As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 32 5
1999-2000 6
REPRESENTATIVES JOLIVETTE-HAINES-HARRIS-HOUSEHOLDER-GRENDELL- 8
MOTTLEY-OLMAN-SCHULER-STAPLETON-TERWILLEGER-JONES-PATTON- 9
WINKLER-CALLENDER-PADGETT-O'BRIEN-MEAD-VESPER-KREBS-PERZ- 10
GOODMAN-METZGER-JORDAN-CORBIN-SYKES-WILLAMOWSKI-THOMAS- 11
MYERS-AMSTUTZ-COUGHLIN-BARNES 12
_________________________________________________________________
A B I L L
To amend sections 3313.642, 3317.029, 3317.06, 14
3329.01, and 3329.03 to 3329.10 of the Revised 15
Code to permit school districts to purchase 16
electronic textbooks under the same conditions as 18
textbooks are purchased, to permit school 19
districts to furnish electronic textbooks to 20
students in lieu of traditional textbooks 21
provided the electronic textbooks are furnished 23
free of charge, to permit secular electronic
textbooks to be purchased and loaned to nonpublic 24
school students with auxiliary services funds, 25
and to expand the types of secular textbooks and
instructional materials that may be purchased and 26
loaned to nonpublic school students. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 3313.642, 3317.029, 3317.06, 30
3329.01, 3329.03, 3329.04, 3329.05, 3329.06, 3329.07, 3329.08, 32
3329.09, and 3329.10 of the Revised Code be amended to read as 33
follows: 34
Sec. 3313.642. (A) Except as provided in division (B) of 44
this section and notwithstanding the provisions of sections 45
3313.48 and 3313.64 of the Revised Code, the board of education 46
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of a city, exempted village, or local school district shall not 47
be required to furnish, free of charge, to the pupils attending 48
the public schools any materials used in a course of instruction 49
with the exception of the necessary textbooks OR ELECTRONIC
TEXTBOOKS required to be furnished without charge pursuant to 51
section 3329.06 of the Revised Code. The board may, however, 52
make provision by appropriations transferred from the general 53
fund of the district or otherwise for furnishing free of charge
any materials used in a course of instruction to such pupils as 54
it determines are in serious financial need of such materials. 55
(B) No board of education of a school district that 57
receives funds under section 3317.029 of the Revised Code shall 59
charge a fee to a recipient of aid under Chapter 5107. or 5115. 60
of the Revised Code for any materials needed to enable the 61
recipient to participate fully in a course of instruction. The 62
prohibition in this division against charging a fee does not 63
apply to any fee charged for any materials needed to enable a
recipient to participate fully in extracurricular activities or 64
in any pupil enrichment program that is not a course of 65
instruction.
(C) Boards of education may adopt rules and regulations 68
prescribing a schedule of fees for materials used in a course of 69
instruction and prescribing a schedule of charges which may be 70
imposed upon pupils for the loss, damage, or destruction of 71
school apparatus, equipment, musical instruments, library 72
material, textbooks, OR ELECTRONIC TEXTBOOKS required to be 74
furnished without charge, and for damage to school buildings, and 75
may enforce the payment of such fees and charges by withholding 76
the grades and credits of the pupils concerned. 77
Sec. 3317.029. (A) As used in this section: 86
(1) "DPIA percentage" means the quotient obtained by 89
dividing the five-year average number of children ages five to 90
seventeen residing in the school district and living in a family 91
receiving family assistance, as certified or adjusted under 92
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section 3317.10 of the Revised Code, by the district's three-year 93
average formula ADM.
(2) "Family assistance" means assistance received under 95
the Ohio works first program or, for the purpose of determining 97
the five-year average number of recipients of family assistance 98
in fiscal years 1999 through 2002, assistance received under an 99
antecedent program known as TANF or ADC. 100
(3) "Statewide DPIA percentage" means the five-year 103
average of the total number of children ages five to seventeen 104
years residing in the state and receiving family assistance, 105
divided by the sum of the three-year average formula ADMs for all 107
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 110
the school district's DPIA percentage by the statewide DPIA 112
percentage.
(5) "Kindergarten ADM" means the number of students 115
reported under section 3317.03 of the Revised Code as enrolled in 116
kindergarten. 117
(6) "Kindergarten through third grade ADM" means the 120
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 123
the all-day kindergarten percentage; 124
(b) Add the number of students in grades one through 126
three;
(d)(c) Subtract from the sum calculated under division 128
(A)(6)(c)(b) of this section the number of special education 130
students in grades kindergarten through three. 131
(7) "Statewide average teacher salary" means thirty-nine 133
thousand ninety-two dollars, which includes an amount for the 134
value of fringe benefits. 135
(8) "All-day kindergarten" means a kindergarten class that 138
is in session five days per week for not less than the same 139
number of clock hours each day as for pupils in grades one 140
through six.
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(9) "All-day kindergarten percentage" means the percentage 142
of a district's actual total number of students enrolled in 143
kindergarten who are enrolled in all-day kindergarten. 144
(10) "Buildings with the highest concentration of need" 146
means the school buildings in a district with percentages of 148
students receiving family assistance in grades kindergarten 149
through three at least as high as the district-wide percentage of 150
students receiving family assistance. If, however, the 151
information provided by the department of human services under 152
section 3317.10 of the Revised Code is insufficient to determine 155
the family assistance percentage in each building, "buildings 156
with the highest concentration of need" has the meaning given in 157
rules that the department of education shall adopt. The rules 158
shall base the definition of "buildings with the highest 159
concentration of need" on family income of students in grades 160
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 161
division and division (G) of this section to designate buildings 163
where the family assistance percentage in those grades equals or 164
exceeds the district-wide family assistance percentage. 165
(B) In addition to the amounts required to be paid to a 168
school district under section 3317.022 of the Revised Code, a 169
school district shall receive the greater of the amount the 170
district received in fiscal year 1998 pursuant to division (B) of 171
section 3317.023 of the Revised Code as it existed at that time 173
or the sum of the computations made under divisions (C) to (E) of 174
this section.
(C) A supplemental payment that may be utilized for 176
measures related to safety and security and for remediation or 177
similar programs, calculated as follows: 178
(1) If the DPIA index of the school district is greater 181
than or equal to thirty-five-hundredths, but less than one, an 182
amount obtained by multiplying the five-year average number of 183
pupils in a district receiving family assistance by two hundred 184
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thirty dollars; 185
(2) If the DPIA index of the school district is greater 188
than or equal to one, an amount obtained by multiplying the DPIA 190
index by two hundred thirty dollars and multiplying that product 191
by the five-year average number of pupils in a district receiving 192
family assistance. 193
(D) A payment for all-day kindergarten if the DPIA index 196
of the school district is greater than or equal to one or if the 197
district's three-year average formula ADM exceeded seventeen 198
thousand five hundred, calculated by multiplying the all-day 199
kindergarten percentage by the kindergarten ADM and multiplying 200
that product by the formula amount. 201
(E) A class-size reduction payment based on calculating 204
the number of new teachers necessary to achieve a lower 205
student-teacher ratio, as follows: 206
(1) Determine or calculate a formula number of teachers 208
per one thousand students based on the DPIA index of the school 210
district as follows: 211
(a) If the DPIA index of the school district is less than 214
six-tenths, the formula number of teachers is 43.478, which is 215
the number of teachers per one thousand students at a 216
student-teacher ratio of twenty-three to one; 217
(b) If the DPIA index of the school district is greater 220
than or equal to six-tenths, but less than two and one-half, the 221
formula number of teachers is calculated as follows: 223
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 224
Where 43.478 is the number of teachers per one thousand 226
students at a student-teacher ratio of twenty-three to one; 1.9 227
is the interval from a DPIA index of six-tenths to a DPIA index 230
of two and one-half; and 23.188 is the difference in the number 231
of teachers per one thousand students at a student-teacher ratio 232
of fifteen to one and the number of teachers per one thousand 233
students at a student-teacher ratio of twenty-three to one. 235
(c) If the DPIA index of the school district is greater 238
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than or equal to two and one-half, the formula number of teachers 239
is 66.667, which is the number of teachers per one thousand 240
students at a student-teacher ratio of fifteen to one. 241
(2) Multiply the formula number of teachers determined or 243
calculated in division (E)(1) of this section by the kindergarten 245
through third grade ADM for the district and divide that product 246
by one thousand;
(3) Calculate the number of new teachers as follows: 248
(a) Multiply the kindergarten through third grade ADM by 251
43.478, which is the number of teachers per one thousand students 252
at a student-teacher ratio of twenty-three to one, and divide 253
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 256
of this section from the product in division (E)(2) of this 257
section.
(4) Multiply the greater of the difference obtained under 259
division (E)(3) of this section or zero by the statewide average 261
teachers salary.
(F) This division applies only to school districts whose 263
DPIA index is one or greater. 264
(1) Each school district subject to this division shall 266
first utilize funds received under this section so that, when 267
combined with other funds of the district, sufficient funds exist 268
to provide all-day kindergarten to at least the number of 269
children in the district's all-day kindergarten percentage. 270
(2) Up to an amount equal to the district's DPIA index 272
multiplied by the five-year average number of pupils in a 273
district receiving family assistance multiplied by two hundred 274
thirty dollars of the money distributed under this section may be 276
utilized for one or both of the following: 277
(a) Programs designed to ensure that schools are free of 280
drugs and violence and have a disciplined environment conducive 281
to learning;
(b) Remediation for students who have failed or are in 284
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danger of failing any of the proficiency tests administered 285
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 287
section, all other funds distributed under this section to 288
districts subject to this division shall be utilized for the 289
purpose of the third grade guarantee. The third grade guarantee 290
consists of increasing the amount of instructional attention 292
received per pupil in kindergarten through third grade, either by 293
reducing the ratio of students to instructional personnel or by 294
increasing the amount of instruction and curriculum-related 295
activities by extending the length of the school day or the 296
school year.
School districts may implement a reduction of the ratio of 298
students to instructional personnel through any or all of the 299
following methods: 300
(a) Reducing the number of students in a classroom taught 303
by a single teacher;
(b) Employing full-time educational aides or educational 306
paraprofessionals issued a permit or license under section 307
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 310
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 312
the amount of time allocated for each class, increasing the 313
number of classes provided per day, offering optional 314
academic-related after-school programs, providing 315
curriculum-related extra curricular activities, or establishing 316
tutoring or remedial services for students who have demonstrated 317
an educational need. In accordance with section 3319.089 of the 318
Revised Code, a district extending the school day pursuant to 320
this division may utilize a participant of the work experience 321
program who has a child enrolled in a public school in that 322
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 323
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work experience program participant is compensated, the school 324
district may use the funds distributed under this section for all 325
or part of the compensation.
Districts may extend the school year either through adding 327
regular days of instruction to the school calendar or by 328
providing summer programs. 329
(G) Each district subject to division (F) of this section 332
shall not expend any funds received under division (E) of this 333
section in any school buildings that are not buildings with the 334
highest concentration of need, unless there is a ratio of 335
instructional personnel to students of no more than fifteen to 336
one in each kindergarten and first grade class in all buildings 337
with the highest concentration of need. This division does not 339
require that the funds used in buildings with the highest 340
concentration of need be spent solely to reduce the ratio of 341
instructional personnel to students in kindergarten and first 342
grade. A school district may spend the funds in those buildings 343
in any manner permitted by division (F)(3) of this section, but 344
may not spend the money in other buildings unless the 345
fifteen-to-one ratio required by this division is attained. 346
(H)(1) By the first day of August of each fiscal year, 348
each school district wishing to receive any funds under division 349
(D) of this section shall submit to the department of education 351
an estimate of its all-day kindergarten percentage. Each 353
district shall update its estimate throughout the fiscal year in 354
the form and manner required by the department, and the 355
department shall adjust payments under this section to reflect 356
the updates.
(2) Annually by the end of December, the department of 358
education, utilizing data from the information system established 360
under section 3301.0714 of the Revised Code and after 361
consultation with the legislative office of education oversight, 362
shall determine for each school district subject to division (F) 363
of this section whether in the preceding fiscal year the 364
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district's ratio of instructional personnel to students; and its 365
number of kindergarten students receiving all-day kindergarten 366
appear reasonable, given the amounts of money the district 367
received for that fiscal year pursuant to divisions (D) and (E) 368
of this section. If the department is unable to verify from the 369
data available that students are receiving reasonable amounts of 370
instructional attention and all-day kindergarten, given the funds 371
the district has received under this section and that class-size 373
reduction funds are being used in school buildings with the 374
highest concentration of need as required by division (G) of this 375
section, the department shall conduct a more intensive 376
investigation to ensure that funds have been expended as required 377
by this section. The department shall file an annual report of 378
its findings under this division with the chairpersons of the 379
committees in each house of the general assembly dealing with 380
finance and education.
(I) Any school district with a DPIA index less than one 382
and a three-year average formula ADM exceeding seventeen thousand 385
five hundred shall first utilize funds received under this 386
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 387
least the number of children in the district's all-day 388
kindergarten percentage. Such a district shall expend at least 389
seventy per cent of the remaining funds received under this 390
section, and any other district with a DPIA index less than one 392
shall expend at least seventy per cent of all funds received 393
under this section, for any of the following purposes: 394
(1) The purchase of technology for instructional purposes; 397
(2) All-day kindergarten; 399
(3) Reduction of class sizes; 401
(4) Summer school remediation; 403
(5) Dropout prevention programs; 405
(6) Guaranteeing that all third graders are ready to 408
progress to more advanced work;
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(7) Summer education and work programs; 410
(8) Adolescent pregnancy programs; 412
(9) Head start or preschool programs; 414
(10) Reading improvement programs described by the 417
department of education;
(11) Programs designed to ensure that schools are free of 420
drugs and violence and have a disciplined environment conducive 421
to learning;
(12) Furnishing, free of charge, materials used in courses 424
of instruction, except for the necessary textbooks OR ELECTRONIC
TEXTBOOKS required to be furnished without charge pursuant to 426
section 3329.06 of the Revised Code, to pupils living in families 427
participating in Ohio works first in accordance with section 428
3313.642 of the Revised Code; 429
(13) School breakfasts provided pursuant to section 431
3313.813 of the Revised Code. 432
Each district shall submit to the department, in such 434
format and at such time as the department shall specify, a report 435
on the programs for which it expended funds under this division. 436
(J) If at any time the superintendent of public 438
instruction determines that a school district receiving funds 439
under division (D) of this section has enrolled less than the 440
all-day kindergarten percentage reported for that fiscal year, 442
the superintendent shall withhold from the funds otherwise due 443
the district under this section a proportional amount as 444
determined by the difference in the certified all-day 445
kindergarten percentage and the percentage actually enrolled in 446
all-day kindergarten. 447
The superintendent shall also withhold an appropriate 449
amount of funds otherwise due a district for any other misuse of 450
funds not in accordance with this section. 451
Sec. 3317.06. Moneys paid to school districts under 460
division (L) of section 3317.024 of the Revised Code shall be 462
used for the following independent and fully severable purposes:
11
(A) To purchase such secular textbooks OR ELECTRONIC 464
TEXTBOOKS as have been approved by the superintendent of public 466
instruction for use in public schools in the state and to loan 467
such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending 469
nonpublic schools within the district or to their parents and to 470
hire clerical personnel to administer such lending program. Such 471
loans shall be based upon individual requests submitted by such 472
nonpublic school pupils or parents. Such requests shall be 473
submitted to the school district in which the nonpublic school is 474
located. Such individual requests for the loan of textbooks OR 475
ELECTRONIC TEXTBOOKS shall, for administrative convenience, be 476
submitted by the nonpublic school pupil or the pupil's parent to 478
the nonpublic school, which shall prepare and submit collective 479
summaries of the individual requests to the school district. As 480
used in this section, "textbook: 481
(1) "TEXTBOOK" means any book or book substitute which 484
THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text 485
substitute, OR TEXT SUPPLEMENT in a particular class or program 487
in the school the pupil regularly attends. 488
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, 490
INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 491
COURSEWARE, LOCAL AND REMOTE COMPUTER ASSISTED INSTRUCTION, 492
ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING 493
INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE 494
LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to 496
pupils attending nonpublic schools within the district. Such 497
service shall be provided in the nonpublic school attended by the 498
pupil receiving the service. 499
(C) To provide physician, nursing, dental, and optometric 501
services to pupils attending nonpublic schools within the 502
district. Such services shall be provided in the school attended 503
by the nonpublic school pupil receiving the service. 504
(D) To provide diagnostic psychological services to pupils 506
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attending nonpublic schools within the district. Such services 507
shall be provided in the school attended by the pupil receiving 508
the service. 509
(E) To provide therapeutic psychological and speech and 511
hearing services to pupils attending nonpublic schools within the 512
district. Such services shall be provided in the public school, 513
in nonpublic schools, in public centers, or in mobile units 514
located on or off of the nonpublic premises. If such services 515
are provided in the public school or in public centers, 516
transportation to and from such facilities shall be provided by 517
the school district in which the nonpublic school is located. 518
(F) To provide guidance and counseling services to pupils 520
attending nonpublic schools within the district. Such services 521
shall be provided in the public school, in nonpublic schools, in 522
public centers, or in mobile units located on or off of the 524
nonpublic premises. If such services are provided in the public 525
school or in public centers, transportation to and from such 526
facilities shall be provided by the school district in which the 527
nonpublic school is located.
(G) To provide remedial services to pupils attending 529
nonpublic schools within the district. Such services shall be 530
provided in the public school, in nonpublic schools, in public 531
centers, or in mobile units located on or off of the nonpublic 532
premises. If such services are provided in the public school or 534
in public centers, transportation to and from such facilities 535
shall be provided by the school district in which the nonpublic 536
school is located.
(H) To supply for use by pupils attending nonpublic 538
schools within the district such standardized tests and scoring 539
services as are in use in the public schools of the state; 540
(I) To provide programs for children who attend nonpublic 542
schools within the district and are handicapped children as 543
defined in division (A) of section 3323.01 of the Revised Code or 544
gifted children. Such programs shall be provided in the public 545
13
school, in nonpublic schools, in public centers, or in mobile 546
units located on or off of the nonpublic premises. If such 549
programs are provided in the public school or in public centers, 550
transportation to and from such facilities shall be provided by 551
the school district in which the nonpublic school is located. 552
(J) To hire clerical personnel to assist in the 554
administration of programs pursuant to divisions (B), (C), (D), 555
(E), (F), (G), and (I) of this section and to hire supervisory 556
personnel to supervise the providing of services and textbooks 557
pursuant to this section. 558
(K) To purchase any secular, neutral, and nonideological 560
computer software (INCLUDING SITE-LICENSING), prerecorded video 562
laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and 563
video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED 565
TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science equipment and materials, INSTRUCTIONAL MATERIALS, AND 568
SCHOOL LIBRARY MATERIALS that are in general use in the public 569
schools of the state and loan such computer software, prerecorded 570
video laserdiscs, compact discs, and video cassette cartridges, 572
equipment, and materials ITEMS to pupils attending nonpublic 574
schools within the district or to their parents, and to hire 575
clerical personnel to administer the lending program. Only 576
computer software, prerecorded video laserdiscs, compact discs, 578
and video cassette cartridges, equipment, and materials SUCH 580
ITEMS that are incapable of diversion to religious use and that 582
are susceptible of loan to individual pupils and are furnished 583
for the use of individual pupils shall be purchased and loaned 584
under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, 585
NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO 586
THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL 587
RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET 588
COMMISSION.
(L) To purchase instructional equipment, including 590
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computer hardware, for use by pupils attending nonpublic schools 592
within the district, if such usage only occurs when these pupils 594
are being provided the secular remedial, diagnostic, or 595
therapeutic services pursuant to division (B), (D), (E), (F), 597
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 600
of services pursuant to divisions (E), (F), (G), and (I) of this 603
section and to pay for necessary repairs and operating costs 604
associated with these units. 605
Clerical and supervisory personnel hired pursuant to 607
division (J) of this section shall perform their services in the 608
public schools, in nonpublic schools, public centers, or mobile 609
units where the services are provided to the nonpublic school 611
pupil, except that such personnel may accompany pupils to and 612
from the service sites when necessary to ensure the safety of the 613
children receiving the services. 614
Health services provided pursuant to divisions (B), (C), 616
(D), and (E) of this section may be provided under contract with 617
the department of health, city or general health districts, or 618
private agencies whose personnel are properly licensed by an 619
appropriate state board or agency. 620
Transportation of pupils provided pursuant to divisions 622
(E), (F), (G), and (I) of this section shall be provided by the 623
school district from its general funds and not from moneys paid 624
to it under division (L) of section 3317.024 of the Revised Code 626
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 627
If such an application is presented to the school district, it 628
may pay for the transportation from moneys paid to it under 629
division (L) of section 3317.024 of the Revised Code. 630
No school district shall provide health or remedial 632
services to nonpublic school pupils as authorized by this section 633
unless such services are available to pupils attending the public 634
schools within the district. 635
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Materials, equipment, computer software, textbooks, 637
ELECTRONIC TEXTBOOKS, and health and remedial services provided 639
for the benefit of nonpublic school pupils pursuant to this 640
section and the admission of pupils to such nonpublic schools 641
shall be provided without distinction as to race, creed, color, 642
or national origin of such pupils or of their teachers. 643
No school district shall provide services for use in 645
religious courses, devotional exercises, religious training, or 646
any other religious activity. 647
As used in this section, "parent" includes a person 649
standing in loco parentis to a child. 650
Notwithstanding section 3317.01 of the Revised Code, 652
payments shall be made under this section to any city, local, or 653
exempted village school district within which is located one or 654
more nonpublic elementary or high schools. 655
The allocation of payments for materials, equipment, 657
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial 658
services to city, local, and exempted village school districts 660
shall be on the basis of the state board of education's estimated 661
annual average daily membership in nonpublic elementary and high 662
schools located in the district. 663
Payments made to city, local, and exempted village school 665
districts under this section shall be equal to specific 666
appropriations made for the purpose. All interest earned by a 667
school district on such payments shall be used by the district 668
for the same purposes and in the same manner as the payments may 669
be used. 670
The department of education shall adopt guidelines and 672
procedures under which such programs and services shall be 673
provided, under which districts shall be reimbursed for 674
administrative costs incurred in providing such programs and 675
services, and under which any unexpended balance of the amounts 676
appropriated by the general assembly to implement this section 677
may be transferred to the auxiliary services personnel 678
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unemployment compensation fund established pursuant to section 679
4141.47 of the Revised Code. The department shall also adopt 680
guidelines and procedures limiting the purchase and loan of 681
computer software, equipment, and materials under THE ITEMS 682
DESCRIBED IN division (K) of this section to items that are in 684
general use in the public schools of the state, that are 685
incapable of diversion to religious use, and that are susceptible 686
to individual use rather than classroom use. Within thirty days 687
after the end of each biennium, each board of education shall 688
remit to the department all moneys paid to it under division (L) 689
of section 3317.024 of the Revised Code and any interest earned 690
on those moneys that are not required to pay expenses incurred 691
under this section during the biennium for which the money was 692
appropriated and during which the interest was earned. If a 693
board of education subsequently determines that the remittal of 694
moneys leaves the board with insufficient money to pay all valid 695
expenses incurred under this section during the biennium for 696
which the remitted money was appropriated, the board may apply to 697
the department of education for a refund of money, not to exceed 698
the amount of the insufficiency. If the department determines 699
the expenses were lawfully incurred and would have been lawful 700
expenditures of the refunded money, it shall certify its 701
determination and the amount of the refund to be made to the 702
administrator of the bureau of employment services who shall make 703
a refund as provided in section 4141.47 of the Revised Code. 704
Sec. 3329.01. Any publisher of schoolbooks TEXTBOOKS OR 713
ELECTRONIC TEXTBOOKS in the United States desiring to offer 715
schoolbooks SUCH TEXTBOOKS OR ELECTRONIC TEXTBOOKS for use by 717
pupils in the public schools of Ohio, before such books TEXTBOOKS 718
OR ELECTRONIC TEXTBOOKS may be adopted and purchased by any
school board, must, on or before the first day of January of each 720
year, file in the office of the superintendent of public 721
instruction, a statement that the list wholesale price to school 722
districts in Ohio will be no more than the lowest list wholesale 723
17
price available to school districts in any other state. No 724
NO publisher OF A TEXTBOOK shall file a statement under 726
this section unless the publisher complies with both of the 728
following:
(A) At the same time as filing the statement, the 730
publisher also files the wholesale price of a computer diskette 732
that contains the text of the schoolbook TEXTBOOK in the American 734
standard code for information interchange or in another computer 735
language approved by the superintendent of public instruction for 736
translating the text of the schoolbook TEXTBOOK into braille. 737
(B) The list wholesale price filed for any specified 739
number of computer diskettes for the schoolbook TEXTBOOK does not 740
exceed the list wholesale price for the same number of the 741
printed version of that schoolbook TEXTBOOK. 742
AS USED IN THIS SECTION AND IN SECTIONS 3329.03 TO 3329.10 744
OF THE REVISED CODE, "ELECTRONIC TEXTBOOK" MEANS COMPUTER 745
SOFTWARE, INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 746
COURSEWARE, ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF 747
CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO 748
THE LEARNING PROCESS THROUGH ELECTRONIC MEANS. 749
Sec. 3329.03. If a publisher who agreed in writing to 758
furnish books as provided in FILES A STATEMENT UNDER section 759
3329.02 3329.01 of the Revised Code, fails or refuses to furnish 761
such books TEXTBOOKS OR ELECTRONIC TEXTBOOKS adopted as provided 762
in sections 3329.01 to 3329.10, inclusive, of the Revised Code to 763
any board of education upon the terms provided in such sections, 764
such board at once must notify the state board of education of 765
such failure or refusal, and the state board of education at once 766
shall cause an investigation of such charge to be made. If it is 767
found to be true, the state board of education at once shall 768
notify such publisher and each board in the state that such book 769
TEXTBOOKS OR ELECTRONIC TEXTBOOKS shall not thereafter be adopted 771
and purchased by boards of education. Such publisher shall pay 772
to the state five hundred dollars for each failure, to be 773
18
recovered in the name of the state, in an action to be brought by 774
the attorney general, in the court of common pleas of Franklin 775
county, or in any other proper court or in any other place where 776
service can be made. The amount, when collected, must be paid 777
into the state treasury to the credit of the state general 778
revenue fund.
Sec. 3329.04. A board of education shall not adopt or 787
cause to be used in the public schools any book TEXTBOOK OR 788
ELECTRONIC TEXTBOOK whose publisher has not complied with 791
sections 3329.01 to 3329.10, inclusive, of the Revised Code as to 792
such book TEXTBOOK OR ELECTRONIC TEXTBOOK. 794
Sec. 3329.05. Sections 3329.01 to 3329.04, inclusive, and 803
section 3329.08 of the Revised Code do not apply to the purchase 805
of supplementary reading books, library books, reference books, 806
or any other books except textbooks AND ELECTRONIC TEXTBOOKS USED 807
IN LIEU OF TEXTBOOKS, required by the board of education. All of 808
such books, except textbooks AND ELECTRONIC TEXTBOOKS required by 809
the board, shall be ordered, received, examined, and paid for in 810
the same manner and by the same persons as other supplies and 811
equipment.
Sec. 3329.06. The board of education of each city, 820
exempted village, and local school district shall furnish, free 821
of charge, the necessary textbooks to the pupils attending the 822
public schools. IN LIEU OF TEXTBOOKS, DISTRICT BOARDS MAY 823
FURNISH ELECTRONIC TEXTBOOKS TO PUPILS ATTENDING THE PUBLIC
SCHOOLS, PROVIDED THE ELECTRONIC TEXTBOOKS ARE FURNISHED FREE OF 824
CHARGE. A DISTRICT BOARD THAT CHOOSES TO FURNISH ELECTRONIC 825
TEXTBOOKS TO PUPILS ATTENDING SCHOOL IN THE DISTRICT SHALL 826
PROVIDE REASONABLE ACCESS TO THE ELECTRONIC TEXTBOOKS AND OTHER 827
NECESSARY COMPUTER EQUIPMENT TO PUPILS IN THE DISTRICT WHO ARE 828
REQUIRED TO COMPLETE HOMEWORK ASSIGNMENTS, AND TEACHERS PROVIDING 829
HOMEWORK ASSIGNMENTS, UTILIZING ELECTRONIC TEXTBOOKS FURNISHED BY 830
THE DISTRICT BOARD. Pupils wholly or in part supplied with 832
necessary textbooks OR ELECTRONIC TEXTBOOKS shall be supplied 833
19
only as other or new books TEXTBOOKS OR ELECTRONIC TEXTBOOKS are 834
needed. A board may limit its purchase and ownership of books 835
TEXTBOOKS OR ELECTRONIC TEXTBOOKS needed for its schools to six 836
subjects per year, the cost of which shall not exceed twenty-five 837
per cent of the entire cost of adoption. All textbooks OR
ELECTRONIC TEXTBOOKS furnished as provided in this section shall 839
be the property of the district, and loaned to the pupils on such 840
terms as each such board prescribes. In order to carry out 841
sections 3329.01 to 3329.10, inclusive, of the Revised Code, each
board, in the preparation of its annual budget, shall include as 843
a separate item the amount which the board finds necessary to 844
administer such sections and such amount shall not be subject to 845
transfer to any other fund.
Sec. 3329.07. The board of education of each city, 854
exempted village, and local school district shall cause it to be 855
ascertained and at a regular meeting determine which, and the 856
number of each of the textbooks OR ELECTRONIC TEXTBOOKS the 857
schools under its charge require. The treasurer at once shall 859
order the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS agreed upon 860
from the publisher, who on the receipt of such order must ship 861
them THE TEXTBOOKS OR ELECTRONIC TEXTBOOKS to the treasurer 862
without delay. He THE TREASURER forthwith shall examine the 864
books TEXTBOOKS OR ELECTRONIC TEXTBOOKS, and, if found right and 865
in accordance with the order, remit the amount to the publisher.
The board must pay for the books TEXTBOOKS OR ELECTRONIC 866
TEXTBOOKS so purchased and in addition all charges for the 868
transportation of the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS out 869
of the general fund of said district or out of such other funds 870
as it may have available for such purchase of textbooks OR 871
ELECTRONIC TEXTBOOKS. If such board at any time can secure from 873
the publishers books TEXTBOOKS OR ELECTRONIC TEXTBOOKS at less 874
than such maximum price, they shall do so, and without
unnecessary delay may make effort to secure such lower price 875
before adopting any particular textbooks OR ELECTRONIC TEXTBOOKS. 876
20
Sec. 3329.08. At any regular meeting, the board of 885
education of each local school district, from lists adopted by 886
the educational service center governing board, and the board of 887
education of each city and exempted village school district shall 888
determine by a majority vote of all members elected or appointed 889
under division (B) or (F) of section 3311.71 of the Revised Code 890
which of such textbooks OR ELECTRONIC TEXTBOOKS so filed shall be 892
used in the schools under its control. No EXCEPT FOR PERIODIC 893
AND NORMAL UPDATING OF ELECTRONIC TEXTBOOKS, NO textbooks OR
ELECTRONIC TEXTBOOKS shall be changed, nor any part thereof 895
altered or revised, nor any other textbook OR ELECTRONIC TEXTBOOK 896
substituted therefor, within four years after the date of 897
selection and adoption thereof, as shown by the official records 898
of such boards, except by the consent, at a regular meeting, of 899
four-fifths of all members elected thereto. Books TEXTBOOKS OR 900
ELECTRONIC TEXTBOOKS so substituted shall be adopted for the full 901
term of four years. 902
Sec. 3329.09. Each city, exempted village, and local board 911
of education shall make all necessary provisions and arrangements 912
to place the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased 913
within easy reach of and accessible to all the pupils in their 916
district. In city and exempted village school districts the 917
superintendent of schools and in local school districts the 918
treasurer of the board of education shall be the custodian of all 919
schoolbooks TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased for the 920
use of and furnished free to all the pupils attending public 921
schools of such district. They shall distribute such books 922
TEXTBOOKS OR ELECTRONIC TEXTBOOKS, keep such records, maintain 925
such accounts, and make such reports as the board requires. The 926
board may employ such additional help as is necessary to properly 927
administer this section.
This section does not prohibit any pupil, or the parent of 929
any pupil, from purchasing textbooks OR ELECTRONIC TEXTBOOKS for 931
their own use, or the use of their children or wards in the 933
21
schools of the district in which such purchaser resides. The 934
board in each school district upon the request of a pupil, or the 935
parent of any pupil, shall sell to such individual making the 936
request textbooks OR ELECTRONIC TEXTBOOKS of the kind requested 939
at a price not to exceed the cost paid therefor plus ten per 940
cent. The proceeds of such sales shall be credited to the fund 941
from which payments are made by the board for the purchase of 942
textbooks OR ELECTRONIC TEXTBOOKS. AS USED IN THIS PARAGRAPH,
THE WORD "PUPIL" INCLUDES ANY SCHOOL-AGED CHILD WHO RESIDES IN 943
THE DISTRICT.
Sec. 3329.10. A superintendent, supervisor, principal, or 952
teacher employed by any board of education shall not act as sales 953
agent, either directly or indirectly, for any person, firm, or 954
corporation whose THAT FILES school textbooks are filed OR 956
ELECTRONIC TEXTBOOKS with the superintendent of public
instruction, or for THAT SELLS school apparatus or equipment of 958
any kind for use in the public schools. A violation of this
section shall work a forfeiture of their licenses to teach in the 959
public schools. 960
Section 2. That existing sections 3313.642, 3317.029, 962
3317.06, 3329.01, 3329.03, 3329.04, 3329.05, 3329.06, 3329.07, 964
3329.08, 3329.09, and 3329.10 of the Revised Code are hereby
repealed. 965