AM1735X1

Sub. H.B. 9
As Passed by the House

_______________________________ moved to amend as follows:

In line 1 of the title, after "sections" insert "3310.03, 1

3310.032,"; after "3333.16" insert a comma 2

In line 2 of the title, after "sections" insert "3310.033,"; 3

after "3345.351" insert a comma 4

In line 4 of the title, after "education" insert ", to make 5

changes to the Educational Choice Scholarship program, and to 6
declare an emergency" 7

In line 5, after "sections" insert "3310.03, 3310.032,"; 8

after "3333.16" insert a comma 9

In line 6, after "sections" insert "3310.033,"; after 10

"3345.351" insert a comma 11

After line 7, insert: 12

"Sec. 3310.03. A student is an "eligible student" for 13

purposes of the educational choice scholarship pilot program if 14
the student's resident district is not a school district in which 15
the pilot project scholarship program is operating under sections 16
3313.974 to 3313.979 of the Revised Code and the student satisfies 17
one of the conditions in division (A), (B), (C), (D), or (E) of 18
this section: 19

(A)(1) The student is enrolled in a school building operated 20

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21
by the student's resident district that, on the report card issued
22
under section 3302.03 of the Revised Code published prior to the
23
first day of July of the school year for which a scholarship is
24
sought, did not receive a rating as described in division (I) of
25
this section, and to which any or a combination of any of the
26
following apply for two of the three most recent report cards
27
published prior to the first day of July of the school year for
28
which a scholarship is sought:

(a) The building was declared to be in a state of academic 29

emergency or academic watch under section 3302.03 of the Revised 30
Code as that section existed prior to March 22, 2013. 31

(b) The building received a grade of "D" or "F" for the 32

performance index score under division (A)(1)(b) or (B)(1)(b) of 33
section 3302.03 of the Revised Code and for the value-added 34
progress dimension under division (A)(1)(e) or (B)(1)(e) of 35
section 3302.03 of the Revised Code for the 2012-2013, 2013-2014, 36
2014-2015, or 2015-2016 school year; or if the building serves 37
only grades ten through twelve, the building received a grade of 38
"D" or "F" for the performance index score under division 39
(A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and 40
had a four-year adjusted cohort graduation rate of less than 41
seventy-five per cent. 42

(c) The building received an overall grade of "D" or "F" 43

under division (C)(3) of section 3302.03 of the Revised Code or a 44
grade of "F" for the value-added progress dimension under division 45
(C)(1)(e) of section 3302.03 of the Revised Code for the 2016-2017 46
school year or any school year thereafter. 47

(2) The student will be enrolling in any of grades 48

kindergarten through twelve in this state for the first time in 49
the school year for which a scholarship is sought, will be at 50

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51
least five years of age by the first day of January of the school
52
year for which a scholarship is sought, and otherwise would be
53
assigned under section 3319.01 of the Revised Code in the school
54
year for which a scholarship is sought, to a school building
55
described in division (A)(1) of this section.

(3) The student is enrolled in a community school established 56

under Chapter 3314. of the Revised Code but otherwise would be 57
assigned under section 3319.01 of the Revised Code to a building 58
described in division (A)(1) of this section. 59

(4) The student is enrolled in a school building operated by 60

the student's resident district or in a community school 61
established under Chapter 3314. of the Revised Code and otherwise 62
would be assigned under section 3319.01 of the Revised Code to a 63
school building described in division (A)(1) of this section in 64
the school year for which the scholarship is sought. 65

(5) The student will be both enrolling in any of grades 66

kindergarten through twelve in this state for the first time and 67
at least five years of age by the first day of January of the 68
school year for which a scholarship is sought, or is enrolled in a 69
community school established under Chapter 3314. of the Revised 70
Code, and all of the following apply to the student's resident 71
district: 72

(a) The district has in force an intradistrict open 73

enrollment policy under which no student in the student's grade 74
level is automatically assigned to a particular school building; 75

(b) In the most recent rating published prior to the first 76

day of July of the school year for which scholarship is sought, 77
the district did not receive a rating described in division (I) of 78
this section, and in at least two of the three most recent report 79
cards published prior to the first day of July of that school 80

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81
year, any or a combination of the following apply to the district:

(i) The district was declared to be in a state of academic 82

emergency under section 3302.03 of the Revised Code as it existed 83
prior to March 22, 2013. 84

(ii) The district received a grade of "D" or "F" for the 85

performance index score under division (A)(1)(b) or (B)(1)(b) of 86
section 3302.03 of the Revised Code and for the value-added 87
progress dimension under division (A)(1)(e) or (B)(1)(e) of 88
section 3302.03 of the Revised Code for the 2012-2013, 2013-2014, 89
2014-2015, or 2015-2016 school year. 90

(c)(iii) The district received an overall grade of "D" or "F" 91

under division (C)(3) of section 3302.03 of the Revised Code or a 92
grade of "F" for the value-added progress dimension under division 93
(C)(1)(e) of section 3302.03 of the Revised Code for the 2016-2017 94
school year or any school year thereafter. 95

(6) Beginning in the 2019-2020 school year On or after the 96

effective date of this amendment, the student meets both of the 97
following conditions: 98

(a) The student was enrolled in a public or nonpublic school 99

or was homeschooled in the prior school year and completed any of 100
grades grade eight through eleven in that school year. 101

(b) The student would be assigned to a building in the school 102

year for which the scholarship is sought that either: 103

(i) Serves any of grades nine through twelve and that 104
received a grade of "D" or "F" for the four-year adjusted cohort 105
graduation rate under division (A)(1)(d), (B)(1)(d), or (C)(1)(d) 106
of section 3302.03 of the Revised Code in two of the three most 107
recent report cards published prior to the first day of July of 108
the school year for which a scholarship is sought; 109

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(ii) Is a building described in division (A)(1) of this 110

section. 111

Any student who was awarded a scholarship under any version 112
of division (A)(6) of this section as it existed prior to the 113
effective date of this amendment the effective date of this 114
amendment may continue to receive scholarships in subsequent 115
school years until the student completes grade twelve, as long as 116
the student meets the criteria prescribed by division (F) of this 117
section. 118

(B)(1) The student is enrolled in a school building operated 119

by the student's resident district and to which both of the 120
following apply: 121

(a) The building was ranked, for at least two of the three 122
most recent rankings prior to the first day of July of the school 123
year for which a scholarship is sought, in the lowest ten per cent 124
of all buildings operated by city, local, and exempted village 125
school districts according to performance index score as 126
determined by the department of education. 127

(b) The building was not declared to be excellent or 128

effective, or the equivalent of such ratings as determined by the 129
department, under section 3302.03 of the Revised Code in the most 130
recent rating published prior to the first day of July of the 131
school year for which a scholarship is sought. 132

(2) The student will be enrolling in any of grades 133

kindergarten through twelve in this state for the first time in 134
the school year for which a scholarship is sought, will be at 135
least five years of age, as defined in section 3321.01 of the 136
Revised Code, by the first day of January of the school year for 137
which a scholarship is sought, and otherwise would be assigned 138
under section 3319.01 of the Revised Code in the school year for 139

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140
which a scholarship is sought, to a school building described in
141
division (B)(1) of this section.

(3) The student is enrolled in a community school established 142

under Chapter 3314. of the Revised Code but otherwise would be 143
assigned under section 3319.01 of the Revised Code to a building 144
described in division (B)(1) of this section. 145

(4) The student is enrolled in a school building operated by 146

the student's resident district or in a community school 147
established under Chapter 3314. of the Revised Code and otherwise 148
would be assigned under section 3319.01 of the Revised Code to a 149
school building described in division (B)(1) of this section in 150
the school year for which the scholarship is sought. 151

(C) The student is enrolled in a nonpublic school at the time 152

the school is granted a charter by the state board of education 153
under section 3301.16 of the Revised Code and the student meets 154
the standards of division (B) of section 3310.031 of the Revised 155
Code. 156

(D) For the 2016-2017 school year and each school year 157
thereafter, the student is in any of grades kindergarten through 158
three, is enrolled in a school building that is operated by the 159
student's resident district or will be enrolling in any of grades 160
kindergarten through twelve in this state for the first time in 161
the school year for which a scholarship is sought, and to which 162
both of the following apply: 163

(1) The building, in at least two of the three most recent 164
ratings of school buildings published prior to the first day of 165
July of the school year for which a scholarship is sought, 166
received a grade of "D" or "F" for making progress in improving 167
literacy in grades kindergarten through three under division 168
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code; 169

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(2) The building did not receive a grade of "A" for making 170
progress in improving literacy in grades kindergarten through 171
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of 172
the Revised Code in the most recent rating published prior to the 173
first day of July of the school year for which a scholarship is 174
sought. 175

(E) The student's resident district is subject to section 176

3302.10 of the Revised Code and the student either: 177

(1) Is enrolled in a school building operated by the resident 178

district or in a community school established under Chapter 3314. 179
of the Revised Code; 180

(2) Will be both enrolling in any of grades kindergarten 181

through twelve in this state for the first time and at least five 182
years of age by the first day of January of the school year for 183
which a scholarship is sought. 184

(F) A student who receives a scholarship under the 185

educational choice scholarship pilot program remains an eligible 186
student and may continue to receive scholarships in subsequent 187
school years until the student completes grade twelve, so long as 188
all of the following apply: 189

(1) The student's resident district remains the same, or the 190
student transfers to a new resident district and otherwise would 191
be assigned in the new resident district to a school building 192
described in division (A)(1), (B)(1), (D), or (E) of this section. 193

(2) Except as provided in divisions (K)(1) and (L) of section 194

3301.0711 of the Revised Code, the student takes each assessment 195
prescribed for the student's grade level under section 3301.0710 196
or 3301.0712 of the Revised Code while enrolled in a chartered 197
nonpublic school. 198

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(3) In each school year that the student is enrolled in a 199

chartered nonpublic school, the student is absent from school for 200
not more than twenty days that the school is open for instruction, 201
not including excused absences. 202

(G)(1) The department shall cease awarding first-time 203

scholarships pursuant to divisions (A)(1) to (4) of this section 204
with respect to a school building that, in the most recent ratings 205
of school buildings published under section 3302.03 of the Revised 206
Code prior to the first day of July of the school year, ceases to 207
meet the criteria in division (A)(1) of this section. The 208
department shall cease awarding first-time scholarships pursuant 209
to division (A)(5) of this section with respect to a school 210
district that, in the most recent ratings of school districts 211
published under section 3302.03 of the Revised Code prior to the 212
first day of July of the school year, ceases to meet the criteria 213
in division (A)(5) of this section. 214

(2) The department shall cease awarding first-time 215

scholarships pursuant to divisions (B)(1) to (4) of this section 216
with respect to a school building that, in the most recent ratings 217
of school buildings under section 3302.03 of the Revised Code 218
prior to the first day of July of the school year, ceases to meet 219
the criteria in division (B)(1) of this section. 220

(3) The department shall cease awarding first-time 221

scholarships pursuant to division (D) of this section with respect 222
to a school building that, in the most recent ratings of school 223
buildings under section 3302.03 of the Revised Code prior to the 224
first day of July of the school year, ceases to meet the criteria 225
in division (D) of this section. 226

(4) The department shall cease awarding first-time 227

scholarships pursuant to division (E) of this section with respect 228

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229
to a school district subject to section 3302.10 of the Revised
230
Code when the academic distress commission established for the
231
district ceases to exist.

(5) However, students who have received scholarships in the 232

prior school year remain eligible students pursuant to division 233
(F) of this section. 234

(H) The state board of education shall adopt rules defining 235
excused absences for purposes of division (F)(3) of this section. 236

(I)(1) A student who satisfies only the conditions prescribed 237

in divisions (A)(1) to (4) of this section shall not be eligible 238
for a scholarship if the student's resident building meets any of 239
the following in the most recent rating under section 3302.03 of 240
the Revised Code published prior to the first day of July of the 241
school year for which a scholarship is sought: 242

(a) The building has an overall designation of excellent or 243

effective under section 3302.03 of the Revised Code as it existed 244
prior to March 22, 2013. 245

(b) For the 2012-2013, 2013-2014, 2014-2015, or 2015-2016 246

school year, the building has a grade of "A" or "B" for the 247
performance index score under division (A)(1)(b) or (B)(1)(b) of 248
section 3302.03 of the Revised Code and for the value-added 249
progress dimension under division (A)(1)(e) or (B)(1)(e) of 250
section 3302.03 of the Revised Code; or if the building serves 251
only grades ten through twelve, the building received a grade of 252
"A" or "B" for the performance index score under division 253
(A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and 254
had a four-year adjusted cohort graduation rate of greater than or 255
equal to seventy-five per cent. 256

(c) For the 2016-2017 school year or any school year 257

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thereafter, the building has a grade of "A" or "B" under division
259
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"
260
for the value-added progress dimension under division (C)(1)(e) of
261
section 3302.03 of the Revised Code; or if the building serves
262
only grades ten through twelve, the building received a grade of
263
"A" or "B" for the performance index score under division
264
(C)(1)(b) of section 3302.03 of the Revised Code and had a
265
four-year adjusted cohort graduation rate of greater than or equal
266
to seventy-five per cent.

(2) A student who satisfies only the conditions prescribed in 267

division (A)(5) of this section shall not be eligible for a 268
scholarship if the student's resident district meets any of the 269
following in the most recent rating under section 3302.03 of the 270
Revised Code published prior to the first day of July of the 271
school year for which a scholarship is sought: 272

(a) The district has an overall designation of excellent or 273

effective under section 3302.03 of the Revised Code as it existed 274
prior to March 22, 2013. 275

(b) The district has a grade of "A" or "B" for the 276
performance index score under division (A)(1)(b) or (B)(1)(b) of 277
section 3302.03 of the Revised Code and for the value-added 278
progress dimension under division (A)(1)(e) or (B)(1)(e) of 279
section 3302.03 of the Revised Code for the 2012-2013, 2013-2014, 280
2014-2015, and 2015-2016 school years. 281

(c) The district has an overall grade of "A" or "B" under 282
division (C)(3) of section 3302.03 of the Revised Code and a grade 283
of "A" for the value-added progress dimension under division 284
(C)(1)(e) of section 3302.03 of the Revised Code for the 2016-2017 285
school year or any school year thereafter. 286

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Sec. 3310.032. (A) A student is an "eligible student" for 287

purposes of the expansion of the educational choice scholarship 288
pilot program under this section if the student's resident 289
district is not a school district in which the pilot project 290
scholarship program is operating under sections 3313.974 to 291
3313.979 of the Revised Code, the student is not eligible for an 292
educational choice scholarship under section 3310.03 of the 293
Revised Code, and the student's family income is at or below two 294
three hundred per cent of the federal poverty guidelines, as 295
defined in section 5101.46 of the Revised Code. 296

(B) In each fiscal year for which the general assembly 297
appropriates funds for purposes of this section, the department of 298
education shall pay scholarships to attend chartered nonpublic 299
schools in accordance with section 3310.08 of the Revised Code. 300
The number of scholarships awarded under this section shall not 301
exceed the number that can be funded with appropriations made by 302
the general assembly for this purpose. 303

(C) Scholarships under this section shall be awarded as 304

follows: 305

(1) For the 2013-2014 school year, to eligible students who 306
are entering kindergarten in that school year for the first time; 307

(2) For each subsequent school year through the 2019-2020 308
school year, scholarships shall be awarded to eligible students in 309
the next grade level above the highest grade level awarded in the 310
preceding school year, in addition to the grade levels for which 311
students received scholarships in the preceding school year; 312

(3) Beginning with the 2020-2021 school year, to eligible 313

students who are entering any of grades kindergarten through 314
twelve in that school year for the first time. 315

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(D) If the number of eligible students who apply for a 316

scholarship under this section exceeds the scholarships available 317
based on the appropriation for this section, the department shall 318
award scholarships in the following order of priority: 319

(1) First, to eligible students who received scholarships 320

under this section in the prior school year; 321

(2) Second, to eligible students with family incomes at or 322

below one hundred per cent of the federal poverty guidelines. If 323
the number of students described in division (D)(2) of this 324
section who apply for a scholarship exceeds the number of 325
available scholarships after awards are made under division (D)(1) 326
of this section, the department shall select students described in 327
division (D)(2) of this section by lot to receive any remaining 328
scholarships. 329

(3) Third, to other eligible students who qualify under this 330
section. If the number of students described in division (D)(3) of 331
this section exceeds the number of available scholarships after 332
awards are made under divisions (D)(1) and (2) of this section, 333
the department shall select students described in division (D)(3) 334
of this section by lot to receive any remaining scholarships. 335

(E) Subject to divisions (E)(1) to (3) of this section, a 336

student who receives a scholarship under this section remains an 337
eligible student and may continue to receive scholarships under 338
this section in subsequent school years until the student 339
completes grade twelve, so long as the student satisfies the 340
conditions specified in divisions (F)(2) and (3) of section 341
3310.03 of the Revised Code. 342

Once a scholarship is awarded under this section, the student 343

shall remain eligible for that scholarship for the current school 344
year and subsequent school years even if the student's family 345

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346
income rises above the amount specified in division (A) of this
347
section, provided the student remains enrolled in a chartered
348
nonpublic school, however:

(1) If the student's family income is above two three hundred 349
per cent but at or below three hundred fifty per cent of the 350
federal poverty guidelines, the student shall receive a 351
scholarship in the amount of seventy-five per cent of the full 352
scholarship amount. 353

(2) If the student's family income is above three hundred 354

fifty per cent but at or below four hundred per cent of the 355
federal poverty guidelines, the student shall receive a 356
scholarship in the amount of fifty per cent of the full 357
scholarship amount. 358

(3) If the student's family income is above four hundred per 359
cent of the federal poverty guidelines, the student is no longer 360
eligible to receive an educational choice scholarship. 361

Sec. 3310.033. Notwithstanding anything to the contrary in 362

Chapter 3310. of the Revised Code, the department of education 363
shall use the list of school buildings it maintains to determine 364
student eligibility for first-time scholarships under section 365
3310.03 of the Revised Code for the 2019-2020 school year to 366
determine student eligibility for first-time scholarships under 367
that section for the 2020-2021 and 2021-2022 school years. For the 368
2020-2021 and 2021-2022 school years, the department: 369

(1) Shall not add any school building to the list, regardless 370
of the building's report card ratings under section 3302.03 of the 371
Revised Code, performance index score ranking, or whether an 372
academic distress commission is established in the building's 373
district under section 3302.10 of the Revised Code. 374

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(2) Shall remove a school building from the list if the 375
department ceases to award first-time scholarships with respect to 376
that building pursuant to division (G) of section 3310.03 of the 377
Revised Code." 378

In line 214, after "sections" insert "3310.03, 3310.032,"; 379

after "3333.16" insert a comma 380

After line 215, insert: 381

"Section 3. Sections 3310.03 and 3310.032 as amended and 382

section 3310.033 of the Revised Code as enacted by the act are 383
hereby declared to be an emergency measure necessary for the 384
immediate preservation of the public peace, health, and safety. 385
The reason for such necessity is to ensure that the changes to the 386
Educational Choice Scholarship pilot program made by the act go 387
into effect for the next school year. Therefore, those sections 388
shall go into immediate effect." 389

The motion was __________ agreed to.

SYNOPSIS

Educational Choice Scholarship eligibility 390

R.C. 3310.03, 3310.032, and 3310.033 391

Specifies that a student who would be assigned to a district 392

school building that meets certain criteria under continuing law 393
is eligible for a first-time traditional Educational Choice 394
(EdChoice) scholarship if the student completed eighth grade while 395
homeschooled or enrolled in a public or private school in the 396
prior school year, rather than completing any of grades 8 through 397
11 as under current law. 398

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Requires the Department of Education to use its 2019-2020 399

list of traditional EdChoice eligible district buildings to 400
determine student eligibility for first-time traditional EdChoice 401
scholarships for the 2020-2021 and 2021-2022 school years, except 402
that in both school years the Department is: 403

1. Prohibited from adding new buildings to the list based on 404

any state report card ratings, performance index score ranking, or 405
whether an academic distress commission is established in the 406
building's district. 407

2. Required to remove a building from the list if the 408

building ceases to be EdChoice eligible. 409

Increases the base family income eligibility criteria of the 410

income-based EdChoice Expansion program to 300%, rather than 200% 411
as under current law. 412

Specifies that a student whose family income subsequently 413

rises above the base family income must receive a 75% pro-rated 414
scholarship amount if that income is between 300% and 350%; and a 415
50% pro-rated amount if that income is between 350% and 400% 416
(rather than as under current law under which a student receives a 417
75% pro-rated amount for an income between 200% and 300% and a 50% 418
pro-rated amount for an income between 300% and 400%). 419

Declares an emergency. 420

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