Terms Used In Ohio Code 3321.01
- Child: includes child by adoption. See Ohio Code 1.59
- guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legislative authority of the United States of America. See Ohio Code 1.59
- the state: means the state of Ohio. See Ohio Code 1.59
(1) As used in this chapter, “parent,” “guardian,” or “other person having charge or care of a child” means either parent unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case “parent” means the parent who is the residential parent and legal custodian of the child. If the child is in the legal or permanent custody of a person or government agency, “parent” means that person or government agency. When a child is a resident of a home, as defined in section 3313.64 of the Revised Code, and the child’s parent is not a resident of this state, “parent,” “guardian,” or “other person having charge or care of a child” means the head of the home.
A child between six and eighteen years of age is “of compulsory school age” for the purpose of sections 3321.01 to 3321.13 of the Revised Code. A child under six years of age who has been enrolled in kindergarten also shall be considered “of compulsory school age” for the purpose of sections 3321.01 to 3321.13 of the Revised Code unless at any time the child’s parent or guardian, at the parent’s or guardian’s discretion and in consultation with the child’s teacher and principal, formally withdraws the child from kindergarten. The compulsory school age of a child shall not commence until the beginning of the term of such schools, or other time in the school year fixed by the rules of the board of the district in which the child resides.
(2) In a district in which all children are admitted to kindergarten and the first grade in August or September , a child shall be admitted if the child is five or six years of age, respectively, by the thirtieth day of September of the year of admittance, or by the first day of a term or semester other than one beginning in August or September in school districts granting admittance at the beginning of such term or semester. A child who does not meet the age requirements of this section for admittance to kindergarten or first grade, but who will be five or six years old, respective, prior to the first day of January of the school year in which admission is requested, shall be evaluated for early admittance in accordance with district policy upon referral by the child’s parent or guardian, an educator employed by the district, a preschool educator who knows the child, or a pediatrician or psychologist who knows the child. Following an evaluation in accordance with a referral under this section, the district board shall decide whether to admit the child. If a child for whom admission to kindergarten or first grade is requested will not be five or six years of age, respectively, prior to the first day of January of the school year in which admission is requested, the child shall be admitted only in accordance with the district’s acceleration policy adopted under section 3324.10 of the Revised Code.
(3) Notwithstanding division (A)(2) of this section, beginning with the school year that starts in 2001 and continuing thereafter the board of education of any district may adopt a resolution establishing the first day of August in lieu of the thirtieth day of September as the required date by which students must have attained the age specified in that division.
(4) After a student has been admitted to kindergarten in a school district or chartered nonpublic school, no board of education of a school district to which the student transfers shall deny that student admission based on the student’s age.
(B) As used in division (C) of this section, “successfully completed kindergarten” means that the child has completed the kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter 5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a teacher who holds one of the following:
(i) A valid educator license issued under section 3319.22 of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate diploma granted by the American Montessori society or the association Montessori internationale;
(iii) Certification determined under division (F) of this section to be equivalent to that described in division (B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported schools pursuant to section 3301.071 of the Revised Code.
(1) Except as provided in division (A)(2) of this section, no school district shall admit to the first grade any child who has not successfully completed kindergarten.
(2) Notwithstanding division (A)(2) of this section, any student who has successfully completed kindergarten in accordance with section (B) of this section shall be admitted to first grade.
(D) The scheduling of times for kindergarten classes and length of the school day for kindergarten shall be determined by the board of education of a city, exempted village, or local school district.
(E) Any kindergarten class offered by a day-care provider or school described by division (B)(1) or (B)(2)(a) of this section shall be developmentally appropriate.
(F) Upon written request of a day-care provider described by division (B)(2)(a) of this section, the department of education shall determine whether certification held by a teacher employed by the provider meets the requirement of division (B)(2)(b)(iii) of this section and, if so, shall furnish the provider a statement to that effect.
(G) As used in this division, “all-day kindergarten” has the same meaning as in section 3321.05 of the Revised Code.
(1) A school district that is offering all-day kindergarten for the first time or that charged fees or tuition for all-day kindergarten in the 2012-2013 school year may charge fees or tuition for a student enrolled in all-day kindergarten in any school year following the 2012-2013 school year. The department shall adjust the district’s average daily membership certification under section 3317.03 of the Revised Code by one-half of the full-time equivalency for each student charged fees or tuition for all-day kindergarten under this division. If a district charges fees or tuition for all-day kindergarten under this division, the district shall develop a sliding fee scale based on family incomes.
(2) The department of education shall conduct an annual survey of each school district described in division (G)(1) of this section to determine the following:
(a) Whether the district charges fees or tuition for students enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c) How many of the students for whom tuition is charged are eligible for free lunches under the “National School Lunch Act,” 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1771, as amended, and how many of the students for whom tuition is charged are eligible for reduced price lunches under those acts;
(d) How many students are enrolled in traditional half-day kindergarten rather than all-day kindergarten.
Each district shall report to the department, in the manner prescribed by the department, the information described in divisions (G)(2)(a) to (d) of this section.
The department shall issue an annual report on the results of the survey and shall post the report on its web site. The department shall issue the first report not later than April 30, 2008, and shall issue a report not later than the thirtieth day of April each year thereafter.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Amended by 129th General AssemblyFile No.128, SB 316, §101.01, eff. 9/24/2012.
Amended by 129th General AssemblyFile No.8, HB 30, §1, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 10/16/2009.
Effective Date: 09-05-2001; 2007 HB190 11-14-2007