As Reported by the Senate Education Committee 1
123rd General Assembly 4
Regular Session 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-SENATORS GARDNER-KEARNS 12
_________________________________________________________________ 13
A B I L L
To amend sections 3313.484, 3313.642, 3317.021, 15
3317.029, 3317.0216, 3317.06, 3329.01, and 16
3329.03 to 3329.10 of the Revised Code to permit 18
school districts to purchase electronic textbooks
under the same conditions as textbooks are 20
purchased, to permit school districts to furnish 22
electronic textbooks to students in lieu of 23
traditional textbooks provided the electronic
textbooks are furnished free of charge, to permit 25
secular electronic textbooks to be purchased and 26
loaned to nonpublic school students with
auxiliary services funds, to expand the types of 27
secular textbooks and instructional materials 28
that may be purchased and loaned to nonpublic
school students, to make corrections to the 29
computation of interest subsidies and gap revenue 30
under the school funding law, and to declare an 31
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 3313.484, 3313.642, 3317.021, 34
3317.029, 3317.0216, 3317.06, 3329.01, 3329.03, 3329.04, 3329.05, 36
3329.06, 3329.07, 3329.08, 3329.09, and 3329.10 of the Revised 37
2
Code be amended to read as follows: 39
Sec. 3313.484. No loan shall be approved under sections 48
3313.483 to 3313.4811 of the Revised Code after March 1, 1998. 49
By the last day of June each year, the department of 51
education shall calculate and pay a subsidy to every school 52
district that during the preceding calendar CURRENT FISCAL year 53
paid and was obligated to pay interest on a loan under sections 55
3313.483 to 3313.4811 of the Revised Code in excess of two per
cent simple interest. The amount of the subsidy shall equal the 56
difference between the amount of interest the district paid and 58
was obligated to pay during the year and the interest that the 59
district would have been obligated to pay if the interest rate on 60
the loan had been two per cent per year.
Sec. 3313.642. (A) Except as provided in division (B) of 70
this section and notwithstanding the provisions of sections 71
3313.48 and 3313.64 of the Revised Code, the board of education 72
of a city, exempted village, or local school district shall not 73
be required to furnish, free of charge, to the pupils attending 74
the public schools any materials used in a course of instruction 75
with the exception of the necessary textbooks OR ELECTRONIC
TEXTBOOKS required to be furnished without charge pursuant to 77
section 3329.06 of the Revised Code. The board may, however, 78
make provision by appropriations transferred from the general 79
fund of the district or otherwise for furnishing free of charge
any materials used in a course of instruction to such pupils as 80
it determines are in serious financial need of such materials. 81
(B) No board of education of a school district that 83
receives funds under section 3317.029 of the Revised Code shall 85
charge a fee to a recipient of aid under Chapter 5107. or 5115. 86
of the Revised Code for any materials needed to enable the 87
recipient to participate fully in a course of instruction. The 88
prohibition in this division against charging a fee does not 89
apply to any fee charged for any materials needed to enable a
recipient to participate fully in extracurricular activities or 90
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in any pupil enrichment program that is not a course of 91
instruction.
(C) Boards of education may adopt rules and regulations 94
prescribing a schedule of fees for materials used in a course of 95
instruction and prescribing a schedule of charges which may be 96
imposed upon pupils for the loss, damage, or destruction of 97
school apparatus, equipment, musical instruments, library 98
material, textbooks, OR ELECTRONIC TEXTBOOKS required to be 100
furnished without charge, and for damage to school buildings, and 101
may enforce the payment of such fees and charges by withholding 102
the grades and credits of the pupils concerned. 103
Sec. 3317.021. (A) On or before the first day of June of 112
each year, the tax commissioner shall certify to the department 113
of education the following information for each city, exempted 114
village, and local school district and the information required 115
by divisions (A)(1) and (2) of this section for each joint 116
vocational school district, and it shall be used, along with the 117
information certified under division (B) of this section, in 118
making the computations for the district under section 3317.022 119
or 3317.16 of the Revised Code: 120
(1) The taxable value of real and public utility real 122
property in the school district subject to taxation in the 123
preceding tax year, by class and by county of location; 124
(2) The taxable value of tangible personal property, 126
including public utility personal property, subject to taxation 127
by the district for the preceding tax year; 128
(3)(a) The total property tax rate and total taxes charged 130
and payable for the current expenses for the preceding tax year 131
and the total property tax rate and the total taxes charged and 132
payable to a joint vocational district for the preceding tax year 133
that are limited to or to the extent apportioned to current 134
expenses; 135
(b) THE PORTION OF THE AMOUNT OF TAXES CHARGED AND PAYABLE 137
REPORTED FOR EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 138
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DISTRICT UNDER DIVISION (A)(3)(a) OF THIS SECTION ATTRIBUTABLE TO 139
A JOINT VOCATIONAL SCHOOL DISTRICT. 140
(4) The value of all real and public utility real property 142
in the school district exempted from taxation minus both of the 143
following: 144
(a) The value of real and public utility real property in 146
the district owned by the United States government and used 147
exclusively for a public purpose; 148
(b) The value of real and public utility real property in 150
the district exempted from taxation under Chapter 725. or 1728. 151
or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 152
5709.73, or 5709.78 of the Revised Code. 153
(5) The total effective operating tax rate for the 155
district in the tax year for which the most recent data are 156
available.
(B) On or before the first day of May each year, the tax 158
commissioner shall certify to the department of education the 159
total taxable real property value of railroads and, separately, 160
the total taxable tangible personal property value of all public 161
utilities for the preceding tax year, by school district and by 162
county of location. 163
(C) If on the basis of the information certified under 165
division (A) of this section, the department determines that any 166
district fails in any year to meet the qualification requirement 167
specified in division (A) of section 3317.01 of the Revised Code, 168
the department shall immediately request the tax commissioner to 169
determine the extent to which any school district income tax 170
levied by the district under Chapter 5748. of the Revised Code 171
shall be included in meeting that requirement. Within five days 172
of receiving such a request from the department, the tax 173
commissioner shall make the determination required by this 174
division and report the quotient obtained under division (C)(3) 175
of this section to the department. This quotient represents the 176
number of mills that the department shall include in determining 177
5
whether the district meets the qualification requirement of 178
division (A) of section 3317.01 of the Revised Code. 179
The tax commissioner shall make the determination required 181
by this division as follows: 182
(1) Multiply one mill times the total taxable value of the 184
district as determined in divisions (A)(1) and (2) of this 185
section; 186
(2) Estimate the total amount of tax liability for the 188
current tax year under taxes levied by Chapter 5748. of the 189
Revised Code that are apportioned to current operating expenses 190
of the district; 191
(3) Divide the amount estimated under division (C)(2) of 193
this section by the product obtained under division (C)(1) of 194
this section. 195
(D) As used in this section: 197
(1) "Class I taxes charged and payable for current 200
expenses" means taxes charged and payable for current expenses on
land and improvements classified as residential/agricultural real 201
property under section 5713.041 of the Revised Code. 203
(2) "Class I taxable value" means the taxable value of 206
land and improvements classified as residential/agricultural real 207
property under section 5713.041 of the Revised Code. 208
(3) "Class I effective operating tax rate" of a school 211
district means the quotient obtained by dividing the school 212
district's Class I taxes charged and payable for current expenses 213
by the district's Class I taxable value.
(4) "Income tax equivalent tax rate" of a school district 215
means the quotient obtained by dividing the income tax revenue 217
disbursed during the current fiscal year under any tax levied 219
pursuant to Chapter 5748. of the Revised Code by total taxable 220
value of the district to the extent the revenue from the tax is 221
allocated or apportioned to current expenses. 222
(5) "Total effective operating tax rate" means the sum of 225
the Class I effective operating tax rate and the income tax 227
6
equivalent tax rate.
Sec. 3317.029. (A) As used in this section: 236
(1) "DPIA percentage" means the quotient obtained by 239
dividing the five-year average number of children ages five to 240
seventeen residing in the school district and living in a family 241
receiving family assistance, as certified or adjusted under 242
section 3317.10 of the Revised Code, by the district's three-year 243
average formula ADM.
(2) "Family assistance" means assistance received under 245
the Ohio works first program or, for the purpose of determining 247
the five-year average number of recipients of family assistance 248
in fiscal years 1999 through 2002, assistance received under an 249
antecedent program known as TANF or ADC. 250
(3) "Statewide DPIA percentage" means the five-year 253
average of the total number of children ages five to seventeen 254
years residing in the state and receiving family assistance, 255
divided by the sum of the three-year average formula ADMs for all 257
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 260
the school district's DPIA percentage by the statewide DPIA 262
percentage.
(5) "Kindergarten ADM" means the number of students 265
reported under section 3317.03 of the Revised Code as enrolled in 266
kindergarten. 267
(6) "Kindergarten through third grade ADM" means the 270
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 273
the all-day kindergarten percentage; 274
(b) Add the number of students in grades one through 276
three;
(d)(c) Subtract from the sum calculated under division 278
(A)(6)(c)(b) of this section the number of special education 280
students in grades kindergarten through three. 281
(7) "Statewide average teacher salary" means thirty-nine 283
7
thousand ninety-two dollars, which includes an amount for the 284
value of fringe benefits. 285
(8) "All-day kindergarten" means a kindergarten class that 288
is in session five days per week for not less than the same 289
number of clock hours each day as for pupils in grades one 290
through six.
(9) "All-day kindergarten percentage" means the percentage 292
of a district's actual total number of students enrolled in 293
kindergarten who are enrolled in all-day kindergarten. 294
(10) "Buildings with the highest concentration of need" 296
means the school buildings in a district with percentages of 298
students receiving family assistance in grades kindergarten 299
through three at least as high as the district-wide percentage of 300
students receiving family assistance. If, however, the 301
information provided by the department of human services under 302
section 3317.10 of the Revised Code is insufficient to determine 305
the family assistance percentage in each building, "buildings 306
with the highest concentration of need" has the meaning given in 307
rules that the department of education shall adopt. The rules 308
shall base the definition of "buildings with the highest 309
concentration of need" on family income of students in grades 310
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 311
division and division (G) of this section to designate buildings 313
where the family assistance percentage in those grades equals or 314
exceeds the district-wide family assistance percentage. 315
(B) In addition to the amounts required to be paid to a 318
school district under section 3317.022 of the Revised Code, a 319
school district shall receive the greater of the amount the 320
district received in fiscal year 1998 pursuant to division (B) of 321
section 3317.023 of the Revised Code as it existed at that time 323
or the sum of the computations made under divisions (C) to (E) of 324
this section.
(C) A supplemental payment that may be utilized for 326
8
measures related to safety and security and for remediation or 327
similar programs, calculated as follows: 328
(1) If the DPIA index of the school district is greater 331
than or equal to thirty-five-hundredths, but less than one, an 332
amount obtained by multiplying the five-year average number of 333
pupils in a district receiving family assistance by two hundred 334
thirty dollars; 335
(2) If the DPIA index of the school district is greater 338
than or equal to one, an amount obtained by multiplying the DPIA 340
index by two hundred thirty dollars and multiplying that product 341
by the five-year average number of pupils in a district receiving 342
family assistance. 343
(D) A payment for all-day kindergarten if the DPIA index 346
of the school district is greater than or equal to one or if the 347
district's three-year average formula ADM exceeded seventeen 348
thousand five hundred, calculated by multiplying the all-day 349
kindergarten percentage by the kindergarten ADM and multiplying 350
that product by the formula amount. 351
(E) A class-size reduction payment based on calculating 354
the number of new teachers necessary to achieve a lower 355
student-teacher ratio, as follows: 356
(1) Determine or calculate a formula number of teachers 358
per one thousand students based on the DPIA index of the school 360
district as follows: 361
(a) If the DPIA index of the school district is less than 364
six-tenths, the formula number of teachers is 43.478, which is 365
the number of teachers per one thousand students at a 366
student-teacher ratio of twenty-three to one; 367
(b) If the DPIA index of the school district is greater 370
than or equal to six-tenths, but less than two and one-half, the 371
formula number of teachers is calculated as follows: 372
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 374
Where 43.478 is the number of teachers per one thousand 376
students at a student-teacher ratio of twenty-three to one; 1.9 377
9
is the interval from a DPIA index of six-tenths to a DPIA index 380
of two and one-half; and 23.188 is the difference in the number 381
of teachers per one thousand students at a student-teacher ratio 382
of fifteen to one and the number of teachers per one thousand 383
students at a student-teacher ratio of twenty-three to one. 385
(c) If the DPIA index of the school district is greater 388
than or equal to two and one-half, the formula number of teachers 389
is 66.667, which is the number of teachers per one thousand 390
students at a student-teacher ratio of fifteen to one. 391
(2) Multiply the formula number of teachers determined or 393
calculated in division (E)(1) of this section by the kindergarten 395
through third grade ADM for the district and divide that product 396
by one thousand;
(3) Calculate the number of new teachers as follows: 398
(a) Multiply the kindergarten through third grade ADM by 401
43.478, which is the number of teachers per one thousand students 402
at a student-teacher ratio of twenty-three to one, and divide 403
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 406
of this section from the product in division (E)(2) of this 407
section.
(4) Multiply the greater of the difference obtained under 409
division (E)(3) of this section or zero by the statewide average 411
teachers salary.
(F) This division applies only to school districts whose 413
DPIA index is one or greater. 414
(1) Each school district subject to this division shall 416
first utilize funds received under this section so that, when 417
combined with other funds of the district, sufficient funds exist 418
to provide all-day kindergarten to at least the number of 419
children in the district's all-day kindergarten percentage. 420
(2) Up to an amount equal to the district's DPIA index 422
multiplied by the five-year average number of pupils in a 423
district receiving family assistance multiplied by two hundred 424
10
thirty dollars of the money distributed under this section may be 426
utilized for one or both of the following: 427
(a) Programs designed to ensure that schools are free of 430
drugs and violence and have a disciplined environment conducive 431
to learning;
(b) Remediation for students who have failed or are in 434
danger of failing any of the proficiency tests administered 435
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 437
section, all other funds distributed under this section to 438
districts subject to this division shall be utilized for the 439
purpose of the third grade guarantee. The third grade guarantee 440
consists of increasing the amount of instructional attention 442
received per pupil in kindergarten through third grade, either by 443
reducing the ratio of students to instructional personnel or by 444
increasing the amount of instruction and curriculum-related 445
activities by extending the length of the school day or the 446
school year.
School districts may implement a reduction of the ratio of 448
students to instructional personnel through any or all of the 449
following methods: 450
(a) Reducing the number of students in a classroom taught 453
by a single teacher;
(b) Employing full-time educational aides or educational 456
paraprofessionals issued a permit or license under section 457
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 460
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 462
the amount of time allocated for each class, increasing the 463
number of classes provided per day, offering optional 464
academic-related after-school programs, providing 465
curriculum-related extra curricular activities, or establishing 466
tutoring or remedial services for students who have demonstrated 467
11
an educational need. In accordance with section 3319.089 of the 468
Revised Code, a district extending the school day pursuant to 470
this division may utilize a participant of the work experience 471
program who has a child enrolled in a public school in that 472
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 473
work experience program participant is compensated, the school 474
district may use the funds distributed under this section for all 475
or part of the compensation.
Districts may extend the school year either through adding 477
regular days of instruction to the school calendar or by 478
providing summer programs. 479
(G) Each district subject to division (F) of this section 482
shall not expend any funds received under division (E) of this 483
section in any school buildings that are not buildings with the 484
highest concentration of need, unless there is a ratio of 485
instructional personnel to students of no more than fifteen to 486
one in each kindergarten and first grade class in all buildings 487
with the highest concentration of need. This division does not 489
require that the funds used in buildings with the highest 490
concentration of need be spent solely to reduce the ratio of 491
instructional personnel to students in kindergarten and first 492
grade. A school district may spend the funds in those buildings 493
in any manner permitted by division (F)(3) of this section, but 494
may not spend the money in other buildings unless the 495
fifteen-to-one ratio required by this division is attained. 496
(H)(1) By the first day of August of each fiscal year, 498
each school district wishing to receive any funds under division 499
(D) of this section shall submit to the department of education 501
an estimate of its all-day kindergarten percentage. Each 503
district shall update its estimate throughout the fiscal year in 504
the form and manner required by the department, and the 505
department shall adjust payments under this section to reflect 506
the updates.
12
(2) Annually by the end of December, the department of 508
education, utilizing data from the information system established 510
under section 3301.0714 of the Revised Code and after 511
consultation with the legislative office of education oversight, 512
shall determine for each school district subject to division (F) 513
of this section whether in the preceding fiscal year the 514
district's ratio of instructional personnel to students; and its 515
number of kindergarten students receiving all-day kindergarten 516
appear reasonable, given the amounts of money the district 517
received for that fiscal year pursuant to divisions (D) and (E) 518
of this section. If the department is unable to verify from the 519
data available that students are receiving reasonable amounts of 520
instructional attention and all-day kindergarten, given the funds 521
the district has received under this section and that class-size 523
reduction funds are being used in school buildings with the 524
highest concentration of need as required by division (G) of this 525
section, the department shall conduct a more intensive 526
investigation to ensure that funds have been expended as required 527
by this section. The department shall file an annual report of 528
its findings under this division with the chairpersons of the 529
committees in each house of the general assembly dealing with 530
finance and education.
(I) Any school district with a DPIA index less than one 532
and a three-year average formula ADM exceeding seventeen thousand 535
five hundred shall first utilize funds received under this 536
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 537
least the number of children in the district's all-day 538
kindergarten percentage. Such a district shall expend at least 539
seventy per cent of the remaining funds received under this 540
section, and any other district with a DPIA index less than one 542
shall expend at least seventy per cent of all funds received 543
under this section, for any of the following purposes: 544
(1) The purchase of technology for instructional purposes; 547
13
(2) All-day kindergarten; 549
(3) Reduction of class sizes; 551
(4) Summer school remediation; 553
(5) Dropout prevention programs; 555
(6) Guaranteeing that all third graders are ready to 558
progress to more advanced work;
(7) Summer education and work programs; 560
(8) Adolescent pregnancy programs; 562
(9) Head start or preschool programs; 564
(10) Reading improvement programs described by the 567
department of education;
(11) Programs designed to ensure that schools are free of 570
drugs and violence and have a disciplined environment conducive 571
to learning;
(12) Furnishing, free of charge, materials used in courses 574
of instruction, except for the necessary textbooks OR ELECTRONIC
TEXTBOOKS required to be furnished without charge pursuant to 576
section 3329.06 of the Revised Code, to pupils living in families 577
participating in Ohio works first in accordance with section 578
3313.642 of the Revised Code; 579
(13) School breakfasts provided pursuant to section 581
3313.813 of the Revised Code. 582
Each district shall submit to the department, in such 584
format and at such time as the department shall specify, a report 585
on the programs for which it expended funds under this division. 586
(J) If at any time the superintendent of public 588
instruction determines that a school district receiving funds 589
under division (D) of this section has enrolled less than the 590
all-day kindergarten percentage reported for that fiscal year, 592
the superintendent shall withhold from the funds otherwise due 593
the district under this section a proportional amount as 594
determined by the difference in the certified all-day 595
kindergarten percentage and the percentage actually enrolled in 596
all-day kindergarten. 597
14
The superintendent shall also withhold an appropriate 599
amount of funds otherwise due a district for any other misuse of 600
funds not in accordance with this section. 601
Sec. 3317.0216. (A) As used in this section: 610
(1) "Total taxes charged and payable for current expenses" 613
means the sum of the taxes charged and payable as certified under 614
division (A)(3)(a) of section 3317.021 of the Revised Code LESS 615
ANY AMOUNTS REPORTED UNDER DIVISION (A)(3)(b) OF THAT SECTION, 616
and the tax liability DISTRIBUTION for the preceding year under 617
any school district income tax levied by the district pursuant to 619
Chapter 5748. of the Revised Code to the extent the revenue from 621
the income tax is allocated or apportioned to current expenses. 622
(2) "State equalization enhancement payments" means any 624
payment made to a school district pursuant to section 3317.0215 625
of the Revised Code for the preceding fiscal year. 626
(3) "Charge-off amount" means the product obtained by 628
multiplying two and three-tenths per cent by adjusted total 629
taxable value. 630
(4) "Total receipts available for current expenses" of a 633
school district means the sum of total taxes charged and payable 634
for current expenses and the district's state equalization
enhancement payments. 635
(5) "Local share of special education and related services 637
additional weighted costs" has the same meaning as in division 640
(C)(3) of section 3317.022 of the Revised Code.
(B) Upon receiving the certifications under section 642
3317.021 of the Revised Code, the department of education shall 643
determine for each city, local, and exempted village school 645
district whether the district's charge-off amount is greater than 646
the district's total receipts available for current expenses, and 647
if it is, shall pay the district the amount of the difference. A 648
payment shall not be made to any school district for which the 649
computation under division (A) of section 3317.022 of the Revised 650
Code equals zero. 651
15
(C)(1) If a district's charge-off amount is equal to or 653
greater than its total receipts available for current expenses, 654
the department shall, in addition to the payment required under 655
division (B) of this section, pay the district the amount of the 656
local share of special education expenses. 657
(2) If a district's charge-off amount is less than its 659
total receipts available for current expenses, the department 660
shall pay the district any amount by which its local share of 663
special education and related services additional weighted costs 664
exceeds its total receipts available for current expenses minus 666
its charge-off amount.
Sec. 3317.06. Moneys paid to school districts under 675
division (L) of section 3317.024 of the Revised Code shall be 677
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks OR ELECTRONIC 679
TEXTBOOKS as have been approved by the superintendent of public 681
instruction for use in public schools in the state and to loan 682
such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending 684
nonpublic schools within the district or to their parents and to 685
hire clerical personnel to administer such lending program. Such 686
loans shall be based upon individual requests submitted by such 687
nonpublic school pupils or parents. Such requests shall be 688
submitted to the school district in which the nonpublic school is 689
located. Such individual requests for the loan of textbooks OR 690
ELECTRONIC TEXTBOOKS shall, for administrative convenience, be 691
submitted by the nonpublic school pupil or the pupil's parent to 693
the nonpublic school, which shall prepare and submit collective 694
summaries of the individual requests to the school district. As 695
used in this section, "textbook: 696
(1) "TEXTBOOK" means any book or book substitute which 699
THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text 700
substitute, OR TEXT SUPPLEMENT in a particular class or program 702
in the school the pupil regularly attends. 703
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, 705
16
INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 706
COURSEWARE, LOCAL AND REMOTE COMPUTER ASSISTED INSTRUCTION, 707
ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING 708
INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE 709
LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to 711
pupils attending nonpublic schools within the district. Such 712
service shall be provided in the nonpublic school attended by the 713
pupil receiving the service. 714
(C) To provide physician, nursing, dental, and optometric 716
services to pupils attending nonpublic schools within the 717
district. Such services shall be provided in the school attended 718
by the nonpublic school pupil receiving the service. 719
(D) To provide diagnostic psychological services to pupils 721
attending nonpublic schools within the district. Such services 722
shall be provided in the school attended by the pupil receiving 723
the service. 724
(E) To provide therapeutic psychological and speech and 726
hearing services to pupils attending nonpublic schools within the 727
district. Such services shall be provided in the public school, 728
in nonpublic schools, in public centers, or in mobile units 729
located on or off of the nonpublic premises. If such services 730
are provided in the public school or in public centers, 731
transportation to and from such facilities shall be provided by 732
the school district in which the nonpublic school is located. 733
(F) To provide guidance and counseling services to pupils 735
attending nonpublic schools within the district. Such services 736
shall be provided in the public school, in nonpublic schools, in 737
public centers, or in mobile units located on or off of the 739
nonpublic premises. If such services are provided in the public 740
school or in public centers, transportation to and from such 741
facilities shall be provided by the school district in which the 742
nonpublic school is located.
(G) To provide remedial services to pupils attending 744
17
nonpublic schools within the district. Such services shall be 745
provided in the public school, in nonpublic schools, in public 746
centers, or in mobile units located on or off of the nonpublic 747
premises. If such services are provided in the public school or 749
in public centers, transportation to and from such facilities 750
shall be provided by the school district in which the nonpublic 751
school is located.
(H) To supply for use by pupils attending nonpublic 753
schools within the district such standardized tests and scoring 754
services as are in use in the public schools of the state; 755
(I) To provide programs for children who attend nonpublic 757
schools within the district and are handicapped children as 758
defined in division (A) of section 3323.01 of the Revised Code or 759
gifted children. Such programs shall be provided in the public 760
school, in nonpublic schools, in public centers, or in mobile 761
units located on or off of the nonpublic premises. If such 764
programs are provided in the public school or in public centers, 765
transportation to and from such facilities shall be provided by 766
the school district in which the nonpublic school is located. 767
(J) To hire clerical personnel to assist in the 769
administration of programs pursuant to divisions (B), (C), (D), 770
(E), (F), (G), and (I) of this section and to hire supervisory 771
personnel to supervise the providing of services and textbooks 772
pursuant to this section. 773
(K) To purchase any secular, neutral, and nonideological 775
computer software (INCLUDING SITE-LICENSING), prerecorded video 777
laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and 778
video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED 780
TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science equipment and materials, INSTRUCTIONAL MATERIALS, AND 783
SCHOOL LIBRARY MATERIALS that are in general use in the public 784
schools of the state and loan such computer software, prerecorded 785
video laserdiscs, compact discs, and video cassette cartridges, 787
equipment, and materials ITEMS to pupils attending nonpublic 789
18
schools within the district or to their parents, and to hire 790
clerical personnel to administer the lending program. Only 791
computer software, prerecorded video laserdiscs, compact discs, 793
and video cassette cartridges, equipment, and materials SUCH 795
ITEMS that are incapable of diversion to religious use and that 797
are susceptible of loan to individual pupils and are furnished 798
for the use of individual pupils shall be purchased and loaned 799
under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, 800
NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO 801
THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL 802
RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET 803
COMMISSION.
(L) To purchase instructional equipment, including 805
computer hardware, for use by pupils attending nonpublic schools 807
within the district, if such usage only occurs when these pupils 809
are being provided the secular remedial, diagnostic, or 810
therapeutic services pursuant to division (B), (D), (E), (F), 812
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 815
of services pursuant to divisions (E), (F), (G), and (I) of this 818
section and to pay for necessary repairs and operating costs 819
associated with these units. 820
Clerical and supervisory personnel hired pursuant to 822
division (J) of this section shall perform their services in the 823
public schools, in nonpublic schools, public centers, or mobile 824
units where the services are provided to the nonpublic school 826
pupil, except that such personnel may accompany pupils to and 827
from the service sites when necessary to ensure the safety of the 828
children receiving the services. 829
Health services provided pursuant to divisions (B), (C), 831
(D), and (E) of this section may be provided under contract with 832
the department of health, city or general health districts, or 833
private agencies whose personnel are properly licensed by an 834
19
appropriate state board or agency. 835
Transportation of pupils provided pursuant to divisions 837
(E), (F), (G), and (I) of this section shall be provided by the 838
school district from its general funds and not from moneys paid 839
to it under division (L) of section 3317.024 of the Revised Code 841
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 842
If such an application is presented to the school district, it 843
may pay for the transportation from moneys paid to it under 844
division (L) of section 3317.024 of the Revised Code. 845
No school district shall provide health or remedial 847
services to nonpublic school pupils as authorized by this section 848
unless such services are available to pupils attending the public 849
schools within the district. 850
Materials, equipment, computer software, textbooks, 852
ELECTRONIC TEXTBOOKS, and health and remedial services provided 854
for the benefit of nonpublic school pupils pursuant to this 855
section and the admission of pupils to such nonpublic schools 856
shall be provided without distinction as to race, creed, color, 857
or national origin of such pupils or of their teachers. 858
No school district shall provide services for use in 860
religious courses, devotional exercises, religious training, or 861
any other religious activity. 862
As used in this section, "parent" includes a person 864
standing in loco parentis to a child. 865
Notwithstanding section 3317.01 of the Revised Code, 867
payments shall be made under this section to any city, local, or 868
exempted village school district within which is located one or 869
more nonpublic elementary or high schools. 870
The allocation of payments for materials, equipment, 872
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial 873
services to city, local, and exempted village school districts 875
shall be on the basis of the state board of education's estimated 876
annual average daily membership in nonpublic elementary and high 877
20
schools located in the district. 878
Payments made to city, local, and exempted village school 880
districts under this section shall be equal to specific 881
appropriations made for the purpose. All interest earned by a 882
school district on such payments shall be used by the district 883
for the same purposes and in the same manner as the payments may 884
be used. 885
The department of education shall adopt guidelines and 887
procedures under which such programs and services shall be 888
provided, under which districts shall be reimbursed for 889
administrative costs incurred in providing such programs and 890
services, and under which any unexpended balance of the amounts 891
appropriated by the general assembly to implement this section 892
may be transferred to the auxiliary services personnel 893
unemployment compensation fund established pursuant to section 894
4141.47 of the Revised Code. The department shall also adopt 895
guidelines and procedures limiting the purchase and loan of 896
computer software, equipment, and materials under THE ITEMS 897
DESCRIBED IN division (K) of this section to items that are in 899
general use in the public schools of the state, that are 900
incapable of diversion to religious use, and that are susceptible 901
to individual use rather than classroom use. Within thirty days 902
after the end of each biennium, each board of education shall 903
remit to the department all moneys paid to it under division (L) 904
of section 3317.024 of the Revised Code and any interest earned 905
on those moneys that are not required to pay expenses incurred 906
under this section during the biennium for which the money was 907
appropriated and during which the interest was earned. If a 908
board of education subsequently determines that the remittal of 909
moneys leaves the board with insufficient money to pay all valid 910
expenses incurred under this section during the biennium for 911
which the remitted money was appropriated, the board may apply to 912
the department of education for a refund of money, not to exceed 913
the amount of the insufficiency. If the department determines 914
21
the expenses were lawfully incurred and would have been lawful 915
expenditures of the refunded money, it shall certify its 916
determination and the amount of the refund to be made to the 917
administrator of the bureau of employment services who shall make 918
a refund as provided in section 4141.47 of the Revised Code. 919
Sec. 3329.01. Any publisher of schoolbooks TEXTBOOKS OR 928
ELECTRONIC TEXTBOOKS in the United States desiring to offer 930
schoolbooks SUCH TEXTBOOKS OR ELECTRONIC TEXTBOOKS for use by 932
pupils in the public schools of Ohio, before such books TEXTBOOKS 933
OR ELECTRONIC TEXTBOOKS may be adopted and purchased by any
school board, must, on or before the first day of January of each 935
year, file in the office of the superintendent of public 936
instruction, a statement that the list wholesale price to school 937
districts in Ohio will be no more than the lowest list wholesale 938
price available to school districts in any other state. No 939
NO publisher OF A TEXTBOOK shall file a statement under 941
this section unless the publisher complies with both of the 943
following:
(A) At the same time as filing the statement, the 945
publisher also files the wholesale price of a computer diskette 947
that contains the text of the schoolbook TEXTBOOK in the American 949
standard code for information interchange or in another computer 950
language approved by the superintendent of public instruction for 951
translating the text of the schoolbook TEXTBOOK into braille. 952
(B) The list wholesale price filed for any specified 954
number of computer diskettes for the schoolbook TEXTBOOK does not 955
exceed the list wholesale price for the same number of the 956
printed version of that schoolbook TEXTBOOK. 957
AS USED IN THIS SECTION AND IN SECTIONS 3329.03 TO 3329.10 959
OF THE REVISED CODE, "ELECTRONIC TEXTBOOK" MEANS COMPUTER 960
SOFTWARE, INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 961
COURSEWARE, ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF 962
CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO 963
THE LEARNING PROCESS THROUGH ELECTRONIC MEANS. 964
22
Sec. 3329.03. If a publisher who agreed in writing to 973
furnish books as provided in FILES A STATEMENT UNDER section 974
3329.02 3329.01 of the Revised Code, fails or refuses to furnish 976
such books TEXTBOOKS OR ELECTRONIC TEXTBOOKS adopted as provided 977
in sections 3329.01 to 3329.10, inclusive, of the Revised Code to 978
any board of education upon the terms provided in such sections, 979
such board at once must notify the state board of education of 980
such failure or refusal, and the state board of education at once 981
shall cause an investigation of such charge to be made. If it is 982
found to be true, the state board of education at once shall 983
notify such publisher and each board in the state that such book 984
TEXTBOOKS OR ELECTRONIC TEXTBOOKS shall not thereafter be adopted 986
and purchased by boards of education. Such publisher shall pay 987
to the state five hundred dollars for each failure, to be 988
recovered in the name of the state, in an action to be brought by 989
the attorney general, in the court of common pleas of Franklin 990
county, or in any other proper court or in any other place where 991
service can be made. The amount, when collected, must be paid 992
into the state treasury to the credit of the state general 993
revenue fund.
Sec. 3329.04. A board of education shall not adopt or 1,002
cause to be used in the public schools any book TEXTBOOK OR 1,003
ELECTRONIC TEXTBOOK whose publisher has not complied with 1,006
sections 3329.01 to 3329.10, inclusive, of the Revised Code as to 1,007
such book TEXTBOOK OR ELECTRONIC TEXTBOOK. 1,009
Sec. 3329.05. Sections 3329.01 to 3329.04, inclusive, and 1,018
section 3329.08 of the Revised Code do not apply to the purchase 1,020
of supplementary reading books, library books, reference books, 1,021
or any other books except textbooks AND ELECTRONIC TEXTBOOKS USED 1,022
IN LIEU OF TEXTBOOKS, required by the board of education. All of 1,023
such books, except textbooks AND ELECTRONIC TEXTBOOKS required by 1,024
the board, shall be ordered, received, examined, and paid for in 1,025
the same manner and by the same persons as other supplies and 1,026
equipment.
23
Sec. 3329.06. The board of education of each city, 1,035
exempted village, and local school district shall furnish, free 1,036
of charge, the necessary textbooks to the pupils attending the 1,037
public schools. IN LIEU OF TEXTBOOKS, DISTRICT BOARDS MAY 1,038
FURNISH ELECTRONIC TEXTBOOKS TO PUPILS ATTENDING THE PUBLIC
SCHOOLS, PROVIDED THE ELECTRONIC TEXTBOOKS ARE FURNISHED FREE OF 1,039
CHARGE. A DISTRICT BOARD THAT CHOOSES TO FURNISH ELECTRONIC 1,040
TEXTBOOKS TO PUPILS ATTENDING SCHOOL IN THE DISTRICT SHALL 1,041
PROVIDE REASONABLE ACCESS TO THE ELECTRONIC TEXTBOOKS AND OTHER 1,042
NECESSARY COMPUTER EQUIPMENT TO PUPILS IN THE DISTRICT WHO ARE 1,043
REQUIRED TO COMPLETE HOMEWORK ASSIGNMENTS, AND TEACHERS PROVIDING 1,044
HOMEWORK ASSIGNMENTS, UTILIZING ELECTRONIC TEXTBOOKS FURNISHED BY 1,045
THE DISTRICT BOARD. Pupils wholly or in part supplied with 1,047
necessary textbooks OR ELECTRONIC TEXTBOOKS shall be supplied 1,048
only as other or new books TEXTBOOKS OR ELECTRONIC TEXTBOOKS are 1,049
needed. A board may limit its purchase and ownership of books 1,050
TEXTBOOKS OR ELECTRONIC TEXTBOOKS needed for its schools to six 1,051
subjects per year, the cost of which shall not exceed twenty-five 1,052
per cent of the entire cost of adoption. All textbooks OR
ELECTRONIC TEXTBOOKS furnished as provided in this section shall 1,054
be the property of the district, and loaned to the pupils on such 1,055
terms as each such board prescribes. In order to carry out 1,056
sections 3329.01 to 3329.10, inclusive, of the Revised Code, each
board, in the preparation of its annual budget, shall include as 1,058
a separate item the amount which the board finds necessary to 1,059
administer such sections and such amount shall not be subject to 1,060
transfer to any other fund.
Sec. 3329.07. The board of education of each city, 1,069
exempted village, and local school district shall cause it to be 1,070
ascertained and at a regular meeting determine which, and the 1,071
number of each of the textbooks OR ELECTRONIC TEXTBOOKS the 1,072
schools under its charge require. The treasurer at once shall 1,074
order the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS agreed upon 1,075
from the publisher, who on the receipt of such order must ship 1,076
24
them THE TEXTBOOKS OR ELECTRONIC TEXTBOOKS to the treasurer 1,077
without delay. He THE TREASURER forthwith shall examine the 1,079
books TEXTBOOKS OR ELECTRONIC TEXTBOOKS, and, if found right and 1,080
in accordance with the order, remit the amount to the publisher.
The board must pay for the books TEXTBOOKS OR ELECTRONIC 1,081
TEXTBOOKS so purchased and in addition all charges for the 1,083
transportation of the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS out 1,084
of the general fund of said district or out of such other funds 1,085
as it may have available for such purchase of textbooks OR 1,086
ELECTRONIC TEXTBOOKS. If such board at any time can secure from 1,088
the publishers books TEXTBOOKS OR ELECTRONIC TEXTBOOKS at less 1,089
than such maximum price, they shall do so, and without
unnecessary delay may make effort to secure such lower price 1,090
before adopting any particular textbooks OR ELECTRONIC TEXTBOOKS. 1,091
Sec. 3329.08. At any regular meeting, the board of 1,100
education of each local school district, from lists adopted by 1,101
the educational service center governing board, and the board of 1,102
education of each city and exempted village school district shall 1,103
determine by a majority vote of all members elected or appointed 1,104
under division (B) or (F) of section 3311.71 of the Revised Code 1,105
which of such textbooks OR ELECTRONIC TEXTBOOKS so filed shall be 1,107
used in the schools under its control. No EXCEPT FOR PERIODIC 1,108
AND NORMAL UPDATING OF ELECTRONIC TEXTBOOKS, NO textbooks OR
ELECTRONIC TEXTBOOKS shall be changed, nor any part thereof 1,110
altered or revised, nor any other textbook OR ELECTRONIC TEXTBOOK 1,111
substituted therefor, within four years after the date of 1,112
selection and adoption thereof, as shown by the official records 1,113
of such boards, except by the consent, at a regular meeting, of 1,114
four-fifths of all members elected thereto. Books TEXTBOOKS OR 1,115
ELECTRONIC TEXTBOOKS so substituted shall be adopted for the full 1,116
term of four years. 1,117
Sec. 3329.09. Each city, exempted village, and local board 1,126
of education shall make all necessary provisions and arrangements 1,127
to place the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased 1,128
25
within easy reach of and accessible to all the pupils in their 1,131
district. In city and exempted village school districts the 1,132
superintendent of schools and in local school districts the 1,133
treasurer of the board of education shall be the custodian of all 1,134
schoolbooks TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased for the 1,135
use of and furnished free to all the pupils attending public 1,136
schools of such district. They shall distribute such books 1,137
TEXTBOOKS OR ELECTRONIC TEXTBOOKS, keep such records, maintain 1,140
such accounts, and make such reports as the board requires. The 1,141
board may employ such additional help as is necessary to properly 1,142
administer this section.
This section does not prohibit any pupil, or the parent of 1,144
any pupil, from purchasing textbooks OR ELECTRONIC TEXTBOOKS for 1,146
their own use, or the use of their children or wards in the 1,148
schools of the district in which such purchaser resides. The 1,149
board in each school district upon the request of a pupil, or the 1,150
parent of any pupil, shall sell to such individual making the 1,151
request textbooks OR ELECTRONIC TEXTBOOKS of the kind requested 1,154
at a price not to exceed the cost paid therefor plus ten per 1,155
cent. The proceeds of such sales shall be credited to the fund 1,156
from which payments are made by the board for the purchase of 1,157
textbooks OR ELECTRONIC TEXTBOOKS. AS USED IN THIS PARAGRAPH,
THE WORD "PUPIL" INCLUDES ANY SCHOOL-AGED CHILD WHO RESIDES IN 1,158
THE DISTRICT.
Sec. 3329.10. A superintendent, supervisor, principal, or 1,167
teacher employed by any board of education shall not act as sales 1,168
agent, either directly or indirectly, for any person, firm, or 1,169
corporation whose THAT FILES school textbooks are filed OR 1,171
ELECTRONIC TEXTBOOKS with the superintendent of public
instruction, or for THAT SELLS school apparatus or equipment of 1,173
any kind for use in the public schools. A violation of this
section shall work a forfeiture of their licenses to teach in the 1,174
public schools. 1,175
Section 2. That existing sections 3313.484, 3313.642, 1,177
26
3317.021, 3317.029, 3317.0216, 3317.06, 3329.01, 3329.03, 1,179
3329.04, 3329.05, 3329.06, 3329.07, 3329.08, 3329.09, and 3329.10 1,180
of the Revised Code are hereby repealed. 1,181
Section 3. Notwithstanding section 3313.484 of the Revised 1,183
Code as it existed prior to the effective date of this act, 1,184
subsidies specified in section 3313.484 of the Revised Code shall 1,185
first be paid in June 1999 for the fiscal year that ends in that 1,186
month.
Section 4. This act is hereby declared to be an emergency 1,188
measure necessary for the immediate preservation of the public 1,189
peace, health, and safety. The reason for this necessity is that 1,190
its immediate enactment will correct a deficiency in the school 1,191
appropriations act of last year to enable a proper calculation of 1,192
funds to be made and paid to school districts before the end of
the fiscal year. Therefore, this act shall go into immediate 1,193
effect.