruction in excess of the minimum school day, before	68
or after the closures or evacuations, toward making up the	69
shortage of days. To make up each day in this manner, the district	70
need aggregate only the minimum number of hours required by law	71
for the school day.	72

(b) If the school's regularly scheduled school day equals the	73
minimum number of hours required by law, the district may increase	74
the length of one or more other days for the school, in increments	75
of one-half hour, to make up the shortage of days. The district	76
may lengthen days before or after making up any days as full days	77
under its contingency plan.	78

(2) For a school operating under an alternative schedule in	79
accordance with section 3313.481 of the Revised Code, a district	80
may make up not more than fifteen hours in the manner prescribed	81
in division (D)(1) of this section.	82

(E) If a school district closes or evacuates any school	83
building for any of the reasons specified in division (A)(2) of	84
section 3306.01 and division (B) of section 3317.01 of the Revised	85
Code, and if for that school the combination of time made up under	86
division (D) of this section and the total number of full school	87
days specified in the district's contingency plan adopted under	88
division (A) of this section is insufficient to enable the school	89
district to meet the requirements of sections 3306.01, 3313.48,	90
3313.481, and 3317.01 of the Revised Code regarding the number of	91
days schools must be open for instruction or the requirements of	92
the state minimum standards for the school day that are	93
established by the department of education regarding the number of	94
hours there must be in the school day, the school district may	95
increase the length of one or more other school days for the	96
school that was closed or evacuated, in increments of one-half	97
hour, to make up the number of hours or days that the school	98
building in question was so closed or evacuated for the purpose of	99
satisfying the requirements of those sections regarding the number	100
of days schools must be open for instruction or the requirements	101
of those standards regarding the number of hours there must be in	102
the school day. The district shall not be required to actually	103
make up any of the days specified in the district's contingency	104
plan prior to increasing the length of one or more school days	105
under this division to make up the shortage of hours or days	106
caused by the school's closure or evacuation, but in no case shall	107
the district fail to make up the total number of full school days	108
specified in the contingency plan in accordance with that plan if	109
it implements the option of this division.	110

(D)(F) If a school district closes or evacuates a school	111
building as a result of a bomb threat or any other report of an	112
alleged or impending explosion and also closes or evacuates that	113
school building on a different day for any of the reasons	114
specified in division (A)(2) of section 3306.01 and division (B)	115
of section 3317.01 of the Revised Code, division (B) of this	116
section applies regarding the closing or evacuation of the school	117
building as a result of the bomb threat or report of an alleged or	118
impending explosion and divisiondivisions (C) to (E) of this	119
section appliesapply regarding the closing or evacuation of the	120
school building for the reasonreasons specified in division	121
(A)(2) of section 3306.01 and division (B) of section 3317.01 of	122
the Revised Code.	123

Notwithstanding the provisions of sections 3313.48, 3313.481,	124
and 3317.01 of the Revised Code and the requirements of the state	125
minimum standards for the school day that are established by the	126
department of education and notwithstanding the content of the	127
contingency plan it adopts under division (A) of this section	128
regarding the closing or evacuation of a school building as a	129
result of a bomb threat or any other report of an alleged or	130
impending explosion, aA school district that makes up, as	131
described in divisiondivisions (B) or (C)to (E) of this section,	132
all of the hours or days that its school buildings were closed or	133
evacuated for any of the reasons identified in division (B) or (C)	134
of this sectionthose divisions shall be deemed to have complied	135
with the requirements of those sections 3306.01, 3313.48,	136
3313.481, and 3317.01 of the Revised Code regarding the number of	137
days schools must be open for instruction and the requirements of	138
thosethe state minimum standards regarding the number of hours	139
there must be in the school day.	140

Sec. 3313.88.  (A) Prior to the first day of August of each	141
school year, the board of education of any school district or the	142
governing authority of any chartered nonpublic school may submit	143
to the department of education a plan to require students to	144
access and complete classroom lessons posted on the district's or	145
nonpublic school's web portal or web site in order to make up days	146
in that school year on which it is necessary to close schools for	147
any of the reasons specified in division (A)(2) of section 3306.01	148
and division (B) of section 3317.01 of the Revised Code in excess	149
of the number of days permitted under sections 3306.01, 3313.48,	150
3313.481, and 3317.01 of the Revised Code.	151

Prior to the first day of August of each school year, the	152
governing authority of any community school established under	153
Chapter 3314. that is not an internet- or computer-based community	154
school, as defined in section 3314.02 of the Revised Code, may	155
submit to the department a plan to require students to access and	156
complete classroom lessons posted on the school's web portal or	157
web site in order to make up days or hours in that school year on	158
which it is necessary to close the school for any of the reasons	159
specified in division (L)(4) of section 3314.08 of the Revised	160
Code so that the school is in compliance with the minimum number	161
of hours required under Chapter 3314. of the Revised Code.	162

A plan submitted by a school district board or nonpublic	163
school governing authority shall provide for making up any number	164
of days, up to a maximum of five days. A plan submitted by a	165
community school governing authority shall provide for making up	166
any number of hours, up to a maximum of the equivalent of five	167
days. Provided the plan meets all requirements of this section,	168
the department shall permit the board or governing authority to	169
implement the plan for the applicable school year.	170

(B) Each plan submitted under this section by a school	171
district board of education shall include the written consent of	172
the teachers' employee representative designated under division	173
(B) of section 4117.04 of the Revised Code.	174

(C) Each plan submitted under this section shall provide for	175
the following:	176

(1) Not later than the first day of September of the school	177
year, each classroom teacher shall develop a sufficient number of	178
lessons for each course taught by the teacher that school year to	179
cover the number of make-up days or hours specified in the plan.	180
The teacher shall designate the order in which the lessons are to	181
be posted on the district's, community school's, or nonpublic	182
school's web portal or web site in the event of a school closure.	183

(2) Based on current instructional progress, a classroom	184
teacher may update or replace one or more of the lesson plans	185
developed under division (C)(1) of this section before they are	186
posted on the web portal or web site under division (C)(3) of this	187
section.	188

(3) As soon as practicable after a school closure, a district	189
or school employee responsible for web portal or web site	190
operations shall make the designated lessons available to students	191
on the district's, community school's, or nonpublic school's	192
portal or site. A lesson shall be posted for each course that was	193
scheduled to meet on the day or hours of the closure.	194

(4) Each student enrolled in a course for which a lesson is	195
posted on the portal or site shall be granted a two-week period	196
from the date of posting to complete the lesson. The student's	197
classroom teacher shall grade the lesson in the same manner as	198
other lessons. The student may receive an incomplete or failing	199
grade if the lesson is not completed on time.	200

(5) If a student does not have access to a computer at the	201
student's residence, the student shall be permitted to work on the	202
posted lessons at school after the student's school reopens. If	203
the lessons were posted prior to the reopening, the student shall	204
be granted a two-week period from the date of the reopening,	205
rather than from the date of posting as otherwise required under	206
division (C)(4) of this section, to complete the lessons. The	207
district board or community school or nonpublic school governing	208
authority may provide the student access to a computer before,	209
during, or after the regularly scheduled school day or may provide	210
a substantially similar paper lesson in order to complete the	211
lessons.	212

(D)(1) No school district that implements a plan in	213
accordance with this section shall be considered to have failed to	214
comply with division (A)(2) of section 3306.01 or division (B) of	215
section 3317.01 of the Revised Code with respect to the number of	216
make-up days specified in the plan.	217

(2) No community school that implements a plan in accordance	218
with this section shall be considered to have failed to comply	219
with the minimum number of hours required under Chapter 3314. of	220
the Revised Code with respect to the number of make-up hours	221
specified in the plan.	222

Sec. 3314.08. The deductions under division (C) and the	223
payments under division (D) of this section for fiscal years 2010	224
and 2011 shall be made in accordance with section 3314.088 of the	225
Revised Code.	226

(A) As used in this section:

227

(1) "Base formula amount" means the amount specified as such	228
in a community school's financial plan for a school year pursuant	229
to division (A)(15) of section 3314.03 of the Revised Code.	230

(2) "IEP" has the same meaning as in section 3323.01 of the	231
Revised Code.	232

(3) "Applicable special education weight" means the multiple	233
specified in section 3317.013 of the Revised Code for a disability	234
described in that section.	235

(4) "Applicable vocational education weight" means:

236

(a) For a student enrolled in vocational education programs	237
or classes described in division (A) of section 3317.014 of the	238
Revised Code, the multiple specified in that division;	239

(b) For a student enrolled in vocational education programs	240
or classes described in division (B) of section 3317.014 of the	241
Revised Code, the multiple specified in that division.	242

(5) "Entitled to attend school" means entitled to attend	243
school in a district under section 3313.64 or 3313.65 of the	244
Revised Code.	245

(6) A community school student is "included in the poverty	246
student count" of a school district if the student is entitled to	247
attend school in the district and the student's family receives	248
assistance under the Ohio works first program.	249

(7) "Poverty-based assistance reduction factor" means the	250
percentage figure, if any, for reducing the per pupil amount of	251
poverty-based assistance a community school is entitled to receive	252
pursuant to divisions (D)(5) to (9) of this section in any year,	253
as specified in the school's financial plan for the year pursuant	254
to division (A)(15) of section 3314.03 of the Revised Code.	255

(8) "All-day kindergarten" has the same meaning as in section	256
3317.029 of the Revised Code.	257

(9) "State education aid" has the same meaning as in section	258
5751.20 of the Revised Code.	259

(B) The state board of education shall adopt rules requiring	260
both of the following:	261

(1) The board of education of each city, exempted village,	262
and local school district to annually report the number of	263
students entitled to attend school in the district who are	264
enrolled in grades one through twelve in a community school	265
established under this chapter, the number of students entitled to	266
attend school in the district who are enrolled in kindergarten in	267
a community school, the number of those kindergartners who are	268
enrolled in all-day kindergarten in their community school, and	269
for each child, the community school in which the child is	270
enrolled.	271

(2) The governing authority of each community school	272
established under this chapter to annually report all of the	273
following:	274

(a) The number of students enrolled in grades one through	275
twelve and the number of students enrolled in kindergarten in the	276
school who are not receiving special education and related	277
services pursuant to an IEP;	278

(b) The number of enrolled students in grades one through	279
twelve and the number of enrolled students in kindergarten, who	280
are receiving special education and related services pursuant to	281
an IEP;	282

(c) The number of students reported under division (B)(2)(b)	283
of this section receiving special education and related services	284
pursuant to an IEP for a disability described in each of divisions	285
(A) to (F) of section 3317.013 of the Revised Code;	286

(d) The full-time equivalent number of students reported	287
under divisions (B)(2)(a) and (b) of this section who are enrolled	288
in vocational education programs or classes described in each of	289
divisions (A) and (B) of section 3317.014 of the Revised Code that	290
are provided by the community school;	291

(e) Twenty per cent of the number of students reported under	292
divisions (B)(2)(a) and (b) of this section who are not reported	293
under division (B)(2)(d) of this section but who are enrolled in	294
vocational education programs or classes described in each of	295
divisions (A) and (B) of section 3317.014 of the Revised Code at a	296
joint vocational school district under a contract between the	297
community school and the joint vocational school district and are	298
entitled to attend school in a city, local, or exempted village	299
school district whose territory is part of the territory of the	300
joint vocational district;	301

(f) The number of enrolled preschool children with	302
disabilities receiving special education services in a	303
state-funded unit;	304

(g) The community school's base formula amount;

305

(h) For each student, the city, exempted village, or local	306
school district in which the student is entitled to attend school;	307

(i) Any poverty-based assistance reduction factor that	308
applies to a school year.	309

(C) From the state education aid calculated for a city,	310
exempted village, or local school district and, if necessary, from	311
the payment made to the district under sections 321.24 and 323.156	312
of the Revised Code, the department of education shall annually	313
subtract the sum of the amounts described in divisions (C)(1) to	314
(9) of this section. However, when deducting payments on behalf of	315
students enrolled in internet- or computer-based community	316
schools, the department shall deduct only those amounts described	317
in divisions (C)(1) and (2) of this section. Furthermore, the	318
aggregate amount deducted under this division shall not exceed the	319
sum of the district's state education aid and its payment under	320
sections 321.24 and 323.156 of the Revised Code.	321

(1) An amount equal to the sum of the amounts obtained when,	322
for each community school where the district's students are	323
enrolled, the number of the district's students reported under	324
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	325
in grades one through twelve, and one-half the number of students	326
reported under those divisions who are enrolled in kindergarten,	327
in that community school is multiplied by the sum of the base	328
formula amount of that community school plus the per pupil amount	329
of the base funding supplements specified in divisions (C)(1) to	330
(4) of section 3317.012 of the Revised Code.	331

(2) The sum of the amounts calculated under divisions	332
(C)(2)(a) and (b) of this section:	333

(a) For each of the district's students reported under	334
division (B)(2)(c) of this section as enrolled in a community	335
school in grades one through twelve and receiving special	336
education and related services pursuant to an IEP for a disability	337
described in section 3317.013 of the Revised Code, the product of	338
the applicable special education weight times the community	339
school's base formula amount;	340

(b) For each of the district's students reported under	341
division (B)(2)(c) of this section as enrolled in kindergarten in	342
a community school and receiving special education and related	343
services pursuant to an IEP for a disability described in section	344
3317.013 of the Revised Code, one-half of the amount calculated as	345
prescribed in division (C)(2)(a) of this section.	346

(3) For each of the district's students reported under	347
division (B)(2)(d) of this section for whom payment is made under	348
division (D)(4) of this section, the amount of that payment;	349

(4) An amount equal to the sum of the amounts obtained when,	350
for each community school where the district's students are	351
enrolled, the number of the district's students enrolled in that	352
community school who are included in the district's poverty	353
student count is multiplied by the per pupil amount of	354
poverty-based assistance the school district receives that year	355
pursuant to division (C) of section 3317.029 of the Revised Code,	356
as adjusted by any poverty-based assistance reduction factor of	357
that community school. The per pupil amount of that aid for the	358
district shall be calculated by the department.	359

(5) An amount equal to the sum of the amounts obtained when,	360
for each community school where the district's students are	361
enrolled, the district's per pupil amount of aid received under	362
division (E) of section 3317.029 of the Revised Code, as adjusted	363
by any poverty-based assistance reduction factor of the community	364
school, is multiplied by the sum of the following:	365

(a) The number of the district's students reported under	366
division (B)(2)(a) of this section who are enrolled in grades one	367
to three in that community school and who are not receiving	368
special education and related services pursuant to an IEP;	369

(b) One-half of the district's students who are enrolled in	370
all-day or any other kindergarten class in that community school	371
and who are not receiving special education and related services	372
pursuant to an IEP;	373

(c) One-half of the district's students who are enrolled in	374
all-day kindergarten in that community school and who are not	375
receiving special education and related services pursuant to an	376
IEP.	377

The district's per pupil amount of aid under division (E) of	378
section 3317.029 of the Revised Code is the quotient of the amount	379
the district received under that division divided by the	380
district's kindergarten through third grade ADM, as defined in	381
that section.	382

(6) An amount equal to the sum of the amounts obtained when,	383
for each community school where the district's students are	384
enrolled, the district's per pupil amount received under division	385
(F) of section 3317.029 of the Revised Code, as adjusted by any	386
poverty-based assistance reduction factor of that community	387
school, is multiplied by the number of the district's students	388
enrolled in the community school who are identified as	389
limited-English proficient.	390

(7) An amount equal to the sum of the amounts obtained when,	391
for each community school where the district's students are	392
enrolled, the district's per pupil amount received under division	393
(G) of section 3317.029 of the Revised Code, as adjusted by any	394
poverty-based assistance reduction factor of that community	395
school, is multiplied by the sum of the following:	396

(a) The number of the district's students enrolled in grades	397
one through twelve in that community school;	398

(b) One-half of the number of the district's students	399
enrolled in kindergarten in that community school.	400

The district's per pupil amount under division (G) of section	401
3317.029 of the Revised Code is the district's amount per teacher	402
calculated under division (G)(1) or (2) of that section divided by	403
17.	404

(8) An amount equal to the sum of the amounts obtained when,	405
for each community school where the district's students are	406
enrolled, the district's per pupil amount received under divisions	407
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	408
by any poverty-based assistance reduction factor of that community	409
school, is multiplied by the sum of the following:	410

(a) The number of the district's students enrolled in grades	411
one through twelve in that community school;	412

(b) One-half of the number of the district's students	413
enrolled in kindergarten in that community school.	414

The district's per pupil amount under divisions (H) and (I)	415
of section 3317.029 of the Revised Code is the amount calculated	416
under each division divided by the district's formula ADM, as	417
defined in section 3317.02 of the Revised Code.	418

(9) An amount equal to the per pupil state parity aid funding	419
calculated for the school district under either division (C) or	420
(D) of section 3317.0217 of the Revised Code multiplied by the sum	421
of the number of students in grades one through twelve, and	422
one-half of the number of students in kindergarten, who are	423
entitled to attend school in the district and are enrolled in a	424
community school as reported under division (B)(1) of this	425
section.	426

(D) The department shall annually pay to a community school	427
established under this chapter the sum of the amounts described in	428
divisions (D)(1) to (10) of this section. However, the department	429
shall calculate and pay to each internet- or computer-based	430
community school only the amounts described in divisions (D)(1) to	431
(3) of this section. Furthermore, the sum of the payments to all	432
community schools under divisions (D)(1), (2), and (4) to (10) of	433
this section for the students entitled to attend school in any	434
particular school district shall not exceed the sum of that	435
district's state education aid and its payment under sections	436
321.24 and 323.156 of the Revised Code. If the sum of the payments	437
calculated under those divisions for the students entitled to	438
attend school in a particular school district exceeds the sum of	439
that district's state education aid and its payment under sections	440
321.24 and 323.156 of the Revised Code, the department shall	441
calculate and apply a proration factor to the payments to all	442
community schools under those divisions for the students entitled	443
to attend school in that district.	444

(1) Subject to section 3314.085 of the Revised Code, an	445
amount equal to the sum of the amounts obtained when the number of	446
students enrolled in grades one through twelve, plus one-half of	447
the kindergarten students in the school, reported under divisions	448
(B)(2)(a), (b), and (e) of this section who are not receiving	449
special education and related services pursuant to an IEP for a	450
disability described in section 3317.013 of the Revised Code is	451
multiplied by the sum of the community school's base formula	452
amount plus the per pupil amount of the base funding supplements	453
specified in divisions (C)(1) to (4) of section 3317.012 of the	454
Revised Code.	455

(2) Prior to fiscal year 2007, the greater of the amount	456
calculated under division (D)(2)(a) or (b) of this section, and in	457
fiscal year 2007 and thereafter, the amount calculated under	458
division (D)(2)(b) of this section:	459

(a) The aggregate amount that the department paid to the	460
community school in fiscal year 1999 for students receiving	461
special education and related services pursuant to IEPs, excluding	462
federal funds and state disadvantaged pupil impact aid funds;	463

(b) The sum of the amounts calculated under divisions	464
(D)(2)(b)(i) and (ii) of this section:	465

(i) For each student reported under division (B)(2)(c) of	466
this section as enrolled in the school in grades one through	467
twelve and receiving special education and related services	468
pursuant to an IEP for a disability described in section 3317.013	469
of the Revised Code, the following amount:	470

(the school's base formula amount plus	471

the per pupil amount of the base funding supplements specified in	472

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	473

+ (the applicable special education weight X the	474

community school's base formula amount);	475

(ii) For each student reported under division (B)(2)(c) of	476
this section as enrolled in kindergarten and receiving special	477
education and related services pursuant to an IEP for a disability	478
described in section 3317.013 of the Revised Code, one-half of the	479
amount calculated under the formula prescribed in division	480
(D)(2)(b)(i) of this section.	481

(3) An amount received from federal funds to provide special	482
education and related services to students in the community	483
school, as determined by the superintendent of public instruction.	484

(4) For each student reported under division (B)(2)(d) of	485
this section as enrolled in vocational education programs or	486
classes that are described in section 3317.014 of the Revised	487
Code, are provided by the community school, and are comparable as	488
determined by the superintendent of public instruction to school	489
district vocational education programs and classes eligible for	490
state weighted funding under section 3317.014 of the Revised Code,	491
an amount equal to the applicable vocational education weight	492
times the community school's base formula amount times the	493
percentage of time the student spends in the vocational education	494
programs or classes.	495

(5) An amount equal to the sum of the amounts obtained when,	496
for each school district where the community school's students are	497
entitled to attend school, the number of that district's students	498
enrolled in the community school who are included in the	499
district's poverty student count is multiplied by the per pupil	500
amount of poverty-based assistance that school district receives	501
that year pursuant to division (C) of section 3317.029 of the	502
Revised Code, as adjusted by any poverty-based assistance	503
reduction factor of the community school. The per pupil amount of	504
aid shall be determined as described in division (C)(4) of this	505
section.	506

(6) An amount equal to the sum of the amounts obtained when,	507
for each school district where the community school's students are	508
entitled to attend school, the district's per pupil amount of aid	509
received under division (E) of section 3317.029 of the Revised	510
Code, as adjusted by any poverty-based assistance reduction factor	511
of the community school, is multiplied by the sum of the	512
following:	513

(a) The number of the district's students reported under	514
division (B)(2)(a) of this section who are enrolled in grades one	515
to three in that community school and who are not receiving	516
special education and related services pursuant to an IEP;	517

(b) One-half of the district's students who are enrolled in	518
all-day or any other kindergarten class in that community school	519
and who are not receiving special education and related services	520
pursuant to an IEP;	521

(c) One-half of the district's students who are enrolled in	522
all-day kindergarten in that community school and who are not	523
receiving special education and related services pursuant to an	524
IEP.	525

The district's per pupil amount of aid under division (E) of	526
section 3317.029 of the Revised Code shall be determined as	527
described in division (C)(5) of this section.	528

(7) An amount equal to the sum of the amounts obtained when,	529
for each school district where the community school's students are	530
entitled to attend school, the number of that district's students	531
enrolled in the community school who are identified as	532
limited-English proficient is multiplied by the district's per	533
pupil amount received under division (F) of section 3317.029 of	534
the Revised Code, as adjusted by any poverty-based assistance	535
reduction factor of the community school.	536

(8) An amount equal to the sum of the amounts obtained when,	537
for each school district where the community school's students are	538
entitled to attend school, the district's per pupil amount	539
received under division (G) of section 3317.029 of the Revised	540
Code, as adjusted by any poverty-based assistance reduction factor	541
of the community school, is multiplied by the sum of the	542
following:	543

(a) The number of the district's students enrolled in grades	544
one through twelve in that community school;	545

(b) One-half of the number of the district's students	546
enrolled in kindergarten in that community school.	547

The district's per pupil amount under division (G) of section	548
3317.029 of the Revised Code shall be determined as described in	549
division (C)(7) of this section.	550

(9) An amount equal to the sum of the amounts obtained when,	551
for each school district where the community school's students are	552
entitled to attend school, the district's per pupil amount	553
received under divisions (H) and (I) of section 3317.029 of the	554
Revised Code, as adjusted by any poverty-based assistance	555
reduction factor of the community school, is multiplied by the sum	556
of the following:	557

(a) The number of the district's students enrolled in grades	558
one through twelve in that community school;	559

(b) One-half of the number of the district's students	560
enrolled in kindergarten in that community school.	561

The district's per pupil amount under divisions (H) and (I)	562
of section 3317.029 of the Revised Code shall be determined as	563
described in division (C)(8) of this section.	564

(10) An amount equal to the sum of the amounts obtained when,	565
for each school district where the community school's students are	566
entitled to attend school, the district's per pupil amount of	567
state parity aid funding calculated under either division (C) or	568
(D) of section 3317.0217 of the Revised Code is multiplied by the	569
sum of the number of that district's students enrolled in grades	570
one through twelve, and one-half of the number of that district's	571
students enrolled in kindergarten, in the community school as	572
reported under division (B)(2)(a) and (b) of this section.	573

(E)(1) If a community school's costs for a fiscal year for a	574
student receiving special education and related services pursuant	575
to an IEP for a disability described in divisions (B) to (F) of	576
section 3317.013 of the Revised Code exceed the threshold	577
catastrophic cost for serving the student as specified in division	578
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	579
submit to the superintendent of public instruction documentation,	580
as prescribed by the superintendent, of all its costs for that	581
student. Upon submission of documentation for a student of the	582
type and in the manner prescribed, the department shall pay to the	583
community school an amount equal to the school's costs for the	584
student in excess of the threshold catastrophic costs.	585

(2) The community school shall only report under division	586
(E)(1) of this section, and the department shall only pay for, the	587
costs of educational expenses and the related services provided to	588
the student in accordance with the student's individualized	589
education program. Any legal fees, court costs, or other costs	590
associated with any cause of action relating to the student may	591
not be included in the amount.	592

(F) A community school may apply to the department of	593
education for preschool children with disabilities or gifted unit	594
funding the school would receive if it were a school district.	595
Upon request of its governing authority, a community school that	596
received unit funding as a school district-operated school before	597
it became a community school shall retain any units awarded to it	598
as a school district-operated school provided the school continues	599
to meet eligibility standards for the unit.	600

A community school shall be considered a school district and	601
its governing authority shall be considered a board of education	602
for the purpose of applying to any state or federal agency for	603
grants that a school district may receive under federal or state	604
law or any appropriations act of the general assembly. The	605
governing authority of a community school may apply to any private	606
entity for additional funds.	607

(G) A board of education sponsoring a community school may	608
utilize local funds to make enhancement grants to the school or	609
may agree, either as part of the contract or separately, to	610
provide any specific services to the community school at no cost	611
to the school.	612

(H) A community school may not levy taxes or issue bonds	613
secured by tax revenues.	614

(I) No community school shall charge tuition for the	615
enrollment of any student.	616

(J)(1)(a) A community school may borrow money to pay any	617
necessary and actual expenses of the school in anticipation of the	618
receipt of any portion of the payments to be received by the	619
school pursuant to division (D) of this section. The school may	620
issue notes to evidence such borrowing. The proceeds of the notes	621
shall be used only for the purposes for which the anticipated	622
receipts may be lawfully expended by the school.	623

(b) A school may also borrow money for a term not to exceed	624
fifteen years for the purpose of acquiring facilities.	625

(2) Except for any amount guaranteed under section 3318.50 of	626
the Revised Code, the state is not liable for debt incurred by the	627
governing authority of a community school.	628

(K) For purposes of determining the number of students for	629
which divisions (D)(5) and (6) of this section applies in any	630
school year, a community school may submit to the department of	631
job and family services, no later than the first day of March, a	632
list of the students enrolled in the school. For each student on	633
the list, the community school shall indicate the student's name,	634
address, and date of birth and the school district where the	635
student is entitled to attend school. Upon receipt of a list under	636
this division, the department of job and family services shall	637
determine, for each school district where one or more students on	638
the list is entitled to attend school, the number of students	639
residing in that school district who were included in the	640
department's report under section 3317.10 of the Revised Code. The	641
department shall make this determination on the basis of	642
information readily available to it. Upon making this	643
determination and no later than ninety days after submission of	644
the list by the community school, the department shall report to	645
the state department of education the number of students on the	646
list who reside in each school district who were included in the	647
department's report under section 3317.10 of the Revised Code. In	648
complying with this division, the department of job and family	649
services shall not report to the state department of education any	650
personally identifiable information on any student.	651

(L) The department of education shall adjust the amounts	652
subtracted and paid under divisions (C) and (D) of this section to	653
reflect any enrollment of students in community schools for less	654
than the equivalent of a full school year. The state board of	655
education within ninety days after April 8, 2003, shall adopt in	656
accordance with Chapter 119. of the Revised Code rules governing	657
the payments to community schools under this section and section	658
3314.13 of the Revised Code including initial payments in a school	659
year and adjustments and reductions made in subsequent periodic	660
payments to community schools and corresponding deductions from	661
school district accounts as provided under divisions (C) and (D)	662
of this section and section 3314.13 of the Revised Code. For	663
purposes of this section and section 3314.13 of the Revised Code:	664

(1) A student shall be considered enrolled in the community	665
school for any portion of the school year the student is	666
participating at a college under Chapter 3365. of the Revised	667
Code.	668

(2) A student shall be considered to be enrolled in a	669
community school during a school year for the period of time	670
beginning on the later of the date on which the school both has	671
received documentation of the student's enrollment from a parent	672
and the student has commenced participation in learning	673
opportunities as defined in the contract with the sponsor, or	674
thirty days prior to the date on which the student is entered into	675
the education management information system established under	676
section 3301.0714 of the Revised Code. For purposes of applying	677
this division and divisiondivisions (L)(3) and (4) of this	678
section to a community school student, "learning opportunities"	679
shall be defined in the contract, which shall describe both	680
classroom-based and non-classroom-based learning opportunities and	681
shall be in compliance with criteria and documentation	682
requirements for student participation which shall be established	683
by the department. Any student's instruction time in	684
non-classroom-based learning opportunities shall be certified by	685
an employee of the community school. A student's enrollment shall	686
be considered to cease on the date on which any of the following	687
occur:	688

(a) The community school receives documentation from a parent	689
terminating enrollment of the student.	690

(b) The community school is provided documentation of a	691
student's enrollment in another public or private school.	692

(c) The community school ceases to offer learning	693
opportunities to the student pursuant to the terms of the contract	694
with the sponsor or the operation of any provision of this	695
chapter.	696

(3) The department shall determine each community school	697
student's percentage of full-time equivalency based on the	698
percentage of learning opportunities offered by the community	699
school to that student, reported either as number of hours or	700
number of days, is of the total learning opportunities offered by	701
the community school to a student who attends for the school's	702
entire school year. However, no internet- or computer-based	703
community school shall be credited for any time a student spends	704
participating in learning opportunities beyond ten hours within	705
any period of twenty-four consecutive hours. Whether it reports	706
hours or days of learning opportunities, each community school	707
shall offer not less than nine hundred twenty hours of learning	708
opportunities during the school year.	709

(4) With respect to the calculation of full-time equivalency	710
under division (L)(3) of this section, the department shall waive	711
the number of hours or days of learning opportunities not offered	712
to a student because the community school was closed during the	713
school year due to disease epidemic, hazardous weather conditions,	714
inoperability of school buses or other equipment necessary to the	715
school's operation, damage to a school building, or other	716
temporary circumstances due to utility failure rendering the	717
school building unfit for school use, so long as the school was	718
actually open for instruction with students in attendance during	719
that school year for not less than the minimum number of hours	720
required by this chapter. The department shall treat the school as	721
if it were open for instruction with students in attendance during	722
the hours or days waived under this division.	723

(M) The department of education shall reduce the amounts paid	724
under division (D) of this section to reflect payments made to	725
colleges under division (B) of section 3365.07 of the Revised Code	726
or through alternative funding agreements entered into under rules	727
adopted under section 3365.12 of the Revised Code.	728

(N)(1) No student shall be considered enrolled in any	729
internet- or computer-based community school or, if applicable to	730
the student, in any community school that is required to provide	731
the student with a computer pursuant to division (C) of section	732
3314.22 of the Revised Code, unless both of the following	733
conditions are satisfied:	734

(a) The student possesses or has been provided with all	735
required hardware and software materials and all such materials	736
are operational so that the student is capable of fully	737
participating in the learning opportunities specified in the	738
contract between the school and the school's sponsor as required	739
by division (A)(23) of section 3314.03 of the Revised Code;	740

(b) The school is in compliance with division (A) of section	741
3314.22 of the Revised Code, relative to such student.	742

(2) In accordance with policies adopted jointly by the	743
superintendent of public instruction and the auditor of state, the	744
department shall reduce the amounts otherwise payable under	745
division (D) of this section to any community school that includes	746
in its program the provision of computer hardware and software	747
materials to any student, if such hardware and software materials	748
have not been delivered, installed, and activated for each such	749
student in a timely manner or other educational materials or	750
services have not been provided according to the contract between	751
the individual community school and its sponsor.	752

The superintendent of public instruction and the auditor of	753
state shall jointly establish a method for auditing any community	754
school to which this division pertains to ensure compliance with	755
this section.	756

The superintendent, auditor of state, and the governor shall	757
jointly make recommendations to the general assembly for	758
legislative changes that may be required to assure fiscal and	759
academic accountability for such schools.	760

(O)(1) If the department determines that a review of a	761
community school's enrollment is necessary, such review shall be	762
completed and written notice of the findings shall be provided to	763
the governing authority of the community school and its sponsor	764
within ninety days of the end of the community school's fiscal	765
year, unless extended for a period not to exceed thirty additional	766
days for one of the following reasons:	767

(a) The department and the community school mutually agree to	768
the extension.	769

(b) Delays in data submission caused by either a community	770
school or its sponsor.	771

(2) If the review results in a finding that additional	772
funding is owed to the school, such payment shall be made within	773
thirty days of the written notice. If the review results in a	774
finding that the community school owes moneys to the state, the	775
following procedure shall apply:	776

(a) Within ten business days of the receipt of the notice of	777
findings, the community school may appeal the department's	778
determination to the state board of education or its designee.	779

(b) The board or its designee shall conduct an informal	780
hearing on the matter within thirty days of receipt of such an	781
appeal and shall issue a decision within fifteen days of the	782
conclusion of the hearing.	783

(c) If the board has enlisted a designee to conduct the	784
hearing, the designee shall certify its decision to the board. The	785
board may accept the decision of the designee or may reject the	786
decision of the designee and issue its own decision on the matter.	787

(d) Any decision made by the board under this division is	788
final.	789

(3) If it is decided that the community school owes moneys to	790
the state, the department shall deduct such amount from the	791
school's future payments in accordance with guidelines issued by	792
the superintendent of public instruction.	793

(P) The department shall not subtract from a school	794
district's state aid account under division (C) of this section	795
and shall not pay to a community school under division (D) of this	796
section any amount for any of the following:	797

(1) Any student who has graduated from the twelfth grade of a	798
public or nonpublic high school;	799

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

800

(3) Any student who was enrolled in the community school	801
during the previous school year when assessments were administered	802
under section 3301.0711 of the Revised Code but did not take one	803
or more of the assessments required by that section and was not	804
excused pursuant to division (C)(1) or (3) of that section, unless	805
the superintendent of public instruction grants the student a	806
waiver from the requirement to take the assessment and a parent is	807
not paying tuition for the student pursuant to section 3314.26 of	808
the Revised Code. The superintendent may grant a waiver only for	809
good cause in accordance with rules adopted by the state board of	810
education.	811

(4) Any student who has attained the age of twenty-two years,	812
except for veterans of the armed services whose attendance was	813
interrupted before completing the recognized twelve-year course of	814
the public schools by reason of induction or enlistment in the	815
armed forces and who apply for enrollment in a community school	816
not later than four years after termination of war or their	817
honorable discharge. If, however, any such veteran elects to	818
enroll in special courses organized for veterans for whom tuition	819
is paid under federal law, or otherwise, the department shall not	820
subtract from a school district's state aid account under division	821
(C) of this section and shall not pay to a community school under	822
division (D) of this section any amount for that veteran.	823

Sec. 3317.01.  As used in this section and section 3317.011	824
of the Revised Code, "school district," unless otherwise	825
specified, means any city, local, exempted village, joint	826
vocational, or cooperative education school district and any	827
educational service center.	828

This chapter shall be administered by the state board of	829
education. The superintendent of public instruction shall	830
calculate the amounts payable to each school district and shall	831
certify the amounts payable to each eligible district to the	832
treasurer of the district as provided by this chapter. As soon as	833
possible after such amounts are calculated, the superintendent	834
shall certify to the treasurer of each school district the	835
district's adjusted charge-off increase, as defined in section	836
5705.211 of the Revised Code. No moneys shall be distributed	837
pursuant to this chapter without the approval of the controlling	838
board.	839

The state board of education shall, in accordance with	840
appropriations made by the general assembly, meet the financial	841
obligations of this chapter.	842

Moneys distributed pursuant to this chapter shall be	843
calculated and paid on a fiscal year basis, beginning with the	844
first day of July and extending through the thirtieth day of June.	845
The moneys appropriated for each fiscal year shall be distributed	846
periodically to each school district unless otherwise provided	847
for. The state board shall submit a yearly distribution plan to	848
the controlling board at its first meeting in July. The state	849
board shall submit any proposed midyear revision of the plan to	850
the controlling board in January. Any year-end revision of the	851
plan shall be submitted to the controlling board in June. If	852
moneys appropriated for each fiscal year are distributed other	853
than monthly, such distribution shall be on the same basis for	854
each school district.	855

Except as otherwise provided, payments under this chapter	856
shall be made only to those school districts in which:	857

(A) The school district, except for any educational service	858
center and any joint vocational or cooperative education school	859
district, levies for current operating expenses at least twenty	860
mills. Levies for joint vocational or cooperative education school	861
districts or county school financing districts, limited to or to	862
the extent apportioned to current expenses, shall be included in	863
this qualification requirement. School district income tax levies	864
under Chapter 5748. of the Revised Code, limited to or to the	865
extent apportioned to current operating expenses, shall be	866
included in this qualification requirement to the extent	867
determined by the tax commissioner under division (D) of section	868
3317.021 of the Revised Code.	869

(B) The school year next preceding the fiscal year for which	870
such payments are authorized meets the requirement of section	871
3313.48 or 3313.481 of the Revised Code, with regard to the	872
minimum number of days or hours school must be open for	873
instruction with pupils in attendance, for individualized	874
parent-teacher conference and reporting periods, and for	875
professional meetings of teachers. This requirement shall be	876
waived by the superintendent of public instruction if it had been	877
necessary for a school to be closed because of disease epidemic,	878
hazardous weather conditions, inoperability of school buses or	879
other equipment necessary to the school's operation, damage to a	880
school building, or other temporary circumstances due to utility	881
failure rendering the school building unfit for school use,	882
provided that for those school districts operating pursuant to	883
section 3313.48 of the Revised Code the number of days the school	884
was actually open for instruction with pupils in attendance and	885
for individualized parent-teacher conference and reporting periods	886
is not less than one hundred seventy-five, or for those school	887
districts operating on a trimester plan the number of days the	888
school was actually open for instruction with pupils in attendance	889
not less than seventy-nine days in any trimester, for those school	890
districts operating on a quarterly plan the number of days the	891
school was actually open for instruction with pupils in attendance	892
not less than fifty-nine days in any quarter, or for those school	893
districts operating on a pentamester plan the number of days the	894
school was actually open for instruction with pupils in attendance	895
not less than forty-four days in any pentamester. However, for	896
fiscal year 2012, the superintendent shall waive two fewer such	897
days for the 2010-2011 school year.	898

A school district shall not be considered to have failed to	899
comply with this division or section 3313.481 of the Revised Code	900
because schools were open for instruction but either twelfth grade	901
students were excused from attendance for up to three days or only	902
a portion of the kindergarten students were in attendance for up	903
to three days in order to allow for the gradual orientation to	904
school of such students.	905

The superintendent of public instruction shall waive the	906
requirements of this section with reference to the minimum number	907
of days or hours school must be in session with pupils in	908
attendance for the school year succeeding the school year in which	909
a board of education initiates a plan of operation pursuant to	910
section 3313.481 of the Revised Code. The minimum requirements of	911
this section shall again be applicable to such a district	912
beginning with the school year commencing the second July	913
succeeding the initiation of one such plan, and for each school	914
year thereafter.	915

A school district shall not be considered to have failed to	916
comply with this division or section 3313.48 or 3313.481 of the	917
Revised Code because schools were open for instruction but the	918
length of the regularly scheduled school day, for any number of	919
days during the school year, was reduced by not more than two	920
hours due to hazardous weather conditions.	921

(C) The school district has on file, and is paying in	922
accordance with, a teachers' salary schedule which complies with	923
section 3317.13 of the Revised Code.	924

A board of education or governing board of an educational	925
service center which has not conformed with other law and the	926
rules pursuant thereto, shall not participate in the distribution	927
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	928
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	929
and sufficient reason established to the satisfaction of the state	930
board of education and the state controlling board.	931

All funds allocated to school districts under this chapter,	932
except those specifically allocated for other purposes, shall be	933
used to pay current operating expenses only.	934

Sec. 3326.11. Each science, technology, engineering, and	935
mathematics school established under this chapter and its	936
governing body shall comply with sections 9.90, 9.91, 109.65,	937
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	938
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	939
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	940
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	941
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	942
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	943
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	944
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	945
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	946
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	947
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	948
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	949
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	950
4123., 4141., and 4167. of the Revised Code as if it were a school	951
district.	952

Sec. 3327.02.  (A) After(1) Except as provided in division	953
(A)(2) of this section, after considering each of the following	954
factors, the board of education of a city, exempted village, or	955
local school district may determine that it is impractical to	956
transport a pupil who is eligible for transportation to and from a	957
school under section 3327.01 of the Revised Code:	958

(1)(a) The time and distance required to provide the	959
transportation;	960

(2)(b) The number of pupils to be transported;

961

(3)(c) The cost of providing transportation in terms of	962
equipment, maintenance, personnel, and administration;	963

(4)(d) Whether similar or equivalent service is provided to	964
other pupils eligible for transportation;	965

(5)(e) Whether and to what extent the additional service	966
unavoidably disrupts current transportation schedules;	967

(6)(f) Whether other reimbursable types of transportation are	968
available.	969

(2) The board shall not determine that it is impractical to	970
transport a pupil to a nonpublic or community school solely for	971
those days that the nonpublic or community school is open for	972
instruction to make up days or hours in which the school was	973
closed for any of the reasons specified in division (A)(2) of	974
section 3306.01 and division (B) of section 3317.01 of the Revised	975
Code, regardless of whether those days were on the school's	976
calendar at the beginning of the school year.	977

(B)(1) Based on its consideration of the factors established	978
in division (A)(1) of this section, the board may pass a	979
resolution declaring the impracticality of transportation. The	980
resolution shall include each pupil's name and the reason for	981
impracticality.	982

(2) The board shall report its determination to the state	983
board of education in a manner determined by the state board.	984

(3) The board of education of a local school district	985
additionally shall submit the resolution for concurrence to the	986
educational service center that contains the local district's	987
territory. If the educational service center governing board	988
considers transportation by school conveyance practicable, it	989
shall so inform the local board and transportation shall be	990
provided by such local board. If the educational service center	991
board agrees with the view of the local board, the local board may	992
offer payment in lieu of transportation as provided in this	993
section.	994

(C) After passing the resolution declaring the impracticality	995
of transportation, the district board shall offer to provide	996
payment in lieu of transportation by doing the following:	997

(1) In accordance with guidelines established by the	998
department of education, informing the pupil's parent, guardian,	999
or other person in charge of the pupil of both of the following:	1000

(a) The board's resolution;

1001

(b) The right of the pupil's parent, guardian, or other	1002
person in charge of the pupil to accept the offer of payment in	1003
lieu of transportation or to reject the offer and instead request	1004
the department to initiate mediation procedures.	1005

(2) Issuing the pupil's parent, guardian, or other person in	1006
charge of the pupil a contract or other form on which the parent,	1007
guardian, or other person in charge of the pupil is given the	1008
option to accept or reject the board's offer of payment in lieu of	1009
transportation.	1010

(D) If the parent, guardian, or other person in charge of the	1011
pupil accepts the offer of payment in lieu of providing	1012
transportation, the board shall pay the parent, guardian, or other	1013
person in charge of the child an amount that shall be not less	1014
than the amount determined by the department of education as the	1015
minimum for payment in lieu of transportation, and not more than	1016
the amount determined by the department as the average cost of	1017
pupil transportation for the previous school year. Payment may be	1018
prorated if the time period involved is only a part of the school	1019
year.	1020

(E)(1)(a) Upon the request of a parent, guardian, or other	1021
person in charge of the pupil who rejected the payment in lieu of	1022
transportation, the department shall conduct mediation procedures.	1023

(b) If the mediation does not resolve the dispute, the state	1024
board of education shall conduct a hearing in accordance with	1025
Chapter 119. of the Revised Code. The state board may approve the	1026
payment in lieu of transportation or may order the board of	1027
education to provide transportation. The decision of the state	1028
board is binding in subsequent years and on future parties in	1029
interest provided the facts of the determination remain	1030
comparable.	1031

(2) The school district shall provide transportation for the	1032
pupil from the time the parent, guardian, or other person in	1033
charge of the pupil requests mediation until the matter is	1034
resolved under division (E)(1)(a) or (b) of this section.	1035

(F)(1) If the department determines that a school district	1036
board has failed or is failing to provide transportation as	1037
required by division (E)(2) of this section or as ordered by the	1038
state board under division (E)(1)(b) of this section, the	1039
department shall order the school district board to pay to the	1040
pupil's parent, guardian, or other person in charge of the pupil,	1041
an amount equal to the state average daily cost of transportation	1042
as determined by the state board of education for the previous	1043
year. The school district board shall make payments on a schedule	1044
ordered by the department.	1045

(2) If the department subsequently finds that a school	1046
district board is not in compliance with an order issued under	1047
division (F)(1) of this section and the affected pupils are	1048
enrolled in a nonpublic or community school, the department shall	1049
deduct the amount that the board is required to pay under that	1050
order from any payments the department makes to the school	1051
district board under section 3306.12 of the Revised Code. The	1052
department shall use the moneys so deducted to make payments to	1053
the nonpublic or community school attended by the pupil. The	1054
department shall continue to make the deductions and payments	1055
required under this division until the school district board	1056
either complies with the department's order issued under division	1057
(F)(1) of this section or begins providing transportation.	1058

(G) A nonpublic or community school that receives payments	1059
from the department under division (F)(2) of this section shall do	1060
either of the following:	1061

(1) Disburse the entire amount of the payments to the parent,	1062
guardian, or other person in control of the pupil affected by the	1063
failure of the school district of residence to provide	1064
transportation;	1065

(2) Use the entire amount of the payments to provide	1066
acceptable transportation for the affected pupil.	1067

Section 2. That existing sections 3313.482, 3314.08, 3317.01,	1068
3326.11, and 3327.02 of the Revised Code are hereby repealed.	1069

Section 3. The amendment of section 3326.11 of the Revised	1070
Code by this act is not intended to accelerate the effective date	1071
of the amendments inserting "3313.814, 3313.816, 3313.817," by	1072
Sub. S.B. 210 of the 128th General Assembly, effective July 1,	1073
2011.	1074

Section 4. This act is hereby declared to be an emergency	1075
measure necessary for the immediate preservation of the public	1076
peace, health, and safety. The reason for such necessity is to	1077
provide schools with adequate time to address unavoidable school	1078
closures due to public calamities, such as hazardous weather	1079
conditions, during the current school year. Therefore, this act	1080
shall go into immediate effect.	1081