2006 Ohio Revised Code - 3365.07. Calculation of average daily membership; payments to colleges.

§ 3365.07. Calculation of average daily membership; payments to colleges.
 

(A)  The rules adopted under section 3365.02 of the Revised Code shall specify a method for each of the following: 

(1) Determining, with respect to any participant, the percentage of a full-time educational program constituted by the participant's total educational program. That percentage shall be the participant's full-time equivalency percentage for purposes of the computation required by division (B)(1) of this section. 

(2) In the case of a participant who is not enrolled in a participating nonpublic school, determining the percentage of a participant's school day during which the participant is participating in each of the following: 

(a) Programs provided by the city, local, or exempted village school district, or a community school; 

(b) Programs provided by a joint vocational school district; 

(c) Programs provided by a college under division (B) of section 3365.04 of the Revised Code. 

The sum of divisions (A)(2)(a) to (c) of this section shall equal one hundred per cent. 

(3) In the case of a participant who is not enrolled in a participating nonpublic school, determining the percentage of a participant's enrollment that shall be deemed to be enrollment in a joint vocational school district and the percentage that shall be deemed to be enrollment in a city, local, or exempted village school district. The sum of such percentages shall equal one hundred per cent. 

(4) In the case of a participant who is enrolled in a participating nonpublic school, determining the percentage of a participant's school day during which the participant is participating in programs provided by a college under division (B) of section 3365.04 of the Revised Code. 

(B)  Each July, the department of education shall pay each college for any participant enrolled in the college in the prior school year under division (B) of section 3365.04 of the Revised Code an amount computed as follows: 

(1) Multiply the tuition base by the participant's full-time equivalency percentage and multiply the resulting amount by a percentage equal to the percentage of the participant's school day apportioned to the college under division (A)(2)(c) or (4) of this section, as applicable. 

(2) Pay the college the lesser of: 

(a) The amount computed under division (B)(1) of this section; 

(b) The actual costs that would have been the responsibility of the participant had the participant elected to enroll under division (A) of section 3365.04 of the Revised Code, as verified by the department, of tuition, textbooks, materials, and fees directly related to any courses elected by the participant during the prior school year under division (B) of section 3365.04 of the Revised Code. 

(C)  The department shall not reimburse any college for any course taken by a participant under division (A) of section 3365.04 of the Revised Code. 

(D)  If the participant was not enrolled in a participating nonpublic school, the amount paid under division (B) of this section for each participant shall be subtracted from the school foundation payments made to the participant's school district or, if the participant was enrolled in a community school, from the community school payments made to the participant's school under section 3314.08 of the Revised Code. If the participant was enrolled in a joint vocational school district, a portion of the amount shall be subtracted from the payments to the joint vocational school district and a portion shall be subtracted from the payments to the participant's city, local, or exempted village school district. The amount of the payment subtracted from the city, local, or exempted village school district shall be computed as follows: 

(1) Add the following: 

(a) The percentage of the participant's enrollment in the school district, determined under division (A)(3) of this section; and 

(b) Twenty-five per cent times the percentage of the participant's enrollment in the joint vocational school district, determined under division (A)(3) of this section. 

(2) Multiply the sum obtained under division (D)(1) of this section by the amount computed under division (B)(2) of this section. 

The balance of the payment shall be subtracted from the joint vocational district's school foundation payments. 

(E)  If the participant was enrolled in a participating nonpublic school, the amount paid under division (B) of this section shall be subtracted from moneys set aside by the general assembly for such purpose from funds appropriated for the purposes of section 3317.06 of the Revised Code. 
 

HISTORY: 143 v S 140 (Eff 10-2-89); 143 v H 262 (Eff 3-1-90); 143 v H 434 (Eff 4-13-90); 143 v H 777 (Eff 4-26-90); 148 v H 282. Eff 9-28-99.
 

The effective date is set by section 43 of HB 282. 

The provisions of § 53 of HB 282 (148 v  - ) read as follows: 

SECTION 53. Section 3365.07 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 434 and Am. Sub. H.B. 777 of the 118th General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.