3317.029 Supplemental payments for safety and security and for remediation or similar programs.
(A) As used in this section:
(1) “Poverty percentage” means the quotient obtained by dividing the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified or adjusted under section 3317.10 of the Revised Code, by the district’s three-year average formula ADM.
(2) “Statewide poverty percentage” means the average of the total number of children ages five to seventeen years residing in the state and receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, divided by the sum of the three-year average formula ADMs for all school districts in the state.
(3) “Poverty index” means the quotient obtained by dividing the school district’s poverty percentage by the statewide poverty percentage.
(4) “Poverty student count” means the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified under section 3317.10 of the Revised Code.
(5) “Kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(6) “Kindergarten through third grade ADM” means the amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus the all-day kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division (A)(6)(b) of this section the number of special education students in grades kindergarten through three.
“Kindergarten through third grade ADM” shall not include any students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(7) “All-day kindergarten” means a kindergarten class that is in session five days per week for not less than the same number of clock hours each day as for pupils in grades one through six.
(8) “All-day kindergarten percentage” means the percentage of a district’s actual total number of students enrolled in kindergarten who are enrolled in all-day kindergarten.
(9) “All-day kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in all-day kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of that section.
(10) “Academic distress percentage” means the quotient of the number of district-operated buildings in the school district designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the total number of buildings in the district that were open for instruction during the same school year to which the ratings apply.
(11) “Statewide academic distress percentage” means the quotient of the statewide number of school district buildings and community schools designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the statewide total number of school district buildings and community schools that were open for instruction during the same school year to which the ratings apply.
(12) “Academic distress index” means the quotient of the school district’s academic distress percentage, divided by the statewide academic distress percentage.
(13) “Buildings with the highest concentration of need” means the school buildings in a district that meet either of the following criteria:
(a) Are in school improvement status pursuant to the “No Child Left Behind Act of 2001,” as defined in section 3302.01 of the Revised Code;
(b) Have percentages of students receiving assistance under Ohio works first at least as high as the district-wide percentage of students receiving such assistance. However, the district shall give priority to any of those buildings that have been declared to be in a state of academic watch or academic emergency under section 3302.03 of the Revised Code. If, in any fiscal year, the information provided by the department of job and family services under section 3317.10 of the Revised Code is insufficient to determine the Ohio works first percentage in each building, “buildings with the highest concentration of need” has the meaning given in rules that the department of education shall adopt. The rules shall base the definition of “buildings with the highest concentration of need” on family income of students in a manner that, to the extent possible with available data, approximates the intent to designate buildings where the Ohio works first percentage equals or exceeds the district-wide Ohio works first percentage.
(B) The department of education shall compute for each school district for poverty-based assistance the sum of the computations made under divisions (C) to (I) and (K) of this section and shall pay that sum to the district in accordance with division (A) of section 3317.022 of the Revised Code.
(C) A payment for academic intervention programs, if the district’s poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 0.25, calculate the district’s level one amount for large-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.25 but less than 0.75: large-group intervention units X hourly rate X level one hours X [(poverty index – 0.25)/0.5] Where:
(i) “Large-group intervention units” equals the district’s formula ADM divided by 20;
(ii) “Hourly rate” equals $21.01 in fiscal year 2008 and $21.64 in fiscal year 2009;
(iii) “Level one hours” equals 25 hours.
(b) If the district’s poverty index is greater than or equal to 0.75: large-group intervention units X hourly rate X level one hours Where “large-group intervention units,” “hourly rate,” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(2) If the district’s poverty index is greater than or equal to 0.75, calculate the district’s level two amount for medium-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.75 but less than 1.50: medium-group intervention units X hourly rate X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]} Where:
(i) “Medium group intervention units” equals the district’s formula ADM divided by 15;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(b) If the district’s poverty index is greater than or equal to 1.50: medium-group intervention units X hourly rate X level two hours Where:
(i) “Medium group intervention units” has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level two hours” equals 50 hours.
(3) If the district’s poverty index is greater than or equal to 1.50, calculate the district’s level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district’s poverty index is greater than or equal to 1.50 but less than 2.50: small group intervention units X hourly rate X
{level one hours + [level three hours X
(poverty index – 1.50)]} Where:
(i) “Small group intervention units” equals the quotient of (the district’s poverty student count times 3) divided by 10;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 135 hours.
(b) If the district’s poverty index is greater than or equal to 2.50: small group intervention units X hourly rate X level three hours Where:
(i) “Small group intervention units” has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 160 hours. Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the poverty index of the school district is greater than or equal to 1.0 or if the district’s three-year average formula ADM exceeded seventeen thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district’s poverty index. The department shall calculate the payment under this division by multiplying the all-day kindergarten ADM by the formula amount.
(E) A payment for increased classroom learning opportunities based on calculating the number of new teachers necessary to achieve a lower student-teacher ratio, as follows:
(1) Determine or calculate a formula number of teachers per one thousand students based on the poverty index of the school district as follows:
(a) If the poverty index of the school district is less than 1.0, the formula number of teachers is 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one;
(b) If the poverty index of the school district is greater than or equal to 1.0, but less than 1.5, the formula number of teachers is calculated as follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667} Where 50.0 is the number of teachers per one thousand students at a student-teacher ratio of twenty to one; 0.5 is the interval from a poverty index of 1.0 to a poverty index of 1.5; and 16.667 is the difference in the number of teachers per one thousand students at a student-teacher ratio of fifteen to one and the number of teachers per one thousand students at a student-teacher ratio of twenty to one.
(c) If the poverty index of the school district is greater than or equal to 1.5, the formula number of teachers is 66.667, which is the number of teachers per one thousand students at a student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or calculated in division (E)(1) of this section by the kindergarten through third grade ADM for the district and divide that product by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM by 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one, and divide that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) of this section from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under division (E)(3) of this section or zero by the statewide average teachers compensation. For this purpose, the “statewide average teacher compensation” is $56,754 in fiscal year 2008 and $58,621 in fiscal year 2009, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district’s poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index – 1.0)/0.75)]} X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount
(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district’s limited English proficient students, times a phase-in percentage of 0.70 in fiscal years 2008 and 2009. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district’s percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
(G) A payment for professional development of teachers, if the district’s poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount
(3) Determine the number of teachers, as follows:
(formula ADM/17)
(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(J) This division applies only to school districts that receive more than ten thousand dollars under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:
(1) To provide all-day kindergarten to the children in the district’s all-day kindergarten ADM;
(2) To provide services to students with limited English proficiency through one or more of the following activities:
(a) Hiring teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) Contracting for intervention services for those students;
(c) Providing other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) To provide professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) High quality professional development activities that are research-based, as defined by state standards developed under section 3319.61 of the Revised Code;
(d) Professional learning communities. In addition, each district that elects to use funds paid under this section for professional development shall only implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under this section.
(4) For preventing at-risk students from dropping out of school. Not later than September 1, 2007, the department of education shall provide each school district receiving a payment under this section with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department’s list.
(5) For one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning in accordance with safe school guidelines adopted by the state board of education;
(c) To implement academic intervention services described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section for academic intervention services, designed in accordance with student intervention guidelines adopted by the state board, for students who have failed or are in danger of failing any of the tests administered pursuant to section 3301.0710 of the Revised Code, including intervention services required by section 3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) For increased classroom learning opportunities by increasing the amount of instructional attention received per pupil in kindergarten through third grade, either by reducing the ratio of students to instructional personnel or by increasing the amount of instruction and curriculum-related activities by extending the length of the school day or the school year. School districts may implement a reduction of the ratio of students to instructional personnel through any or all of the following methods:
(a) Reducing the number of students in a classroom taught by a single teacher;
(b) Employing full-time educational aides or educational paraprofessionals, issued a permit or license under section 3319.088 of the Revised Code, who are engaged in classroom support activities;
(c) Instituting a team-teaching method that will result in a lower student-teacher ratio in a classroom. Districts may extend the school day either by increasing the amount of time allocated for each class, increasing the number of classes provided per day, offering optional academic-related after-school programs, providing curriculum-related extra curricular activities, or establishing tutoring or remedial services for students who have demonstrated an educational need. In accordance with section 3319.089 of the Revised Code, a district extending the school day pursuant to this division may utilize a participant of the work experience program who has a child enrolled in a public school in that district and who is fulfilling the work requirements of that program by volunteering or working in that public school. If the work experience program participant is compensated, the school district may use the funds distributed under this section for all or part of the compensation. Districts may extend the school year either through adding regular days of instruction to the school calendar or by providing summer programs.
(8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten;
(9) To furnish, free of charge, materials used in courses of instruction, except for the necessary textbooks or electronic textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;
(10) For programs designed to reduce nonacademic barriers to learning, in accordance with guidelines developed by the department of education;
(11) For start-up costs associated with school breakfast programs provided pursuant to section 3313.813 of the Revised Code. A school district may apply to the department, in the form and manner prescribed by the department, for a waiver to spend funds paid under this section for programs not described in divisions (J)(1) to (11) of this section. The waiver application shall specify the rationale for the alternative expenditure and the intended benefits for disadvantaged students. If the department grants the waiver, the district may use funds paid under this section to implement the alternative program.
(K) A payment for assistance in closing the achievement gap, calculated as follows:
(1) In fiscal year 2008 the department shall pay each school district that has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0, an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(2) In fiscal year 2009:
(a) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is less than its academic distress percentage for fiscal year 2008, the department shall pay the district the product of its payment under division (K)(1) of this section for fiscal year 2008 times 1.035.
(b) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is greater than or equal to its academic distress percentage for fiscal year 2008, the department shall pay the district the same amount as its payment under division (K)(1) of this section for fiscal year 2008.
(c) If the district did not receive a payment under division (K)(1) of this section for fiscal year 2008, and it has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0 for fiscal year 2009, the department shall pay the district an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(L) This division applies only to funds paid under division (K)(2)(b) of this section.
(1) If applicable, each school district shall use the funds for any necessary expenses for the continued operation of a school district academic distress commission appointed under section 3302.10 of the Revised Code.
(2) After satisfying the requirement of division (L)(1) of this section, each district shall spend the remaining funds only for one or more of the following purposes and only in buildings with the highest concentration of need:
(a) Assistance in improving student performance;
(b) Professional development for teachers and administrators;
(c) Assistance in recruiting and retaining teachers and administrators.
(M)(1) Each school district wishing to receive any funds under division (D) of this section shall submit to the department of education the number of students attending all-day kindergarten when reporting formula ADM under section 3317.03 of the Revised Code.
(2) Each school district that receives a payment under division (D) of this section shall first utilize funds received under that division to provide all-day kindergarten.
(N) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(O) If at any time the superintendent of public instruction determines that a school district receiving funds under division (D) of this section has enrolled fewer than the number of all-day kindergarten students reported for that fiscal year, the superintendent shall withhold from the funds otherwise due the district under this section a proportional amount as determined by the difference in the certified all-day kindergarten ADM and the actual all-day kindergarten ADM. The superintendent shall also withhold an appropriate amount of funds otherwise due a district for any other misuse of funds not in accordance with this section.
(P)(1) A district may use a portion of the funds paid under this section to modify or purchase classroom space to provide all-day kindergarten, if both of the following conditions are met:
(a) The district certifies to the department, in a manner acceptable to the department, that it has a shortage of space for providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number of children in the all-day kindergarten percentage it certified under this section.
(2) A district may use a portion of the funds paid under this section to modify or purchase classroom space to enable it to further reduce class size in grades kindergarten through two with a goal of attaining class sizes of fifteen students per licensed teacher. To do so, the district must certify its need for additional space to the department, in a manner satisfactory to the department.
(Q) Not later than the thirtieth day of September each year, each school district paid more than ten thousand dollars under this section shall report to the department, in the form and manner prescribed by the department, how the district deployed funds received under this section in the prior fiscal year. If a school district does not meet adequate progress standards as defined by the department, the department shall make recommendations to the district for deploying funds under this section in a more effective manner.
3317.029 Supplemental payments for safety and security and for remediation or similar programs.
(A) As used in this section:
(1) “Poverty percentage” means the quotient obtained by dividing the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified or adjusted under section 3317.10 of the Revised Code, by the district’s three-year average formula ADM.
(2) “Statewide poverty percentage” means the average of the total number of children ages five to seventeen years residing in the state and receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, divided by the sum of the three-year average formula ADMs for all school districts in the state.
(3) “Poverty index” means the quotient obtained by dividing the school district’s poverty percentage by the statewide poverty percentage.
(4) “Poverty student count” means the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified under section 3317.10 of the Revised Code.
(5) “Kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(6) “Kindergarten through third grade ADM” means the amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus the all-day kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division (A)(6)(b) of this section the number of special education students in grades kindergarten through three.
“Kindergarten through third grade ADM” shall not include any students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(7) “All-day kindergarten” means a kindergarten class that is in session five days per week for not less than the same number of clock hours each day as for pupils in grades one through six.
(8) “All-day kindergarten percentage” means the percentage of a district’s actual total number of students enrolled in kindergarten who are enrolled in all-day kindergarten.
(9) “All-day kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in all-day kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of that section.
(10) “Academic distress percentage” means the quotient of the number of district-operated buildings in the school district designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the total number of buildings in the district that were open for instruction during the same school year to which the ratings apply.
(11) “Statewide academic distress percentage” means the quotient of the statewide number of school district buildings and community schools designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the statewide total number of school district buildings and community schools that were open for instruction during the same school year to which the ratings apply.
(12) “Academic distress index” means the quotient of the school district’s academic distress percentage, divided by the statewide academic distress percentage.
(13) “Buildings with the highest concentration of need” means the school buildings in a district that meet either of the following criteria:
(a) Are in school improvement status pursuant to the “No Child Left Behind Act of 2001,” as defined in section 3302.01 of the Revised Code;
(b) Have percentages of students receiving assistance under Ohio works first at least as high as the district-wide percentage of students receiving such assistance. However, the district shall give priority to any of those buildings that have been declared to be in a state of academic watch or academic emergency under section 3302.03 of the Revised Code. If, in any fiscal year, the information provided by the department of job and family services under section 3317.10 of the Revised Code is insufficient to determine the Ohio works first percentage in each building, “buildings with the highest concentration of need” has the meaning given in rules that the department of education shall adopt. The rules shall base the definition of “buildings with the highest concentration of need” on family income of students in a manner that, to the extent possible with available data, approximates the intent to designate buildings where the Ohio works first percentage equals or exceeds the district-wide Ohio works first percentage.
(B) The department of education shall compute for each school district for poverty-based assistance the sum of the computations made under divisions (C) to (I) and (K) of this section and shall pay that sum to the district in accordance with division (A) of section 3317.022 of the Revised Code.
(C) A payment for academic intervention programs, if the district’s poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 0.25, calculate the district’s level one amount for large-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.25 but less than 0.75: large-group intervention units X hourly rate X level one hours X [(poverty index – 0.25)/0.5] Where:
(i) “Large-group intervention units” equals the district’s formula ADM divided by 20;
(ii) “Hourly rate” equals $21.01 in fiscal year 2008 and $21.64 in fiscal year 2009;
(iii) “Level one hours” equals 25 hours.
(b) If the district’s poverty index is greater than or equal to 0.75: large-group intervention units X hourly rate X level one hours Where “large-group intervention units,” “hourly rate,” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(2) If the district’s poverty index is greater than or equal to 0.75, calculate the district’s level two amount for medium-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.75 but less than 1.50: medium-group intervention units X hourly rate X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]} Where:
(i) “Medium group intervention units” equals the district’s formula ADM divided by 15;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(b) If the district’s poverty index is greater than or equal to 1.50: medium-group intervention units X hourly rate X level two hours Where:
(i) “Medium group intervention units” has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level two hours” equals 50 hours.
(3) If the district’s poverty index is greater than or equal to 1.50, calculate the district’s level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district’s poverty index is greater than or equal to 1.50 but less than 2.50: small group intervention units X hourly rate X
{level one hours + [level three hours X
(poverty index – 1.50)]} Where:
(i) “Small group intervention units” equals the quotient of (the district’s poverty student count times 3) divided by 10;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 135 hours.
(b) If the district’s poverty index is greater than or equal to 2.50: small group intervention units X hourly rate X level three hours Where:
(i) “Small group intervention units” has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 160 hours. Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the poverty index of the school district is greater than or equal to 1.0 or if the district’s three-year average formula ADM exceeded seventeen thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district’s poverty index. The department shall calculate the payment under this division by multiplying the all-day kindergarten ADM by the formula amount.
(E) A payment for increased classroom learning opportunities based on calculating the number of new teachers necessary to achieve a lower student-teacher ratio, as follows:
(1) Determine or calculate a formula number of teachers per one thousand students based on the poverty index of the school district as follows:
(a) If the poverty index of the school district is less than 1.0, the formula number of teachers is 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one;
(b) If the poverty index of the school district is greater than or equal to 1.0, but less than 1.5, the formula number of teachers is calculated as follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667} Where 50.0 is the number of teachers per one thousand students at a student-teacher ratio of twenty to one; 0.5 is the interval from a poverty index of 1.0 to a poverty index of 1.5; and 16.667 is the difference in the number of teachers per one thousand students at a student-teacher ratio of fifteen to one and the number of teachers per one thousand students at a student-teacher ratio of twenty to one.
(c) If the poverty index of the school district is greater than or equal to 1.5, the formula number of teachers is 66.667, which is the number of teachers per one thousand students at a student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or calculated in division (E)(1) of this section by the kindergarten through third grade ADM for the district and divide that product by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM by 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one, and divide that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) of this section from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under division (E)(3) of this section or zero by the statewide average teachers compensation. For this purpose, the “statewide average teacher compensation” is $56,754 in fiscal year 2008 and $58,621 in fiscal year 2009, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district’s poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index – 1.0)/0.75)]} X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount
(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district’s limited English proficient students, times a phase-in percentage of 0.70 in fiscal years 2008 and 2009. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district’s percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
(G) A payment for professional development of teachers, if the district’s poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount
(3) Determine the number of teachers, as follows:
(formula ADM/17)
(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(J) This division applies only to school districts that receive more than ten thousand dollars under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:
(1) To provide all-day kindergarten to the children in the district’s all-day kindergarten ADM;
(2) To provide services to students with limited English proficiency through one or more of the following activities:
(a) Hiring teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) Contracting for intervention services for those students;
(c) Providing other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) To provide professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) High quality professional development activities that are research-based, as defined by state standards developed under section 3319.61 of the Revised Code;
(d) Professional learning communities. In addition, each district that elects to use funds paid under this section for professional development shall only implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under this section.
(4) For preventing at-risk students from dropping out of school. Not later than September 1, 2007, the department of education shall provide each school district receiving a payment under this section with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department’s list.
(5) For one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning in accordance with safe school guidelines adopted by the state board of education;
(c) To implement academic intervention services described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section for academic intervention services, designed in accordance with student intervention guidelines adopted by the state board, for students who have failed or are in danger of failing any of the tests administered pursuant to section 3301.0710 of the Revised Code, including intervention services required by section 3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) For increased classroom learning opportunities by increasing the amount of instructional attention received per pupil in kindergarten through third grade, either by reducing the ratio of students to instructional personnel or by increasing the amount of instruction and curriculum-related activities by extending the length of the school day or the school year. School districts may implement a reduction of the ratio of students to instructional personnel through any or all of the following methods:
(a) Reducing the number of students in a classroom taught by a single teacher;
(b) Employing full-time educational aides or educational paraprofessionals, issued a permit or license under section 3319.088 of the Revised Code, who are engaged in classroom support activities;
(c) Instituting a team-teaching method that will result in a lower student-teacher ratio in a classroom. Districts may extend the school day either by increasing the amount of time allocated for each class, increasing the number of classes provided per day, offering optional academic-related after-school programs, providing curriculum-related extra curricular activities, or establishing tutoring or remedial services for students who have demonstrated an educational need. In accordance with section 3319.089 of the Revised Code, a district extending the school day pursuant to this division may utilize a participant of the work experience program who has a child enrolled in a public school in that district and who is fulfilling the work requirements of that program by volunteering or working in that public school. If the work experience program participant is compensated, the school district may use the funds distributed under this section for all or part of the compensation. Districts may extend the school year either through adding regular days of instruction to the school calendar or by providing summer programs.
(8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten;
(9) To furnish, free of charge, materials used in courses of instruction, except for the necessary textbooks or electronic textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;
(10) For programs designed to reduce nonacademic barriers to learning, in accordance with guidelines developed by the department of education;
(11) For start-up costs associated with school breakfast programs provided pursuant to section 3313.813 of the Revised Code. A school district may apply to the department, in the form and manner prescribed by the department, for a waiver to spend funds paid under this section for programs not described in divisions (J)(1) to (11) of this section. The waiver application shall specify the rationale for the alternative expenditure and the intended benefits for disadvantaged students. If the department grants the waiver, the district may use funds paid under this section to implement the alternative program.
(K) A payment for assistance in closing the achievement gap, calculated as follows:
(1) In fiscal year 2008 the department shall pay each school district that has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0, an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(2) In fiscal year 2009:
(a) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is less than its academic distress percentage for fiscal year 2008, the department shall pay the district the product of its payment under division (K)(1) of this section for fiscal year 2008 times 1.035.
(b) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is greater than or equal to its academic distress percentage for fiscal year 2008, the department shall pay the district the same amount as its payment under division (K)(1) of this section for fiscal year 2008.
(c) If the district did not receive a payment under division (K)(1) of this section for fiscal year 2008, and it has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0 for fiscal year 2009, the department shall pay the district an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(L) This division applies only to funds paid under division (K)(2)(b) of this section.
(1) If applicable, each school district shall use the funds for any necessary expenses for the continued operation of a school district academic distress commission appointed under section 3302.10 of the Revised Code.
(2) After satisfying the requirement of division (L)(1) of this section, each district shall spend the remaining funds only for one or more of the following purposes and only in buildings with the highest concentration of need:
(a) Assistance in improving student performance;
(b) Professional development for teachers and administrators;
(c) Assistance in recruiting and retaining teachers and administrators.
(M)(1) Each school district wishing to receive any funds under division (D) of this section shall submit to the department of education the number of students attending all-day kindergarten when reporting formula ADM under section 3317.03 of the Revised Code.
(2) Each school district that receives a payment under division (D) of this section shall first utilize funds received under that division to provide all-day kindergarten.
(N) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(O) If at any time the superintendent of public instruction determines that a school district receiving funds under division (D) of this section has enrolled fewer than the number of all-day kindergarten students reported for that fiscal year, the superintendent shall withhold from the funds otherwise due the district under this section a proportional amount as determined by the difference in the certified all-day kindergarten ADM and the actual all-day kindergarten ADM. The superintendent shall also withhold an appropriate amount of funds otherwise due a district for any other misuse of funds not in accordance with this section.
(P)(1) A district may use a portion of the funds paid under this section to modify or purchase classroom space to provide all-day kindergarten, if both of the following conditions are met:
(a) The district certifies to the department, in a manner acceptable to the department, that it has a shortage of space for providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number of children in the all-day kindergarten percentage it certified under this section.
(2) A district may use a portion of the funds paid under this section to modify or purchase classroom space to enable it to further reduce class size in grades kindergarten through two with a goal of attaining class sizes of fifteen students per licensed teacher. To do so, the district must certify its need for additional space to the department, in a manner satisfactory to the department.
(Q) Not later than the thirtieth day of September each year, each school district paid more than ten thousand dollars under this section shall report to the department, in the form and manner prescribed by the department, how the district deployed funds received under this section in the prior fiscal year. If a school district does not meet adequate progress standards as defined by the department, the department shall make recommendations to the district for deploying funds under this section in a more effective manner.
3317.029 Supplemental payments for safety and security and for remediation or similar programs.
(A) As used in this section:
(1) “Poverty percentage” means the quotient obtained by dividing the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified or adjusted under section 3317.10 of the Revised Code, by the district’s three-year average formula ADM.
(2) “Statewide poverty percentage” means the average of the total number of children ages five to seventeen years residing in the state and receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, divided by the sum of the three-year average formula ADMs for all school districts in the state.
(3) “Poverty index” means the quotient obtained by dividing the school district’s poverty percentage by the statewide poverty percentage.
(4) “Poverty student count” means the average number of children ages five to seventeen residing in the school district and living in a family receiving assistance under the Ohio works first program or an antecedent program known as TANF or ADC for the preceding five years, as certified under section 3317.10 of the Revised Code.
(5) “Kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(6) “Kindergarten through third grade ADM” means the amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus the all-day kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division (A)(6)(b) of this section the number of special education students in grades kindergarten through three.
“Kindergarten through third grade ADM” shall not include any students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(7) “All-day kindergarten” means a kindergarten class that is in session five days per week for not less than the same number of clock hours each day as for pupils in grades one through six.
(8) “All-day kindergarten percentage” means the percentage of a district’s actual total number of students enrolled in kindergarten who are enrolled in all-day kindergarten.
(9) “All-day kindergarten ADM” means the number of students reported under section 3317.03 of the Revised Code as enrolled in all-day kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of that section.
(10) “Academic distress percentage” means the quotient of the number of district-operated buildings in the school district designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the total number of buildings in the district that were open for instruction during the same school year to which the ratings apply.
(11) “Statewide academic distress percentage” means the quotient of the statewide number of school district buildings and community schools designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the statewide total number of school district buildings and community schools that were open for instruction during the same school year to which the ratings apply.
(12) “Academic distress index” means the quotient of the school district’s academic distress percentage, divided by the statewide academic distress percentage.
(13) “Buildings with the highest concentration of need” means the school buildings in a district that meet either of the following criteria:
(a) Are in school improvement status pursuant to the “No Child Left Behind Act of 2001,” as defined in section 3302.01 of the Revised Code;
(b) Have percentages of students receiving assistance under Ohio works first at least as high as the district-wide percentage of students receiving such assistance. However, the district shall give priority to any of those buildings that have been declared to be in a state of academic watch or academic emergency under section 3302.03 of the Revised Code. If, in any fiscal year, the information provided by the department of job and family services under section 3317.10 of the Revised Code is insufficient to determine the Ohio works first percentage in each building, “buildings with the highest concentration of need” has the meaning given in rules that the department of education shall adopt. The rules shall base the definition of “buildings with the highest concentration of need” on family income of students in a manner that, to the extent possible with available data, approximates the intent to designate buildings where the Ohio works first percentage equals or exceeds the district-wide Ohio works first percentage.
(B) The department of education shall compute for each school district for poverty-based assistance the sum of the computations made under divisions (C) to (I) and (K) of this section and shall pay that sum to the district in accordance with division (A) of section 3317.022 of the Revised Code.
(C) A payment for academic intervention programs, if the district’s poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 0.25, calculate the district’s level one amount for large-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.25 but less than 0.75: large-group intervention units X hourly rate X level one hours X [(poverty index – 0.25)/0.5] Where:
(i) “Large-group intervention units” equals the district’s formula ADM divided by 20;
(ii) “Hourly rate” equals $21.01 in fiscal year 2008 and $21.64 in fiscal year 2009;
(iii) “Level one hours” equals 25 hours.
(b) If the district’s poverty index is greater than or equal to 0.75: large-group intervention units X hourly rate X level one hours Where “large-group intervention units,” “hourly rate,” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(2) If the district’s poverty index is greater than or equal to 0.75, calculate the district’s level two amount for medium-group academic intervention for all students as follows:
(a) If the district’s poverty index is greater than or equal to 0.75 but less than 1.50: medium-group intervention units X hourly rate X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]} Where:
(i) “Medium group intervention units” equals the district’s formula ADM divided by 15;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section.
(b) If the district’s poverty index is greater than or equal to 1.50: medium-group intervention units X hourly rate X level two hours Where:
(i) “Medium group intervention units” has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level two hours” equals 50 hours.
(3) If the district’s poverty index is greater than or equal to 1.50, calculate the district’s level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district’s poverty index is greater than or equal to 1.50 but less than 2.50: small group intervention units X hourly rate X
{level one hours + [level three hours X
(poverty index – 1.50)]} Where:
(i) “Small group intervention units” equals the quotient of (the district’s poverty student count times 3) divided by 10;
(ii) “Hourly rate” and “level one hours” have the same meanings as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 135 hours.
(b) If the district’s poverty index is greater than or equal to 2.50: small group intervention units X hourly rate X level three hours Where:
(i) “Small group intervention units” has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) “Hourly rate” has the same meaning as in division (C)(1)(a) of this section;
(iii) “Level three hours” equals 160 hours. Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the poverty index of the school district is greater than or equal to 1.0 or if the district’s three-year average formula ADM exceeded seventeen thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district’s poverty index. The department shall calculate the payment under this division by multiplying the all-day kindergarten ADM by the formula amount.
(E) A payment for increased classroom learning opportunities based on calculating the number of new teachers necessary to achieve a lower student-teacher ratio, as follows:
(1) Determine or calculate a formula number of teachers per one thousand students based on the poverty index of the school district as follows:
(a) If the poverty index of the school district is less than 1.0, the formula number of teachers is 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one;
(b) If the poverty index of the school district is greater than or equal to 1.0, but less than 1.5, the formula number of teachers is calculated as follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667} Where 50.0 is the number of teachers per one thousand students at a student-teacher ratio of twenty to one; 0.5 is the interval from a poverty index of 1.0 to a poverty index of 1.5; and 16.667 is the difference in the number of teachers per one thousand students at a student-teacher ratio of fifteen to one and the number of teachers per one thousand students at a student-teacher ratio of twenty to one.
(c) If the poverty index of the school district is greater than or equal to 1.5, the formula number of teachers is 66.667, which is the number of teachers per one thousand students at a student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or calculated in division (E)(1) of this section by the kindergarten through third grade ADM for the district and divide that product by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM by 50.0, which is the number of teachers per one thousand students at a student-teacher ratio of twenty to one, and divide that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) of this section from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under division (E)(3) of this section or zero by the statewide average teachers compensation. For this purpose, the “statewide average teacher compensation” is $56,754 in fiscal year 2008 and $58,621 in fiscal year 2009, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district’s poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index – 1.0)/0.75)]} X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount
(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district’s limited English proficient students, times a phase-in percentage of 0.70 in fiscal years 2008 and 2009. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district’s percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
(G) A payment for professional development of teachers, if the district’s poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district’s poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district’s poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount
(3) Determine the number of teachers, as follows:
(formula ADM/17)
(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM
(J) This division applies only to school districts that receive more than ten thousand dollars under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:
(1) To provide all-day kindergarten to the children in the district’s all-day kindergarten ADM;
(2) To provide services to students with limited English proficiency through one or more of the following activities:
(a) Hiring teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) Contracting for intervention services for those students;
(c) Providing other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) To provide professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) High quality professional development activities that are research-based, as defined by state standards developed under section 3319.61 of the Revised Code;
(d) Professional learning communities. In addition, each district that elects to use funds paid under this section for professional development shall only implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under this section.
(4) For preventing at-risk students from dropping out of school. Not later than September 1, 2007, the department of education shall provide each school district receiving a payment under this section with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department’s list.
(5) For one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning in accordance with safe school guidelines adopted by the state board of education;
(c) To implement academic intervention services described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section for academic intervention services, designed in accordance with student intervention guidelines adopted by the state board, for students who have failed or are in danger of failing any of the tests administered pursuant to section 3301.0710 of the Revised Code, including intervention services required by section 3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) For increased classroom learning opportunities by increasing the amount of instructional attention received per pupil in kindergarten through third grade, either by reducing the ratio of students to instructional personnel or by increasing the amount of instruction and curriculum-related activities by extending the length of the school day or the school year. School districts may implement a reduction of the ratio of students to instructional personnel through any or all of the following methods:
(a) Reducing the number of students in a classroom taught by a single teacher;
(b) Employing full-time educational aides or educational paraprofessionals, issued a permit or license under section 3319.088 of the Revised Code, who are engaged in classroom support activities;
(c) Instituting a team-teaching method that will result in a lower student-teacher ratio in a classroom. Districts may extend the school day either by increasing the amount of time allocated for each class, increasing the number of classes provided per day, offering optional academic-related after-school programs, providing curriculum-related extra curricular activities, or establishing tutoring or remedial services for students who have demonstrated an educational need. In accordance with section 3319.089 of the Revised Code, a district extending the school day pursuant to this division may utilize a participant of the work experience program who has a child enrolled in a public school in that district and who is fulfilling the work requirements of that program by volunteering or working in that public school. If the work experience program participant is compensated, the school district may use the funds distributed under this section for all or part of the compensation. Districts may extend the school year either through adding regular days of instruction to the school calendar or by providing summer programs.
(8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten;
(9) To furnish, free of charge, materials used in courses of instruction, except for the necessary textbooks or electronic textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;
(10) For programs designed to reduce nonacademic barriers to learning, in accordance with guidelines developed by the department of education;
(11) For start-up costs associated with school breakfast programs provided pursuant to section 3313.813 of the Revised Code. A school district may apply to the department, in the form and manner prescribed by the department, for a waiver to spend funds paid under this section for programs not described in divisions (J)(1) to (11) of this section. The waiver application shall specify the rationale for the alternative expenditure and the intended benefits for disadvantaged students. If the department grants the waiver, the district may use funds paid under this section to implement the alternative program.
(K) A payment for assistance in closing the achievement gap, calculated as follows:
(1) In fiscal year 2008 the department shall pay each school district that has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0, an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(2) In fiscal year 2009:
(a) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is less than its academic distress percentage for fiscal year 2008, the department shall pay the district the product of its payment under division (K)(1) of this section for fiscal year 2008 times 1.035.
(b) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is greater than or equal to its academic distress percentage for fiscal year 2008, the department shall pay the district the same amount as its payment under division (K)(1) of this section for fiscal year 2008.
(c) If the district did not receive a payment under division (K)(1) of this section for fiscal year 2008, and it has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0 for fiscal year 2009, the department shall pay the district an amount calculated in accordance with the following formula: poverty index X academic distress index X
(0.0015 X formula amount) X formula ADM
(L) This division applies only to funds paid under division (K)(2)(b) of this section.
(1) If applicable, each school district shall use the funds for any necessary expenses for the continued operation of a school district academic distress commission appointed under section 3302.10 of the Revised Code.
(2) After satisfying the requirement of division (L)(1) of this section, each district shall spend the remaining funds only for one or more of the following purposes and only in buildings with the highest concentration of need:
(a) Assistance in improving student performance;
(b) Professional development for teachers and administrators;
(c) Assistance in recruiting and retaining teachers and administrators.
(M)(1) Each school district wishing to receive any funds under division (D) of this section shall submit to the department of education the number of students attending all-day kindergarten when reporting formula ADM under section 3317.03 of the Revised Code.
(2) Each school district that receives a payment under division (D) of this section shall first utilize funds received under that division to provide all-day kindergarten.
(N) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(O) If at any time the superintendent of public instruction determines that a school district receiving funds under division (D) of this section has enrolled fewer than the number of all-day kindergarten students reported for that fiscal year, the superintendent shall withhold from the funds otherwise due the district under this section a proportional amount as determined by the difference in the certified all-day kindergarten ADM and the actual all-day kindergarten ADM. The superintendent shall also withhold an appropriate amount of funds otherwise due a district for any other misuse of funds not in accordance with this section.
(P)(1) A district may use a portion of the funds paid under this section to modify or purchase classroom space to provide all-day kindergarten, if both of the following conditions are met:
(a) The district certifies to the department, in a manner acceptable to the department, that it has a shortage of space for providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number of children in the all-day kindergarten percentage it certified under this section.
(2) A district may use a portion of the funds paid under this section to modify or purchase classroom space to enable it to further reduce class size in grades kindergarten through two with a goal of attaining class sizes of fifteen students per licensed teacher. To do so, the district must certify its need for additional space to the department, in a manner satisfactory to the department.
(Q) Not later than the thirtieth day of September each year, each school district paid more than ten thousand dollars under this section shall report to the department, in the form and manner prescribed by the department, how the district deployed funds received under this section in the prior fiscal year. If a school district does not meet adequate progress standards as defined by the department, the department shall make recommendations to the district for deploying funds under this section in a more effective manner.
