As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                   H. B. No. 32  5            

      1999-2000                                                    6            


  REPRESENTATIVES JOLIVETTE-HAINES-HARRIS-HOUSEHOLDER-GRENDELL-    8            

       MOTTLEY-OLMAN-SCHULER-STAPLETON-TERWILLEGER-JONES-          9            

                             PATTON                                10           


                                                                   11           

                           A   B I L L                                          

             To amend sections 3313.642, 3317.029, 3329.01, and    13           

                3329.03 to 3329.10 of the Revised Code to permit   15           

                school districts to purchase electronic textbooks               

                under the same conditions as textbooks are         17           

                purchased and to permit school districts to        18           

                furnish electronic textbooks to students in lieu   19           

                of traditional textbooks provided the electronic   20           

                textbooks are furnished free of charge.            22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 3313.642, 3317.029, 3329.01,       25           

3329.03, 3329.04, 3329.05, 3329.06, 3329.07, 3329.08, 3329.09,     27           

and 3329.10 of the Revised Code be amended to read as follows:     29           

      Sec. 3313.642.  (A)  Except as provided in division (B) of   39           

this section and notwithstanding the provisions of sections        40           

3313.48 and 3313.64 of the Revised Code, the board of education    41           

of a city, exempted village, or local school district shall not    42           

be required to furnish, free of charge, to the pupils attending    43           

the public schools any materials used in a course of instruction   44           

with the exception of the necessary textbooks OR ELECTRONIC                     

TEXTBOOKS required to be furnished without charge pursuant to      46           

section 3329.06 of the Revised Code.  The board may, however,      47           

make provision by appropriations transferred from the general      48           

fund of the district or otherwise for furnishing free of charge                 

any materials used in a course of instruction to such pupils as    49           

                                                          2      

                                                                 
it determines are in serious financial need of such materials.     50           

      (B)  No board of education of a school district that         52           

receives funds under section 3317.029 of the Revised Code shall    54           

charge a fee to a recipient of aid under Chapter 5107. or 5115.    55           

of the Revised Code for any materials needed to enable the         56           

recipient to participate fully in a course of instruction.  The    57           

prohibition in this division against charging a fee does not       58           

apply to any fee charged for any materials needed to enable a                   

recipient to participate fully in extracurricular activities or    59           

in any pupil enrichment program that is not a course of            60           

instruction.                                                                    

      (C)  Boards of education may adopt rules and regulations     63           

prescribing a schedule of fees for materials used in a course of   64           

instruction and prescribing a schedule of charges which may be     65           

imposed upon pupils for the loss, damage, or destruction of        66           

school apparatus, equipment, musical instruments, library          67           

material, textbooks, OR ELECTRONIC TEXTBOOKS required to be        69           

furnished without charge, and for damage to school buildings, and  70           

may enforce the payment of such fees and charges by withholding    71           

the grades and credits of the pupils concerned.                    72           

      Sec. 3317.029.  (A)  As used in this section:                81           

      (1)  "DPIA percentage" means the quotient obtained by        84           

dividing the five-year average number of children ages five to     85           

seventeen residing in the school district and living in a family   86           

receiving family assistance, as certified or adjusted under        87           

section 3317.10 of the Revised Code, by the district's three-year  88           

average formula ADM.                                                            

      (2)  "Family assistance" means assistance received under     90           

the Ohio works first program or, for the purpose of determining    92           

the five-year average number of recipients of family assistance    93           

in fiscal years 1999 through 2002, assistance received under an    94           

antecedent program known as TANF or ADC.                           95           

      (3)  "Statewide DPIA percentage" means the five-year         98           

average of the total number of children ages five to seventeen     99           

                                                          3      

                                                                 
years residing in the state and receiving family assistance,       100          

divided by the sum of the three-year average formula ADMs for all  102          

school districts in the state.                                                  

      (4)  "DPIA index" means the quotient obtained by dividing    105          

the school district's DPIA percentage by the statewide DPIA        107          

percentage.                                                                     

      (5)  "Kindergarten ADM" means the number of students         110          

reported under section 3317.03 of the Revised Code as enrolled in  111          

kindergarten.                                                      112          

      (6)  "Kindergarten through third grade ADM" means the        115          

amount calculated as follows:                                                   

      (a)  Multiply the kindergarten ADM by the sum of one plus    118          

the all-day kindergarten percentage;                               119          

      (b)  Add the number of students in grades one through        121          

three;                                                                          

      (d)(c)  Subtract from the sum calculated under division      123          

(A)(6)(c)(b) of this section the number of special education       125          

students in grades kindergarten through three.                     126          

      (7)  "Statewide average teacher salary" means thirty-nine    128          

thousand ninety-two dollars, which includes an amount for the      129          

value of fringe benefits.                                          130          

      (8)  "All-day kindergarten" means a kindergarten class that  133          

is in session five days per week for not less than the same        134          

number of clock hours each day as for pupils in grades one         135          

through six.                                                                    

      (9)  "All-day kindergarten percentage" means the percentage  137          

of a district's actual total number of students enrolled in        138          

kindergarten who are enrolled in all-day kindergarten.             139          

      (10)  "Buildings with the highest concentration of need"     141          

means the school buildings in a district with percentages of       143          

students receiving family assistance in grades kindergarten        144          

through three at least as high as the district-wide percentage of  145          

students receiving family assistance.  If, however, the            146          

information provided by the department of human services under     147          

                                                          4      

                                                                 
section 3317.10 of the Revised Code is insufficient to determine   150          

the family assistance percentage in each building, "buildings      151          

with the highest concentration of need" has the meaning given in   152          

rules that the department of education shall adopt.  The rules     153          

shall base the definition of "buildings with the highest           154          

concentration of need" on family income of students in grades      155          

kindergarten through three in a manner that, to the extent                      

possible with available data, approximates the intent of this      156          

division and division (G) of this section to designate buildings   158          

where the family assistance percentage in those grades equals or   159          

exceeds the district-wide family assistance percentage.            160          

      (B)  In addition to the amounts required to be paid to a     163          

school district under section 3317.022 of the Revised Code, a      164          

school district shall receive the greater of the amount the        165          

district received in fiscal year 1998 pursuant to division (B) of  166          

section 3317.023 of the Revised Code as it existed at that time    168          

or the sum of the computations made under divisions (C) to (E) of  169          

this section.                                                                   

      (C)  A supplemental payment that may be utilized for         171          

measures related to safety and security and for remediation or     172          

similar programs, calculated as follows:                           173          

      (1)  If the DPIA index of the school district is greater     176          

than or equal to thirty-five-hundredths, but less than one, an     177          

amount obtained by multiplying the five-year average number of     178          

pupils in a district receiving family assistance by two hundred    179          

thirty dollars;                                                    180          

      (2)  If the DPIA index of the school district is greater     183          

than or equal to one, an amount obtained by multiplying the DPIA   185          

index by two hundred thirty dollars and multiplying that product   186          

by the five-year average number of pupils in a district receiving  187          

family assistance.                                                 188          

      (D)  A payment for all-day kindergarten if the DPIA index    191          

of the school district is greater than or equal to one or if the   192          

district's three-year average formula ADM exceeded seventeen       193          

                                                          5      

                                                                 
thousand five hundred, calculated by multiplying the all-day       194          

kindergarten percentage by the kindergarten ADM and multiplying    195          

that product by the formula amount.                                196          

      (E)  A class-size reduction payment based on calculating     199          

the number of new teachers necessary to achieve a lower            200          

student-teacher ratio, as follows:                                 201          

      (1)  Determine or calculate a formula number of teachers     203          

per one thousand students based on the DPIA index of the school    205          

district as follows:                                               206          

      (a)  If the DPIA index of the school district is less than   209          

six-tenths, the formula number of teachers is 43.478, which is     210          

the number of teachers per one thousand students at a              211          

student-teacher ratio of twenty-three to one;                      212          

      (b)  If the DPIA index of the school district is greater     215          

than or equal to six-tenths, but less than two and one-half, the   216          

formula number of teachers is calculated as follows:               217          

           43.478 + §[(DPIA index-0.6)/1.9< X 23.188               219          

      Where 43.478 is the number of teachers per one thousand      221          

students at a student-teacher ratio of twenty-three to one; 1.9    222          

is the interval from a DPIA index of six-tenths to a DPIA index    225          

of two and one-half; and 23.188 is the difference in the number    226          

of teachers per one thousand students at a student-teacher ratio   227          

of fifteen to one and the number of teachers per one thousand      228          

students at a student-teacher ratio of twenty-three to one.        230          

      (c)  If the DPIA index of the school district is greater     233          

than or equal to two and one-half, the formula number of teachers  234          

is 66.667, which is the number of teachers per one thousand        235          

students at a student-teacher ratio of fifteen to one.             236          

      (2)  Multiply the formula number of teachers determined or   238          

calculated in division (E)(1) of this section by the kindergarten  240          

through third grade ADM for the district and divide that product   241          

by one thousand;                                                                

      (3)  Calculate the number of new teachers as follows:        243          

      (a)  Multiply the kindergarten through third grade ADM by    246          

                                                          6      

                                                                 
43.478, which is the number of teachers per one thousand students  247          

at a student-teacher ratio of twenty-three to one, and divide      248          

that product by one thousand;                                                   

      (b)  Subtract the quotient obtained in division (E)(3)(a)    251          

of this section from the product in division (E)(2) of this        252          

section.                                                                        

      (4)  Multiply the greater of the difference obtained under   254          

division (E)(3) of this section or zero by the statewide average   256          

teachers salary.                                                                

      (F)  This division applies only to school districts whose    258          

DPIA index is one or greater.                                      259          

      (1)  Each school district subject to this division shall     261          

first utilize funds received under this section so that, when      262          

combined with other funds of the district, sufficient funds exist  263          

to provide all-day kindergarten to at least the number of          264          

children in the district's all-day kindergarten percentage.        265          

      (2)  Up to an amount equal to the district's DPIA index      267          

multiplied by the five-year average number of pupils in a          268          

district receiving family assistance multiplied by two hundred     269          

thirty dollars of the money distributed under this section may be  271          

utilized for one or both of the following:                         272          

      (a)  Programs designed to ensure that schools are free of    275          

drugs and violence and have a disciplined environment conducive    276          

to learning;                                                                    

      (b)  Remediation for students who have failed or are in      279          

danger of failing any of the proficiency tests administered        280          

pursuant to section 3301.0710 of the Revised Code.                              

      (3)  Except as otherwise required by division (G) of this    282          

section, all other funds distributed under this section to         283          

districts subject to this division shall be utilized for the       284          

purpose of the third grade guarantee.  The third grade guarantee   285          

consists of increasing the amount of instructional attention       287          

received per pupil in kindergarten through third grade, either by  288          

reducing the ratio of students to instructional personnel or by    289          

                                                          7      

                                                                 
increasing the amount of instruction and curriculum-related        290          

activities by extending the length of the school day or the        291          

school year.                                                                    

      School districts may implement a reduction of the ratio of   293          

students to instructional personnel through any or all of the      294          

following methods:                                                 295          

      (a)  Reducing the number of students in a classroom taught   298          

by a single teacher;                                                            

      (b)  Employing full-time educational aides or educational    301          

paraprofessionals issued a permit or license under section         302          

3319.088 of the Revised Code;                                                   

      (c)  Instituting a team-teaching method that will result in  305          

a lower student-teacher ratio in a classroom.                                   

      Districts may extend the school day either by increasing     307          

the amount of time allocated for each class, increasing the        308          

number of classes provided per day, offering optional              309          

academic-related after-school programs, providing                  310          

curriculum-related extra curricular activities, or establishing    311          

tutoring or remedial services for students who have demonstrated   312          

an educational need.  In accordance with section 3319.089 of the   313          

Revised Code, a district extending the school day pursuant to      315          

this division may utilize a participant of the work experience     316          

program who has a child enrolled in a public school in that        317          

district and who is fulfilling the work requirements of that                    

program by volunteering or working in that public school.  If the  318          

work experience program participant is compensated, the school     319          

district may use the funds distributed under this section for all  320          

or part of the compensation.                                                    

      Districts may extend the school year either through adding   322          

regular days of instruction to the school calendar or by           323          

providing summer programs.                                         324          

      (G)  Each district subject to division (F) of this section   327          

shall not expend any funds received under division (E) of this     328          

section in any school buildings that are not buildings with the    329          

                                                          8      

                                                                 
highest concentration of need, unless there is a ratio of          330          

instructional personnel to students of no more than fifteen to     331          

one in each kindergarten and first grade class in all buildings    332          

with the highest concentration of need.  This division does not    334          

require that the funds used in buildings with the highest          335          

concentration of need be spent solely to reduce the ratio of       336          

instructional personnel to students in kindergarten and first      337          

grade.  A school district may spend the funds in those buildings   338          

in any manner permitted by division (F)(3) of this section, but    339          

may not spend the money in other buildings unless the              340          

fifteen-to-one ratio required by this division is attained.        341          

      (H)(1)  By the first day of August of each fiscal year,      343          

each school district wishing to receive any funds under division   344          

(D) of this section shall submit to the department of education    346          

an estimate of its all-day kindergarten percentage.  Each          348          

district shall update its estimate throughout the fiscal year in   349          

the form and manner required by the department, and the            350          

department shall adjust payments under this section to reflect     351          

the updates.                                                                    

      (2)  Annually by the end of December, the department of      353          

education, utilizing data from the information system established  355          

under section 3301.0714 of the Revised Code and after              356          

consultation with the legislative office of education oversight,   357          

shall determine for each school district subject to division (F)   358          

of this section whether in the preceding fiscal year the           359          

district's ratio of instructional personnel to students; and its   360          

number of kindergarten students receiving all-day kindergarten     361          

appear reasonable, given the amounts of money the district         362          

received for that fiscal year pursuant to divisions (D) and (E)    363          

of this section.  If the department is unable to verify from the   364          

data available that students are receiving reasonable amounts of   365          

instructional attention and all-day kindergarten, given the funds  366          

the district has received under this section and that class-size   368          

reduction funds are being used in school buildings with the        369          

                                                          9      

                                                                 
highest concentration of need as required by division (G) of this  370          

section, the department shall conduct a more intensive             371          

investigation to ensure that funds have been expended as required  372          

by this section.  The department shall file an annual report of    373          

its findings under this division with the chairpersons of the      374          

committees in each house of the general assembly dealing with      375          

finance and education.                                                          

      (I)  Any school district with a DPIA index less than one     377          

and a three-year average formula ADM exceeding seventeen thousand  380          

five hundred shall first utilize funds received under this         381          

section so that, when combined with other funds of the district,                

sufficient funds exist to provide all-day kindergarten to at       382          

least the number of children in the district's all-day             383          

kindergarten percentage.  Such a district shall expend at least    384          

seventy per cent of the remaining funds received under this        385          

section, and any other district with a DPIA index less than one    387          

shall expend at least seventy per cent of all funds received       388          

under this section, for any of the following purposes:             389          

      (1)  The purchase of technology for instructional purposes;  392          

      (2)  All-day kindergarten;                                   394          

      (3)  Reduction of class sizes;                               396          

      (4)  Summer school remediation;                              398          

      (5)  Dropout prevention programs;                            400          

      (6)  Guaranteeing that all third graders are ready to        403          

progress to more advanced work;                                                 

      (7)  Summer education and work programs;                     405          

      (8)  Adolescent pregnancy programs;                          407          

      (9)  Head start or preschool programs;                       409          

      (10)  Reading improvement programs described by the          412          

department of education;                                                        

      (11)  Programs designed to ensure that schools are free of   415          

drugs and violence and have a disciplined environment conducive    416          

to learning;                                                                    

      (12)  Furnishing, free of charge, materials used in courses  419          

                                                          10     

                                                                 
of instruction, except for the necessary textbooks OR ELECTRONIC                

TEXTBOOKS required to be furnished without charge pursuant to      421          

section 3329.06 of the Revised Code, to pupils living in families  422          

participating in Ohio works first in accordance with section       423          

3313.642 of the Revised Code;                                      424          

      (13)  School breakfasts provided pursuant to section         426          

3313.813 of the Revised Code.                                      427          

      Each district shall submit to the department, in such        429          

format and at such time as the department shall specify, a report  430          

on the programs for which it expended funds under this division.   431          

      (J)  If at any time the superintendent of public             433          

instruction determines that a school district receiving funds      434          

under division (D) of this section has enrolled less than the      435          

all-day kindergarten percentage reported for that fiscal year,     437          

the superintendent shall withhold from the funds otherwise due     438          

the district under this section a proportional amount as           439          

determined by the difference in the certified all-day              440          

kindergarten percentage and the percentage actually enrolled in    441          

all-day kindergarten.                                              442          

      The superintendent shall also withhold an appropriate        444          

amount of funds otherwise due a district for any other misuse of   445          

funds not in accordance with this section.                         446          

      Sec. 3329.01.  Any publisher of schoolbooks TEXTBOOKS OR     455          

ELECTRONIC TEXTBOOKS in the United States desiring to offer        457          

schoolbooks SUCH TEXTBOOKS OR ELECTRONIC TEXTBOOKS  for use by     459          

pupils in the public schools of Ohio, before such books TEXTBOOKS  460          

OR ELECTRONIC TEXTBOOKS may be adopted and purchased by any                     

school board, must, on or before the first day of January of each  462          

year, file in the office of the superintendent of public           463          

instruction, a statement that the list wholesale price to school   464          

districts in Ohio will be no more than the lowest list wholesale   465          

price available to school districts in any other state.  No        466          

      NO publisher OF A TEXTBOOK shall file a statement under      468          

this section unless the publisher complies with both of the        470          

                                                          11     

                                                                 
following:                                                                      

      (A)  At the same time as filing the statement, the           472          

publisher also files the wholesale price of a computer diskette    474          

that contains the text of the schoolbook TEXTBOOK in the American  476          

standard code for information interchange or in another computer   477          

language approved by the superintendent of public instruction for  478          

translating the text of the schoolbook TEXTBOOK into braille.      479          

      (B)  The list wholesale price filed for any specified        481          

number of computer diskettes for the schoolbook TEXTBOOK does not  482          

exceed the list wholesale price for the same number of the         483          

printed version of that schoolbook TEXTBOOK.                       484          

      AS USED IN THIS SECTION AND IN SECTIONS 3329.03 TO 3329.10   486          

OF THE REVISED CODE, "ELECTRONIC TEXTBOOK" MEANS COMPUTER          487          

SOFTWARE, INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER  488          

COURSEWARE, ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF  489          

CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO  490          

THE LEARNING PROCESS THROUGH ELECTRONIC MEANS.                     491          

      Sec. 3329.03.  If a publisher who agreed in writing to       500          

furnish books as provided in FILES A STATEMENT UNDER section       501          

3329.02 3329.01 of the Revised Code, fails or refuses to furnish   503          

such books TEXTBOOKS OR ELECTRONIC TEXTBOOKS adopted as provided   504          

in sections 3329.01 to 3329.10, inclusive, of the Revised Code to  505          

any board of education upon the terms provided in such sections,   506          

such board at once must notify the state board of education of     507          

such failure or refusal, and the state board of education at once  508          

shall cause an investigation of such charge to be made.  If it is  509          

found to be true, the state board of education at once shall       510          

notify such publisher and each board in the state that such book   511          

TEXTBOOKS OR ELECTRONIC TEXTBOOKS shall not thereafter be adopted  513          

and purchased by boards of education.  Such publisher shall pay    514          

to the state five hundred dollars for each failure, to be          515          

recovered in the name of the state, in an action to be brought by  516          

the attorney general, in the court of common pleas of Franklin     517          

county, or in any other proper court or in any other place where   518          

                                                          12     

                                                                 
service can be made.  The amount, when collected, must be paid     519          

into the state treasury to the credit of the state general         520          

revenue fund.                                                                   

      Sec. 3329.04.  A board of education shall not adopt or       529          

cause to be used in the public schools any book TEXTBOOK OR        530          

ELECTRONIC TEXTBOOK whose publisher has not complied with          533          

sections 3329.01 to 3329.10, inclusive, of the Revised Code as to  534          

such book TEXTBOOK OR ELECTRONIC TEXTBOOK.                         536          

      Sec. 3329.05.  Sections 3329.01 to 3329.04, inclusive, and   545          

section 3329.08 of the Revised Code do not apply to the purchase   547          

of supplementary reading books, library books, reference books,    548          

or any other books except textbooks AND ELECTRONIC TEXTBOOKS USED  549          

IN LIEU OF TEXTBOOKS, required by the board of education.  All of  550          

such books, except textbooks AND ELECTRONIC TEXTBOOKS required by  551          

the board, shall be ordered, received, examined, and paid for in   552          

the same manner and by the same persons as other supplies and      553          

equipment.                                                                      

      Sec. 3329.06.  The board of education of each city,          562          

exempted village, and local school district shall furnish, free    563          

of charge, the necessary textbooks to the pupils attending the     564          

public schools.  IN LIEU OF TEXTBOOKS, DISTRICT BOARDS MAY         565          

FURNISH ELECTRONIC TEXTBOOKS TO PUPILS ATTENDING THE PUBLIC                     

SCHOOLS, PROVIDED THE ELECTRONIC TEXTBOOKS ARE FURNISHED FREE OF   566          

CHARGE.  A DISTRICT BOARD THAT CHOOSES TO FURNISH ELECTRONIC       567          

TEXTBOOKS TO PUPILS ATTENDING SCHOOL IN THE DISTRICT SHALL         568          

PROVIDE REASONABLE ACCESS TO THE ELECTRONIC TEXTBOOKS AND OTHER    569          

NECESSARY COMPUTER EQUIPMENT TO PUPILS IN THE DISTRICT WHO ARE     570          

REQUIRED TO COMPLETE HOMEWORK ASSIGNMENTS, AND TEACHERS PROVIDING  571          

HOMEWORK ASSIGNMENTS, UTILIZING ELECTRONIC TEXTBOOKS FURNISHED BY  572          

THE DISTRICT BOARD.  Pupils wholly or in part supplied with        574          

necessary textbooks OR ELECTRONIC TEXTBOOKS shall be supplied      575          

only as other or new books TEXTBOOKS OR ELECTRONIC TEXTBOOKS are   576          

needed.  A board may limit its purchase and ownership of books     577          

TEXTBOOKS OR ELECTRONIC TEXTBOOKS needed for its schools to six    578          

                                                          13     

                                                                 
subjects per year, the cost of which shall not exceed twenty-five  579          

per cent of the entire cost of adoption.  All textbooks OR                      

ELECTRONIC TEXTBOOKS furnished as provided in this section shall   581          

be the property of the district, and loaned to the pupils on such  582          

terms as each such board prescribes.  In order to carry out        583          

sections 3329.01 to 3329.10, inclusive, of the Revised Code, each               

board, in the preparation of its annual budget, shall include as   585          

a separate item the amount which the board finds necessary to      586          

administer such sections and such amount shall not be subject to   587          

transfer to any other fund.                                                     

      Sec. 3329.07.  The board of education of each city,          596          

exempted village, and local school district shall cause it to be   597          

ascertained and at a regular meeting determine which, and the      598          

number of each of the textbooks OR ELECTRONIC TEXTBOOKS the        599          

schools under its charge require.  The treasurer at once shall     601          

order the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS agreed upon      602          

from the publisher, who on the receipt of such order must ship     603          

them THE TEXTBOOKS OR ELECTRONIC TEXTBOOKS to the treasurer        604          

without delay.  He THE TREASURER forthwith shall examine the       606          

books TEXTBOOKS OR ELECTRONIC TEXTBOOKS, and, if found right and   607          

in accordance with the order, remit the amount to the publisher.                

The board must pay for the books TEXTBOOKS OR ELECTRONIC           608          

TEXTBOOKS so purchased and in addition all charges for the         610          

transportation of the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS out  611          

of the general fund of said district or out of such other funds    612          

as it may have available for such purchase of textbooks OR         613          

ELECTRONIC TEXTBOOKS.  If such board at any time can secure from   615          

the publishers books TEXTBOOKS OR ELECTRONIC TEXTBOOKS at less     616          

than such maximum price, they shall do so, and without                          

unnecessary delay may make effort to secure such lower price       617          

before adopting any particular textbooks OR ELECTRONIC TEXTBOOKS.  618          

      Sec. 3329.08.  At any regular meeting, the board of          627          

education of each local school district, from lists adopted by     628          

the educational service center governing board, and the board of   629          

                                                          14     

                                                                 
education of each city and exempted village school district shall  630          

determine by a majority vote of all members elected or appointed   631          

under division (B) or (F) of section 3311.71 of the Revised Code   632          

which of such textbooks OR ELECTRONIC TEXTBOOKS so filed shall be  634          

used in the schools under its control.  No EXCEPT FOR PERIODIC     635          

AND NORMAL UPDATING OF ELECTRONIC TEXTBOOKS, NO textbooks OR                    

ELECTRONIC TEXTBOOKS shall be changed, nor any part thereof        637          

altered or revised, nor any other textbook OR ELECTRONIC TEXTBOOK  638          

substituted therefor, within four years after the date of          639          

selection and adoption thereof, as shown by the official records   640          

of such boards, except by the consent, at a regular meeting, of    641          

four-fifths of all members elected thereto.  Books TEXTBOOKS OR    642          

ELECTRONIC TEXTBOOKS so substituted shall be adopted for the full  643          

term of four years.                                                644          

      Sec. 3329.09.  Each city, exempted village, and local board  653          

of education shall make all necessary provisions and arrangements  654          

to place the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased     655          

within easy reach of and accessible to all the pupils in their     658          

district.  In city and exempted village school districts the       659          

superintendent of schools and in local school districts the        660          

treasurer of the board of education shall be the custodian of all  661          

schoolbooks TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased for the    662          

use of and furnished free to all the pupils attending public       663          

schools of such district.  They shall distribute such books        664          

TEXTBOOKS OR ELECTRONIC TEXTBOOKS, keep such records, maintain     667          

such accounts, and make such reports as the board requires.  The   668          

board may employ such additional help as is necessary to properly  669          

administer this section.                                                        

      This section does not prohibit any pupil, or the parent of   671          

any pupil, from purchasing textbooks OR ELECTRONIC TEXTBOOKS for   673          

their own use, or the use of their children or wards in the        675          

schools of the district in which such purchaser resides.  The      676          

board in each school district upon the request of a pupil, or the  677          

parent of any pupil, shall sell to such individual making the      678          

                                                          15     

                                                                 
request textbooks OR ELECTRONIC TEXTBOOKS of the kind requested    681          

at a price not to exceed the cost paid therefor plus ten per       682          

cent.  The proceeds of such sales shall be credited to the fund    683          

from which payments are made by the board for the purchase of      684          

textbooks OR ELECTRONIC TEXTBOOKS.  AS USED IN THIS PARAGRAPH,                  

THE WORD "PUPIL" INCLUDES ANY SCHOOL-AGED CHILD WHO RESIDES IN     685          

THE DISTRICT.                                                                   

      Sec. 3329.10.  A superintendent, supervisor, principal, or   694          

teacher employed by any board of education shall not act as sales  695          

agent, either directly or indirectly, for any person, firm, or     696          

corporation whose THAT FILES school textbooks are filed OR         698          

ELECTRONIC TEXTBOOKS with the superintendent of public                          

instruction, or for THAT SELLS school apparatus or equipment of    700          

any kind for use in the public schools.  A violation of this                    

section shall work a forfeiture of their licenses to teach in the  701          

public schools.                                                    702          

      Section 2.  That existing sections 3313.642, 3317.029,       704          

3329.01, 3329.03, 3329.04, 3329.05, 3329.06, 3329.07, 3329.08,     706          

3329.09, and 3329.10 of the Revised Code are hereby repealed.      707