Ohio Rev. Code » Chapter 3317
Ohio Revised Code

Ohio Rev. Code § 3317.01 (2026)

School foundation program; eligibility; administration of funds

✓ current as of May 2026
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Effective:
March 20, 2026
Latest Legislation:
House Bill 309 - 136th General Assembly
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As used in this section, "school district," unless otherwise specified, means any city, local, exempted village, joint vocational, or cooperative education school district and any educational service center.

This chapter shall be administered by the department of education and workforce. The department of education and workforce shall calculate the amounts payable to each school district and shall certify the amounts payable to each eligible district to the treasurer of the district as provided by this chapter. Certification of moneys pursuant to this section shall include the amounts payable to each school building, at a frequency determined by the department, for each subgroup of students, as defined in section 3317.40 of the Revised Code, receiving services, provided for by state funding, from the district or school. No moneys shall be distributed pursuant to this chapter without the approval of the controlling board.

The department shall, in accordance with appropriations made by the general assembly, meet the financial obligations of this chapter.

Moneys distributed to school districts pursuant to this chapter shall be calculated based on the annual enrollment calculated from the three reports required under section 3317.03 of the Revised Code and paid on a fiscal year basis, beginning with the first day of July and extending through the thirtieth day of June. In any given fiscal year, prior to school districts submitting the first report required under section 3317.03 of the Revised Code, enrollment for the districts shall be calculated based on the third report submitted by the districts for the previous fiscal year. The moneys appropriated for each fiscal year shall be distributed periodically to each school district unless otherwise provided for. The department, in June of each year, shall submit to the controlling board the department's year-end distributions pursuant to this chapter.

Except as otherwise provided, payments under this chapter shall be made only to those school districts in which:

(A) The school district, except for any educational service center and any joint vocational or cooperative education school district, levies for current operating expenses at least twenty mills, unless the school district is levying less than that amount due to a reduction in collections made under division (D) of section 5705.31 of the Revised Code or division (A) of section 5705.32 of the Revised Code relating to a declaration made by the board under division (E) of section 5705.29 of the Revised Code. Levies for joint vocational or cooperative education school districts or county school financing districts, limited to or to the extent apportioned to current expenses, shall be included in this qualification requirement. School district income tax levies under Chapter 5748. of the Revised Code, limited to or to the extent apportioned to current operating expenses, shall be included in this qualification requirement to the extent determined by the tax commissioner under division (C) of section 3317.021 of the Revised Code.

(B) The school year next preceding the fiscal year for which such payments are authorized meets the requirement of section 3313.48 of the Revised Code, with regard to the minimum number of hours school must be open for instruction with pupils in attendance, for individualized parent-teacher conference and reporting periods, and for professional meetings of teachers.

A school district shall not be considered to have failed to comply with this division because schools were open for instruction but either twelfth grade students were excused from attendance for up to the equivalent of three school days or only a portion of the kindergarten students were in attendance for up to the equivalent of three school days in order to allow for the gradual orientation to school of such students.

A board of education or governing board of an educational service center which has not conformed with other law and the rules pursuant thereto, shall not participate in the distribution of funds authorized by this chapter, except for good and sufficient reason established to the satisfaction of the department and the state controlling board.

All funds allocated to school districts under this chapter, except those specifically allocated for other purposes, shall be used to pay current operating expenses only.

Last updated January 20, 2026 at 11:05 AM

Notes of Decisions
Cited in 15 cases, 1972–2020 · leading case: DeRolph v. State, 677 N.E.2d 733 (Ohio 1997).
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DeRolph v. State, 677 N.E.2d 733 (Ohio 1997). · cites it 7× “4810, the emergency school assistance loan provisions; (c) R.C. 3317.01, 3317.02, 3317.022, 3317.023, 3317.”
Toledo City Sch. Dist. Bd. of Edn. v. State Bd. of Edn. (Slip Opinion), 2016 Ohio 2806 (Ohio 2016). · cites it 3× “R.C. 3317.01. One component used in the formula for calculating a school district’s funding is the district’s average daily membership (“formula ADM”).”
Elec. Classroom of Tomorrow v. Ohio Dept. of Edn. (Slip Opinion), 2018 Ohio 3126 (Ohio 2018). · cites it 2× “See R.C. 3317.01, 3317.03, and 3317.036. {¶ 44} Today’s decision demands that the General Assembly clarify its intent with regard to the question of funding for online community schools.”
State ex rel. Ohio Cong. of Parents & Teachers v. State Bd. of Educ., 857 N.E.2d 1148 (Ohio 2006). “R.C. 3317.01(A). What the DeRolph majority found so egregious was Ohio’s public schools’ heavy dependence upon local property taxes for their support.”
DeRolph v. State, 754 N.E.2d 1184 (Ohio 2001). “4810, the emergency school assistance loan provisions; “(c) R.C. 3317.01, 3317.02, 3317.022, 3317.023, 3317.”
Penick v. Columbus Bd. of Educ., 429 F. Supp. 229 (S.D. Ohio 1977). “The funds are provided by the legislature and are allocated by the Department of Education among the districts in accordance with the provisions of R.C. 3317.01 et seq. The Board disburses substantial federal funds to districts which qualify under different federal programs.”
Wolman v. Essex, 342 F. Supp. 399 (S.D. Ohio 1972). · cites it 2× “Section 3317.01 represents Ohio’s general commitment to assist the various school districts located in the State.”
Brinkman v. Gilligan, 610 F. Supp. 1288 (S.D. Ohio 1985). · cites it 2× “Ohio Rev.Code § 3317.01. “[T]he state defendants admitted that, although having the power to do so, they never promulgated minimum standards regarding racial segregation of pupils, faculty, staff, or use of facilities.”
DeRolph v. State, 1997 Ohio 84 (Ohio 1997). · cites it 8× “4810, the emergency school assistance loan provisions; (c) R.C. 3317.01, 3317.02, 3317.022, 3317.023, 3317.”
Erie Cty. Bd. of Edn. v. Rhodes, 477 N.E.2d 1171 (Ohio Ct. App. 1984). · cites it 2× “” R.C. 3317.01 provides that the State Board of Education shall administer the school foundation program pursuant to R.”
Bd. of Educ. v. Gilligan, 301 N.E.2d 911 (Ohio Ct. App. 1973). · cites it 2× “Ohio Revised Code Sections 3317.01 and 3317.02 were enacted subsequent to the enactment of Section 125.”
Cuyahoga Falls City Sch. Dist. Bd. of Educ. v. Ohio Dep't of Educ., 693 N.E.2d 841 (Ohio Ct. App. 1997). · cites it 2× “R.C. 3317.01, at the fifth paragraph, provides: “Moneys distributed pursuant to this chapter shall be calculated and paid on a fiscal year basis, beginning with the first day of July and extending through the *555 thirtieth day of June.”
Show all 15 citing cases →
— Ohio Rev. Code § 3317.01(A) — 3 cases
DeRolph v. State, 677 N.E.2d 733 (Ohio 1997). “4810, the emergency school assistance loan provisions; (c) R.C. 3317.01, 3317.02, 3317.022, 3317.023, 3317.”
State ex rel. Ohio Cong. of Parents & Teachers v. State Bd. of Educ., 857 N.E.2d 1148 (Ohio 2006). “R.C. 3317.01(A). What the DeRolph majority found so egregious was Ohio’s public schools’ heavy dependence upon local property taxes for their support.”
DeRolph v. State, 1997 Ohio 84 (Ohio 1997). “4810, the emergency school assistance loan provisions; (c) R.C. 3317.01, 3317.02, 3317.022, 3317.023, 3317.”
— Ohio Rev. Code § 3317.01(B) — 1 case
State ex rel. Cleveland Bd. of Educ. v. State Bd. of Educ., 464 N.E.2d 137 (Ohio 1984).
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