As Introduced
136th General Assembly
Regular Session S. B. No. 44
2025-2026
Senator O'Brien
Cosponsors: Senators Cirino, Schaffer, Brenner
A B I LL
To amend sections 3310.034 , 3310.51, and 3310.52 of
the Revised Code to permit students to
concurrently receive an Educational Choice
scholarship or Pilot Project scholarship and
either an Autism or Jon Peterson Special Needs
scholarship and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3310.034 , 3310.51, and 3310.52 of
the Revised Code be amended to read as follows:
Sec. 3310.034. (A) As used in this section:
(1) "State scholarship" means any of the following:
(a) The educational choice scholarship pilot program under
section 3310.03 of the Revised Code;
(b) The expansion of the educational choice scholarship
pilot program under section 3310.032 of the Revised Code;
(c) The pilot project scholarship program under sections
3313.974 to 3313.979 of the Revised Code.
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(2) "Qualifying student" means a student who is eligible
for a state scholarship.
(B) Notwithstanding anything in the Revised Code to the
contrary, a qualifying student may receive in the same school
year both a state scholarship for which the student is eligible
and a scholarship under one of the following programs, so long
as the student is eligible for that program:
(1) The autism scholarship program established under
section 3310.41 of the Revised Code;
(2) The Jon Peterson special needs scholarship program
established under sections 3310.51 to 3310.64 of the Revised
Code.
The amount a student receives under both scholarships
shall not exceed the total amount paid for services or tuition
and fees provided to a student under those scholarships.
If a student receives both a state scholarship and a Jon
Peterson special needs scholarship, the student shall only use
the Jon Peterson special needs scholarship to pay for fees for
the student's special education program in accordance with
section 3310.52 of the Revised Code. Such student shall not use
the Jon Peterson special needs scholarship to pay for tuition at
the provider that operates the student's special education
program.
(C) Notwithstanding anything in section 3310.03 of the
Revised Code to the contrary, a student who is the recipient of
an autism scholarship under section 3310.41 of the Revised Code
or a Jon Peterson special needs scholarship under section
3310.52 of the Revised Code but who is no longer in need of
special education and related services under Chapter 3323. of
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the Revised Code and, therefore, is no longer eligible to
receive that scholarship may be considered an "eligible student"
for purposes of the educational choice scholarship pilot program
under section 3310.03 of the Revised Code, regardless of whether
the student is enrolled in a school building described in
division (A)(1) or (C) of that section.
(B) (D) A student described in division (A) of this
section who receives a state scholarship under section 3310.03
of the Revised Code remains an eligible student and may continue
to receive that scholarship in subsequent school years until the
student completes grade twelve, so long as the student satisfies
one of the following conditions:
(1) The student receives a scholarship established under
section 3310.03, 3310.032, or sections 3313.974 to 3313.979 of
the Revised Code as described in division (B) of this section
and continues to meet the eligibility criteria for that
scholarship;
(2) The student receives a scholarship established under
section 3310.03 of the Revised Code pursuant to division (C) of
this section and satisfies the requirements specified in
divisions (D)(2) and (3) of section 3310.03 of the Revised Code.
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of
the Revised Code:
(A) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the eligible
applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in
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which the child is entitled to attend school or the child's
school district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a
qualified special education child, except as otherwise specified
in this division. When the marriage of the natural or adoptive
parents of the student has been terminated by a divorce,
dissolution of marriage, or annulment, or when the natural or
adoptive parents of the student are living separate and apart
under a legal separation decree, and a court has issued an order
allocating the parental rights and responsibilities with respect
to the child, "eligible applicant" means the residential parent
as designated by the court. If the court issues a shared
parenting decree, "eligible applicant" means either parent.
"Eligible applicant" does not mean a parent whose custodial
rights have been terminated.
(2) The custodian of a qualified special education child,
when a court has granted temporary, legal, or permanent custody
of the child to an individual other than either of the natural
or adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child,
when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education
child, when the grandparent is the child's attorney in fact
under a power of attorney executed under sections 3109.51 to
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3109.62 of the Revised Code or when the grandparent has executed
a caretaker authorization affidavit under sections 3109.65 to
3109.73 of the Revised Code;
(5) The surrogate parent appointed for a qualified special
education child pursuant to division (B) of section 3323.05 and
section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does
not have a custodian or guardian and the child is at least
eighteen years of age.
(D) "Entitled to attend school" means entitled to attend
school in a school district under sections 3313.64 and 3313.65
of the Revised Code.
(E) "Formula ADM" has the same meaning as in section
3317.02 of the Revised Code.
(F) "Qualified special education child" is a child for
whom all of the following conditions apply:
(1) The child is at least five years of age and less than
twenty-two years of age.
(2) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has identified the child as a child with a
disability.
(3) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(4) The child either:
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(a) Was enrolled in the schools of the school district in
which the child is entitled to attend school in any grade from
kindergarten through twelve in the school year prior to the
school year in which a scholarship is first sought for the
child;
(b) Is eligible to enter school in any grade kindergarten
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship is first sought for the child.
(5) The department of education and workforce has not
approved a scholarship for the child under the educational
choice scholarship pilot program, under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program,
under section 3310.41 of the Revised Code, or the pilot project
scholarship program, under sections 3313.974 to 3313.979 of the
Revised Code for the same school year in which a scholarship
under the Jon Peterson special needs scholarship program is
sought.
(6) The child and the child's parents are in compliance
with the state compulsory attendance law under Chapter 3321. of
the Revised Code.
(G) "Registered private provider" means a nonpublic school
or other nonpublic entity that has been registered by the
superintendent of public instruction under section 3310.58 of
the Revised Code prior to the effective date of this amendment
October 3, 2023, or the department of education and workforce on
or after that date.
(H) "Scholarship" means a scholarship awarded under the
Jon Peterson special needs scholarship program pursuant to
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sections 3310.51 to 3310.64 of the Revised Code.
(I) "School district of residence" has the same meaning as
in section 3323.01 of the Revised Code. A community school
established under Chapter 3314. of the Revised Code is not a
"school district of residence" for purposes of sections 3310.51
to 3310.64 of the Revised Code.
(J) "School year" has the same meaning as in section
3313.62 of the Revised Code.
(K) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
Sec. 3310.52. (A) The Jon Peterson special needs
scholarship program is hereby established. Under the program,
beginning with the 2012-2013 school year, subject to division
(B) of this section, the department of education and workforce
annually shall pay a scholarship under section 3317.022 of the
Revised Code to an eligible applicant for services provided by
an alternative public provider or a registered private provider
for a qualified special education child. The Except as provided
in division (E) of this section, the scholarship shall be used
only to pay all or part of the fees for the child to attend the
special education program operated by the alternative public
provider or registered private provider to implement the child's
individualized education program, in lieu of the child's
attending the special education program operated by the school
district in which the child is entitled to attend school, and
other services agreed to by the provider and eligible applicant
that are not included in the individualized education program
but are associated with educating the child. Beginning in the
2014-2015 school year, if the child is receiving special
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education services for a disability specified in division (A) of
section 3317.013 of the Revised Code, the scholarship shall be
used only to pay for related services that are included in the
child's individualized education program. Upon agreement with
the eligible applicant, the alternative public provider or
registered private provider may modify the services provided to
the child.
Services provided through the program established under
this section may be provided virtually by qualified,
credentialed providers in accordance with standards established
by the department.
(B) The number of scholarships awarded under the program
in any fiscal year shall not exceed five per cent of the total
number of students residing in the state identified as children
with disabilities during the previous fiscal year.
(C) The department shall pay a scholarship under section
3317.022 of the Revised Code to the parent of each qualified
special education child, unless the parent authorizes a direct
payment to the child's provider, upon application of that parent
in the manner prescribed by the department. However, the
department shall not adopt specific dates for application
deadlines for scholarships under the program.
(D) The department shall not require the parent of a
student who applies for or receives a scholarship under this
section to complete any kind of income verification regarding
the student's family income.
(E) A scholarship awarded under this section to a
qualified special education child who does not receive a state
scholarship, as defined in section 3310.034 of the Revised Code,
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in accordance with that section may be applied to the child's
tuition at an alternative public provider or registered private
provider if any amount of the scholarship remains after paying
the child's fees for attending a special education program
operated by that provider.
Section 2. That existing sections 3310.034 , 3310.51, and
3310.52 of the Revised Code are hereby repealed.
Section 3. All items in this act are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the designated fund. For all operating appropriations
made in this act, those in the first column are for fiscal year
2026 and those in the second column are for fiscal year 2027.
The operating appropriations made in this act are in addition to
any other operating appropriations made for these fiscal years.
Section 4.
1 2 3 4 5
A EDU DEPARTMENT OF EDUCATION AND WORKFORCE
BGeneral Revenue Fund
CGRF200550Foundation Funding - All
Students
$42,000,000 $42,000,000
DTOTAL GRF General Revenue Fund $42,000,000 $42,000,000
ETOTAL ALL BUDGET FUND GROUPS $42,000,000 $42,000,000
Section 5. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
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made in this act, and shall determine the manner in which
appropriation accounts shall be maintained. Expenditures from
operating appropriations contained in this act shall be
accounted for as though made in, and are subject to all
applicable provisions of the main operating budget of the 136th
General Assembly.
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