2006 Ohio Revised Code - [3317.02.2] 3317.022.Computation and distribution of district\'s base cost funding.

[§ 3317.02.2] § 3317.022. Computation and distribution of district's base cost funding.
 

(A)  The department of education shall compute and distribute state base cost funding to each school district for the fiscal year using the information obtained under section 3317.021 [3317.02.1] of the Revised Code in the calendar year in which the fiscal year begins.        (1) Compute the following for each eligible district:
 


  
[(cost-of-doing-business factor X

  
the formula amount X

  
formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 [3317.01.2] of the Revised Code] -

  
[.023 x (the sum of recognized valuation and property exemption value)]

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

   (2) Compute both of the following for each school district:

    (a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (A)(1) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (A)(1) of this section;

    (b) The following amount:

   
[(fiscal year 2005 base cost payment/fiscal year 2005 formula

   
ADM) X current year formula ADM] minus the amount computed for the

   
district under current division (A)(1) of this section

    If one of the amounts computed under division (A)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (A)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (A)(1) of this section.

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

    (b) For each school district to which division (A)(3)(a) of this section applies, the department shall adjust the recognized valuation used in the calculation under division (A)(1) of this section by subtracting from it the amount calculated under division (A)(3)(a) of this section.
 
  (B)  As used in this section:

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

    (a) The district's category one special education ADM multiplied by the multiple specified in division (A) of section 3317.013 [3317.01.3] of the Revised Code;

    (b) The district's category two special education ADM multiplied by the multiple specified in division (B) of section 3317.013 [3317.01.3] of the Revised Code;

    (c) The district's category three special education ADM multiplied by the multiple specified in division (C) of section 3317.013 [3317.01.3] of the Revised Code;

    (d) The district's category four special education ADM multiplied by the multiple specified in division (D) of section 3317.013 [3317.01.3] of the Revised Code;

    (e) The district's category five special education ADM multiplied by the multiple specified in division (E) of section 3317.013 [3317.01.3] of the Revised Code;

    (f) The district's category six special education ADM multiplied by the multiple specified in division (F) of section 3317.013 [3317.01.3] of the Revised Code.

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

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

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

   
(Cost-of-doing-business factor X

   
the formula amount X

   
formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 [3317.01.2] of the Revised Code

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

   (3) "Related services" includes:

    (a) Child study, special education supervisors and coordinators, speech and hearing services, adaptive physical development services, occupational or physical therapy, teacher assistants for handicapped children whose handicaps are described in division (B) of section 3317.013 [3317.01.3] or division (F)(3) of section 3317.02 of the Revised Code, behavioral intervention, interpreter services, work study, nursing services, and specialized integrative services as those terms are defined by the department;

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

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

    (d) Any service included in units funded under former division (O)(1) of section 3317.023 [3317.02.3] of the Revised Code;

    (e) Any other related service needed by handicapped children in accordance with their individualized education plans.

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

    (a) The district's category one vocational education ADM multiplied by the multiple specified in division (A) of section 3317.014 [3317.01.4] of the Revised Code;

    (b) The district's category two vocational education ADM multiplied by the multiple specified in division (B) of section 3317.014 [3317.01.4] of the Revised Code.
 
  (C) (1)  The department shall compute and distribute state special education and related services additional weighted costs funds to each school district in accordance with the following formula:

  
The district's state share percentage

  
X the formula amount for the year

  
for which the aid is calculated

  
X the district's total special education weight

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

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

  
the district's total special education weight X

  
the formula amount

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

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

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

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

     (i) For a student in the school district's category two, three, four, or five special education ADM, twenty-five thousand dollars in fiscal year 2002, twenty-five thousand seven hundred dollars in fiscal years 2003, 2004, and 2005, and twenty-six thousand five hundred dollars in fiscal years 2006 and 2007;

     (ii) For a student in the district's category six special education ADM, thirty thousand dollars in fiscal year 2002, thirty thousand eight hundred forty dollars in fiscal years 2003, 2004, and 2005, and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007.

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

   (4) (a) As used in this division, the "personnel allowance" means thirty thousand dollars in fiscal years 2002, 2003, 2004, 2005, 2006, and 2007.

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

   
(formula ADM divided by 2000) X

   
the personnel allowance X the state share percentage

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

  
(cost-of-doing-business factor X

  
formula amount X the sum of categories

  
one through six special education ADM) +

  
(total special education weight X formula amount)

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

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

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

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

    (b) "Transportation base" equals total student count as defined in section 3301.011 [3301.01.1] of the Revised Code, minus the number of students enrolled in preschool handicapped units, plus the number of nonpublic school students included in transportation ADM.

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

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

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

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

  
(116.25573 X transported student percentage)

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

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



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

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

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

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

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

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

  
density multiplier

   where:

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

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

   
county rough road percentage)<maximum rough road percentage -

   
statewide rough road percentage)__

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

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

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

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

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

   
1 - [(minimum student density - district student

   
density)<minimum student density -

   
statewide student density)]

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

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

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

   (6) In addition to funds paid under divisions (D)(2) to (5) of this section, each district shall receive in accordance with rules adopted by the state board of education a payment for students transported by means other than board-owned or contractor-operated buses and whose transportation is not funded under division (G) of section 3317.024 [3317.02.4] of the Revised Code. The rules shall include provisions for school district reporting of such students.
 
  (E) (1)  The department shall compute and distribute state vocational education additional weighted costs funds to each school district in accordance with the following formula:

  
state share percentage X

  
the formula amount X

  
total vocational education weight

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

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

  
state share percentage X .05 X

  
the formula amount X the sum of categories one and two

  
vocational education ADM

   In any fiscal year, a school district receiving funds under division (E)(2) of this section, or through a transfer of funds pursuant to division (L) of section 3317.023 [3317.02.3] of the Revised Code, shall spend those funds only for the purposes that the department designates as approved for vocational education associated services expenses, which may include such purposes as apprenticeship coordinators, coordinators for other vocational education services, vocational evaluation, and other purposes designated by the department. The department may deny payment under division (E)(2) of this section to any district that the department determines is not operating those services or is using funds paid under division (E)(2) of this section, or through a transfer of funds pursuant to division (L) of section 3317.023 [3317.02.3] of the Revised Code, for other purposes.
 
  (F)  The actual local share in any fiscal year for the combination of special education and related services additional weighted costs funding calculated under division (C)(1) of this section, transportation funding calculated under divisions (D)(2) and (3) of this section, and vocational education and associated services additional weighted costs funding calculated under divisions (E)(1) and (2) of this section shall not exceed for any school district the product of three and three-tenths mills times the district's recognized valuation. The department annually shall pay each school district as an excess cost supplement any amount by which the sum of the district's attributed local shares for that funding exceeds that product. For purposes of calculating the excess cost supplement:

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

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

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

  
(1 - state share percentage) X

  
[(total vocational education weight X the formula amount) +

  
the payment under division (E)(2) of this section]
 

HISTORY: 138 v S 59 (Eff 6-30-79); 139 v H 694 (Eff 11-15-81); 140 v H 291 (Eff 7-1-83); 141 v H 238 (Eff 7-1-85); 142 v H 171 (Eff 7-1-87); 143 v H 111 (Eff 7-1-89); 143 v S 140 (Eff 10-2-89); 144 v H 298 (Eff 7-26-91); 145 v H 152 (Eff 7-1-93); 145 v H 715 (Eff 7-22-94); 146 v H 117 (Eff 6-30-95); 147 v H 215 (Eff 6-30-97); 147 v H 650 (Eff 7-1-98); 147 v H 770 (Eff 7-1-98); 148 v H 282 (Eff 6-29-99); 148 v S 245 (Eff 3-30-2000); 149 v H 94. Eff 7-1-2001; 150 v H 95, § 1, eff. 6-26-03; 151 v H 66, § 101.01, eff. 6-30-05; 151 v H 530, § 101.01, eff. 6-30-06.
 

The effective date is set by § 812.03 of 151 v H 530. 

The effective date is set by § 612.12 of 151 v H 66. 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

Analogous to former RC § 3317.02.2 (137 v S 221), repealed 138 v S 59, § 2, eff 6-30-79.

 

Effect of Amendments

151 v H 530, effective June 30, 2006, made minor stylistic changes and corrected internal references. 

151 v H 66, effective June 30, 2005, rewrote (A); in (B)(2)(b), added "+ the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code"; in (C)(3)(b), added "twenty-six thousand five hundred dollars in fiscal years 2006 and 2007" to the end of (i) and "and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007" to the end of (ii) and made related changes; and added "2006, and 2007" to the end of (C)(4)(a) and made related changes. 

H.B. 95, Acts 2003, effective June 26, 2003, in the second paragraph of (A)(1) and the second paragraph of (B)(2)(b), deleted "the greater of formula ADM or three year average" following "amount X"; rewrote (C); added the last sentence to the third paragraph of (E)(1); in (F), deleted "Beginning in fiscal year 2003" from the beginning of the first and second sentences, and inserted "and three-tenths"; and made minor stylistic changes.