SB 44: Allow students to concurrently receive certain state scholarships

As Re-Referred to the Senate Finance Committee

136th General Assembly Regular Session S. B. No. 44 2025-2026

Senator O'Brien

Cosponsors: Senators Cirino, Schaffer, Brenner

A B I L L

To amend sections 3310.034, 3310.51, and 3310.52 of 1

the Revised Code to permit students to 2
concurrently receive an Educational Choice 3
scholarship or Pilot Project scholarship and 4
either an Autism or Jon Peterson Special Needs 5
scholarship and to make an appropriation. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3310.034, 3310.51, and 3310.52 of 7
the Revised Code be amended to read as follows: 8

ec. 3310.034. (A) As used in this section: 9

(1) "State scholarship" means any of the following: 10

(a) The educational choice scholarship pilot program under 11
section 3310.03 of the Revised Code; 12
(b) The expansion of the educational choice scholarship 13
pilot program under section 3310.032 of the Revised Code; 14
(c) The pilot project scholarship program under sections 15
3313.974 to 3313.979 of the Revised Code. 16

S. B. No. 44 As Re-Referred to the Senate Finance Committee

(2) "Qualifying student" means a student who is eligible 17
for a state scholarship. 18
(B) Notwithstanding anything in the Revised Code to the 19
contrary, a qualifying student may receive in the same school 20
year both a state scholarship for which the student is eligible 21
and a scholarship under one of the following programs, so long 22
as the student is eligible for that program: 23
(1) The autism scholarship program established under 24
section 3310.41 of the Revised Code; 25
(2) The Jon Peterson special needs scholarship program 26
established under sections 3310.51 to 3310.64 of the Revised 27
Code. 28
The amount a student receives under both scholarships 29
shall not exceed the total amount paid for services or tuition 30
and fees provided to a student under those scholarships. 31
If a student receives both a state scholarship and a Jon 32
Peterson special needs scholarship, the student shall only use 33
the Jon Peterson special needs scholarship to pay for fees for 34
the student's special education program in accordance with 35
section 3310.52 of the Revised Code. Such student shall not use 36
the Jon Peterson special needs scholarship to pay for tuition at 37
the provider that operates the student's special education 38
program. 39
(C) Notwithstanding anything in section 3310.03 of the 40
Revised Code to the contrary, a student who is the recipient of 41
an autism scholarship under section 3310.41 of the Revised Code 42
or a Jon Peterson special needs scholarship under section 43
3310.52 of the Revised Code but who is no longer in need of 44
special education and related services under Chapter 3323. of 45

S. B. No. 44 As Re-Referred to the Senate Finance Committee

the Revised Code and, therefore, is no longer eligible to 46
receive that scholarship may be considered an "eligible student" 47
for purposes of the educational choice scholarship pilot program 48
under section 3310.03 of the Revised Code, regardless of whether 49
the student is enrolled in a school building described in 50
division (A)(1) or (C) of that section. 51
(B) (D) A student described in division (A) of this 52
section who receives a state scholarship under section 3310.03 53
of the Revised Code remains an eligible student and may continue 54
to receive that scholarship in subsequent school years until the 55
student completes grade twelve, so long as the student satisfies 56
one of the following conditions: 57
(1) The student receives a scholarship established under 58
section 3310.03, 3310.032, or sections 3313.974 to 3313.979 of 59
the Revised Code as described in division (B) of this section 60
and continues to meet the eligibility criteria for that 61
scholarship; 62
(2) The student receives a scholarship established under 63
section 3310.03 of the Revised Code pursuant to division (C) of 64
this section and satisfies the requirements specified in 65
divisions (D)(2) and (3) of section 3310.03 of the Revised Code. 66
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of 67
the Revised Code: 68
(A) "Alternative public provider" means either of the 69
following providers that agrees to enroll a child in the 70
provider's special education program to implement the child's 71
individualized education program and to which the eligible 72
applicant owes fees for the services provided to the child: 73
(1) A school district that is not the school district in 74

S. B. No. 44 As Re-Referred to the Senate Finance Committee

which the child is entitled to attend school or the child's 75
school district of residence, if different; 76
(2) A public entity other than a school district. 77
(B) "Child with a disability" and "individualized 78
education program" have the same meanings as in section 3323.01 79
of the Revised Code. 80
(C) "Eligible applicant" means any of the following: 81
(1) Either of the natural or adoptive parents of a 82
qualified special education child, except as otherwise specified 83
in this division. When the marriage of the natural or adoptive 84
parents of the student has been terminated by a divorce, 85
dissolution of marriage, or annulment, or when the natural or 86
adoptive parents of the student are living separate and apart 87
under a legal separation decree, and a court has issued an order 88
allocating the parental rights and responsibilities with respect 89
to the child, "eligible applicant" means the residential parent 90
as designated by the court. If the court issues a shared 91
parenting decree, "eligible applicant" means either parent. 92
"Eligible applicant" does not mean a parent whose custodial 93
rights have been terminated. 94
(2) The custodian of a qualified special education child, 95
when a court has granted temporary, legal, or permanent custody 96
of the child to an individual other than either of the natural 97
or adoptive parents of the child or to a government agency; 98
(3) The guardian of a qualified special education child, 99
when a court has appointed a guardian for the child; 100
(4) The grandparent of a qualified special education 101
child, when the grandparent is the child's attorney in fact 102
under a power of attorney executed under sections 3109.51 to 103

S. B. No. 44 As Re-Referred to the Senate Finance Committee

3109.62 of the Revised Code or when the grandparent has executed 104
a caretaker authorization affidavit under sections 3109.65 to 105
3109.73 of the Revised Code; 106
(5) The surrogate parent appointed for a qualified special 107
education child pursuant to division (B) of section 3323.05 and 108
section 3323.051 of the Revised Code; 109
(6) A qualified special education child, if the child does 110
not have a custodian or guardian and the child is at least 111
eighteen years of age. 112
(D) "Entitled to attend school" means entitled to attend 113
school in a school district under sections 3313.64 and 3313.65 114
of the Revised Code. 115
(E) "Formula ADM" has the same meaning as in section 116
3317.02 of the Revised Code. 117
(F) "Qualified special education child" is a child for 118
whom all of the following conditions apply: 119
(1) The child is at least five years of age and less than 120
twenty-two years of age. 121
(2) The school district in which the child is entitled to 122
attend school, or the child's school district of residence if 123
different, has identified the child as a child with a 124
disability. 125
(3) The school district in which the child is entitled to 126
attend school, or the child's school district of residence if 127
different, has developed an individualized education program 128
under Chapter 3323. of the Revised Code for the child. 129
(4) The child either: 130

S. B. No. 44 As Re-Referred to the Senate Finance Committee

(a) Was enrolled in the schools of the school district in 131
which the child is entitled to attend school in any grade from 132
kindergarten through twelve in the school year prior to the 133
school year in which a scholarship is first sought for the 134
child; 135
(b) Is eligible to enter school in any grade kindergarten 136
through twelve in the school district in which the child is 137
entitled to attend school in the school year in which a 138
scholarship is first sought for the child. 139
(5) The department of education and workforce has not 140
approved a scholarship for the child under the educational 141
choice scholarship pilot program, under sections 3310.01 to 142
3310.17 of the Revised Code, the autism scholarship program, 143
under section 3310.41 of the Revised Code, or the pilot project 144
scholarship program, under sections 3313.974 to 3313.979 of the 145
Revised Code for the same school year in which a scholarship 146
under the Jon Peterson special needs scholarship program is 147
sought. 148
(6) The child and the child's parents are in compliance 149
with the state compulsory attendance law under Chapter 3321. of 150
the Revised Code. 151
(G) "Registered private provider" means a nonpublic school 152
or other nonpublic entity that has been registered by the 153
superintendent of public instruction under section 3310.58 of 154
the Revised Code prior to the effective date of this amendment 155
October 3, 2023, or the department of education and workforce on 156
or after that date. 157
(H) "Scholarship" means a scholarship awarded under the 158
Jon Peterson special needs scholarship program pursuant to 159

S. B. No. 44 As Re-Referred to the Senate Finance Committee

ns 3310.51 to 3310.64 of the Revised Code. 160

(I) "School district of residence" has the same meaning as 161
in section 3323.01 of the Revised Code. A community school 162
established under Chapter 3314. of the Revised Code is not a 163
"school district of residence" for purposes of sections 3310.51 164
to 3310.64 of the Revised Code. 165
(J) "School year" has the same meaning as in section 166
3313.62 of the Revised Code. 167
(K) "Special education program" means a school or facility 168
that provides special education and related services to children 169
with disabilities. 170
Sec. 3310.52. (A) The Jon Peterson special needs 171
scholarship program is hereby established. Under the program, 172
beginning with the 2012-2013 school year, subject to division 173
(B) of this section, the department of education and workforce 174
annually shall pay a scholarship under section 3317.022 of the 175
Revised Code to an eligible applicant for services provided by 176
an alternative public provider or a registered private provider 177
for a qualified special education child. The Except as provided 178
in division (E) of this section, the scholarship shall be used 179
only to pay all or part of the fees for the child to attend the 180
special education program operated by the alternative public 181
provider or registered private provider to implement the child's 182
individualized education program, in lieu of the child's 183
attending the special education program operated by the school 184
district in which the child is entitled to attend school, and 185
other services agreed to by the provider and eligible applicant 186
that are not included in the individualized education program 187
but are associated with educating the child. Beginning in the 188
2014-2015 school year, if the child is receiving special 189

S. B. No. 44 As Re-Referred to the Senate Finance Committee

education services for a disability specified in division (A) of 190
section 3317.013 of the Revised Code, the scholarship shall be 191
used only to pay for related services that are included in the 192
child's individualized education program. Upon agreement with 193
the eligible applicant, the alternative public provider or 194
registered private provider may modify the services provided to 195
the child. 196
Services provided through the program established under 197
this section may be provided virtually by qualified, 198
credentialed providers in accordance with standards established 199
by the department. 200
(B) The number of scholarships awarded under the program 201
in any fiscal year shall not exceed five per cent of the total 202
number of students residing in the state identified as children 203
with disabilities during the previous fiscal year. 204
(C) The department shall pay a scholarship under section 205
3317.022 of the Revised Code to the parent of each qualified 206
special education child, unless the parent authorizes a direct 207
payment to the child's provider, upon application of that parent 208
in the manner prescribed by the department. However, the 209
department shall not adopt specific dates for application 210
deadlines for scholarships under the program. 211
(D) The department shall not require the parent of a 212
student who applies for or receives a scholarship under this 213
section to complete any kind of income verification regarding 214
the student's family income. 215
(E) A scholarship awarded under this section to a 216
qualified special education child who does not receive a state 217
scholarship, as defined in section 3310.034 of the Revised Code, 218

S. B. No. 44 As Re-Referred to the Senate Finance Committee

in accordance with that section may be applied to the child's 219
tuition at an alternative public provider or registered private 220
provider if any amount of the scholarship remains after paying 221
the child's fees for attending a special education program 222
operated by that provider. 223

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 226
as designated out of any moneys in the state treasury to the 227
credit of the designated fund. For all operating appropriations 228
made in this act, those in the first column are for fiscal year 229
2026 and those in the second column are for fiscal year 2027. 230
The operating appropriations made in this act are in addition to 231
any other operating appropriations made for these fiscal years. 232

Section 4.

A EDU DEPARTMENT OF EDUCATION AND WORKFORCE
B General Revenue Fund
C GRF 200550 Foundation Funding - All \$42,000,000 \$42,000,000 Students
D TOTAL GRF General Revenue Fund \$42,000,000 \$42,000,000 E TOTAL ALL BUDGET FUND GROUPS \$42,000,000 \$42,000,000

Section 5. Within the limits set forth in this act, the 235
Director of Budget and Management shall establish accounts 236
indicating the source and amount of funds for each appropriation 237

S. B. No. 44 As Re-Referred to the Senate Finance Committee

made in this act, and shall determine the manner in which 238
appropriation accounts shall be maintained. Expenditures from 239
operating appropriations contained in this act shall be 240
accounted for as though made in, and are subject to all 241
applicable provisions of the main operating budget of the 136th 242
General Assembly. 243