As Passed by the Senate                       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           

   NEIN-HOTTINGER-MUMPER-ARMBRUSTER-WATTS-SPADA-DRAKE-PRENTISS     13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 3313.484, 3313.642, 3317.021,       16           

                3317.029, 3317.0216, 3317.06, 3329.01, and         17           

                3329.03 to 3329.10 of the Revised Code to permit   19           

                school districts to purchase electronic textbooks               

                under the same conditions as textbooks are         21           

                purchased, to permit school districts to furnish   23           

                electronic textbooks to students in lieu of        24           

                traditional textbooks provided the electronic                   

                textbooks are furnished free of charge, to permit  26           

                secular electronic textbooks to be purchased and   27           

                loaned to nonpublic school students with                        

                auxiliary services funds, to expand the types of   28           

                secular textbooks and instructional materials      29           

                that may be purchased and loaned to nonpublic                   

                school students, to make corrections to the        30           

                computation of interest subsidies and gap revenue  31           

                under the school funding law, and to declare an    32           

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 3313.484, 3313.642, 3317.021,      35           

3317.029, 3317.0216, 3317.06, 3329.01, 3329.03, 3329.04, 3329.05,  37           

                                                          2      


                                                                 
3329.06, 3329.07, 3329.08, 3329.09, and 3329.10 of the Revised     38           

Code be amended to read as follows:                                40           

      Sec. 3313.484.  No loan shall be approved under sections     49           

3313.483 to 3313.4811 of the Revised Code after March 1, 1998.     50           

      By the last day of June each year, the department of         52           

education shall calculate and pay a subsidy to every school        53           

district that during the preceding calendar CURRENT FISCAL year    54           

paid and was obligated to pay interest on a loan under sections    56           

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   57           

difference between the amount of interest the district paid and    59           

was obligated to pay during the year and the interest that the     60           

district would have been obligated to pay if the interest rate on  61           

the loan had been two per cent per year.                                        

      Sec. 3313.642.  (A)  Except as provided in division (B) of   71           

this section and notwithstanding the provisions of sections        72           

3313.48 and 3313.64 of the Revised Code, the board of education    73           

of a city, exempted village, or local school district shall not    74           

be required to furnish, free of charge, to the pupils attending    75           

the public schools any materials used in a course of instruction   76           

with the exception of the necessary textbooks OR ELECTRONIC                     

TEXTBOOKS required to be furnished without charge pursuant to      78           

section 3329.06 of the Revised Code.  The board may, however,      79           

make provision by appropriations transferred from the general      80           

fund of the district or otherwise for furnishing free of charge                 

any materials used in a course of instruction to such pupils as    81           

it determines are in serious financial need of such materials.     82           

      (B)  No board of education of a school district that         84           

receives funds under section 3317.029 of the Revised Code shall    86           

charge a fee to a recipient of aid under Chapter 5107. or 5115.    87           

of the Revised Code for any materials needed to enable the         88           

recipient to participate fully in a course of instruction.  The    89           

prohibition in this division against charging a fee does not       90           

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

                                                          3      


                                                                 
recipient to participate fully in extracurricular activities or    91           

in any pupil enrichment program that is not a course of            92           

instruction.                                                                    

      (C)  Boards of education may adopt rules and regulations     95           

prescribing a schedule of fees for materials used in a course of   96           

instruction and prescribing a schedule of charges which may be     97           

imposed upon pupils for the loss, damage, or destruction of        98           

school apparatus, equipment, musical instruments, library          99           

material, textbooks, OR ELECTRONIC TEXTBOOKS required to be        101          

furnished without charge, and for damage to school buildings, and  102          

may enforce the payment of such fees and charges by withholding    103          

the grades and credits of the pupils concerned.                    104          

      Sec. 3317.021.  (A)  On or before the first day of June of   113          

each year, the tax commissioner shall certify to the department    114          

of education the following information for each city, exempted     115          

village, and local school district and the information required    116          

by divisions (A)(1) and (2) of this section for each joint         117          

vocational school district, and it shall be used, along with the   118          

information certified under division (B) of this section, in       119          

making the computations for the district under section 3317.022    120          

or 3317.16 of the Revised Code:                                    121          

      (1)  The taxable value of real and public utility real       123          

property in the school district subject to taxation in the         124          

preceding tax year, by class and by county of location;            125          

      (2)  The taxable value of tangible personal property,        127          

including public utility personal property, subject to taxation    128          

by the district for the preceding tax year;                        129          

      (3)(a)  The total property tax rate and total taxes charged  131          

and payable for the current expenses for the preceding tax year    132          

and the total property tax rate and the total taxes charged and    133          

payable to a joint vocational district for the preceding tax year  134          

that are limited to or to the extent apportioned to current        135          

expenses;                                                          136          

      (b)  THE PORTION OF THE AMOUNT OF TAXES CHARGED AND PAYABLE  138          

                                                          4      


                                                                 
REPORTED FOR EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL         139          

DISTRICT UNDER DIVISION (A)(3)(a) OF THIS SECTION ATTRIBUTABLE TO  140          

A JOINT VOCATIONAL SCHOOL DISTRICT.                                141          

      (4)  The value of all real and public utility real property  143          

in the school district exempted from taxation minus both of the    144          

following:                                                         145          

      (a)  The value of real and public utility real property in   147          

the district owned by the United States government and used        148          

exclusively for a public purpose;                                  149          

      (b)  The value of real and public utility real property in   151          

the district exempted from taxation under Chapter 725. or 1728.    152          

or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,  153          

5709.73, or 5709.78 of the Revised Code.                           154          

      (5)  The total effective operating tax rate for the          156          

district in the tax year for which the most recent data are        157          

available.                                                                      

      (B)  On or before the first day of May each year, the tax    159          

commissioner shall certify to the department of education the      160          

total taxable real property value of railroads and, separately,    161          

the total taxable tangible personal property value of all public   162          

utilities for the preceding tax year, by school district and by    163          

county of location.                                                164          

      (C)  If on the basis of the information certified under      166          

division (A) of this section, the department determines that any   167          

district fails in any year to meet the qualification requirement   168          

specified in division (A) of section 3317.01 of the Revised Code,  169          

the department shall immediately request the tax commissioner to   170          

determine the extent to which any school district income tax       171          

levied by the district under Chapter 5748. of the Revised Code     172          

shall be included in meeting that requirement.  Within five days   173          

of receiving such a request from the department, the tax           174          

commissioner shall make the determination required by this         175          

division and report the quotient obtained under division (C)(3)    176          

of this section to the department.  This quotient represents the   177          

                                                          5      


                                                                 
number of mills that the department shall include in determining   178          

whether the district meets the qualification requirement of        179          

division (A) of section 3317.01 of the Revised Code.               180          

      The tax commissioner shall make the determination required   182          

by this division as follows:                                       183          

      (1)  Multiply one mill times the total taxable value of the  185          

district as determined in divisions (A)(1) and (2) of this         186          

section;                                                           187          

      (2)  Estimate the total amount of tax liability for the      189          

current tax year under taxes levied by Chapter 5748. of the        190          

Revised Code that are apportioned to current operating expenses    191          

of the district;                                                   192          

      (3)  Divide the amount estimated under division (C)(2) of    194          

this section by the product obtained under division (C)(1) of      195          

this section.                                                      196          

      (D)  As used in this section:                                198          

      (1)  "Class I taxes charged and payable for current          201          

expenses" means taxes charged and payable for current expenses on               

land and improvements classified as residential/agricultural real  202          

property under section 5713.041 of the Revised Code.               204          

      (2)  "Class I taxable value" means the taxable value of      207          

land and improvements classified as residential/agricultural real  208          

property under section 5713.041 of the Revised Code.               209          

      (3)  "Class I effective operating tax rate" of a school      212          

district means the quotient obtained by dividing the school        213          

district's Class I taxes charged and payable for current expenses  214          

by the district's Class I taxable value.                                        

      (4)  "Income tax equivalent tax rate" of a school district   216          

means the quotient obtained by dividing the income tax revenue     218          

disbursed during the current fiscal year under any tax levied      220          

pursuant to Chapter 5748. of the Revised Code by total taxable     221          

value of the district to the extent the revenue from the tax is    222          

allocated or apportioned to current expenses.                      223          

      (5)  "Total effective operating tax rate" means the sum of   226          

                                                          6      


                                                                 
the Class I effective operating tax rate and the income tax        228          

equivalent tax rate.                                                            

      Sec. 3317.029.  (A)  As used in this section:                237          

      (1)  "DPIA percentage" means the quotient obtained by        240          

dividing the five-year average number of children ages five to     241          

seventeen residing in the school district and living in a family   242          

receiving family assistance, as certified or adjusted under        243          

section 3317.10 of the Revised Code, by the district's three-year  244          

average formula ADM.                                                            

      (2)  "Family assistance" means assistance received under     246          

the Ohio works first program or, for the purpose of determining    248          

the five-year average number of recipients of family assistance    249          

in fiscal years 1999 through 2002, assistance received under an    250          

antecedent program known as TANF or ADC.                           251          

      (3)  "Statewide DPIA percentage" means the five-year         254          

average of the total number of children ages five to seventeen     255          

years residing in the state and receiving family assistance,       256          

divided by the sum of the three-year average formula ADMs for all  258          

school districts in the state.                                                  

      (4)  "DPIA index" means the quotient obtained by dividing    261          

the school district's DPIA percentage by the statewide DPIA        263          

percentage.                                                                     

      (5)  "Kindergarten ADM" means the number of students         266          

reported under section 3317.03 of the Revised Code as enrolled in  267          

kindergarten.                                                      268          

      (6)  "Kindergarten through third grade ADM" means the        271          

amount calculated as follows:                                                   

      (a)  Multiply the kindergarten ADM by the sum of one plus    274          

the all-day kindergarten percentage;                               275          

      (b)  Add the number of students in grades one through        277          

three;                                                                          

      (d)(c)  Subtract from the sum calculated under division      279          

(A)(6)(c)(b) of this section the number of special education       281          

students in grades kindergarten through three.                     282          

                                                          7      


                                                                 
      (7)  "Statewide average teacher salary" means thirty-nine    284          

thousand ninety-two dollars, which includes an amount for the      285          

value of fringe benefits.                                          286          

      (8)  "All-day kindergarten" means a kindergarten class that  289          

is in session five days per week for not less than the same        290          

number of clock hours each day as for pupils in grades one         291          

through six.                                                                    

      (9)  "All-day kindergarten percentage" means the percentage  293          

of a district's actual total number of students enrolled in        294          

kindergarten who are enrolled in all-day kindergarten.             295          

      (10)  "Buildings with the highest concentration of need"     297          

means the school buildings in a district with percentages of       299          

students receiving family assistance in grades kindergarten        300          

through three at least as high as the district-wide percentage of  301          

students receiving family assistance.  If, however, the            302          

information provided by the department of human services under     303          

section 3317.10 of the Revised Code is insufficient to determine   306          

the family assistance percentage in each building, "buildings      307          

with the highest concentration of need" has the meaning given in   308          

rules that the department of education shall adopt.  The rules     309          

shall base the definition of "buildings with the highest           310          

concentration of need" on family income of students in grades      311          

kindergarten through three in a manner that, to the extent                      

possible with available data, approximates the intent of this      312          

division and division (G) of this section to designate buildings   314          

where the family assistance percentage in those grades equals or   315          

exceeds the district-wide family assistance percentage.            316          

      (B)  In addition to the amounts required to be paid to a     319          

school district under section 3317.022 of the Revised Code, a      320          

school district shall receive the greater of the amount the        321          

district received in fiscal year 1998 pursuant to division (B) of  322          

section 3317.023 of the Revised Code as it existed at that time    324          

or the sum of the computations made under divisions (C) to (E) of  325          

this section.                                                                   

                                                          8      


                                                                 
      (C)  A supplemental payment that may be utilized for         327          

measures related to safety and security and for remediation or     328          

similar programs, calculated as follows:                           329          

      (1)  If the DPIA index of the school district is greater     332          

than or equal to thirty-five-hundredths, but less than one, an     333          

amount obtained by multiplying the five-year average number of     334          

pupils in a district receiving family assistance by two hundred    335          

thirty dollars;                                                    336          

      (2)  If the DPIA index of the school district is greater     339          

than or equal to one, an amount obtained by multiplying the DPIA   341          

index by two hundred thirty dollars and multiplying that product   342          

by the five-year average number of pupils in a district receiving  343          

family assistance.                                                 344          

      (D)  A payment for all-day kindergarten if the DPIA index    347          

of the school district is greater than or equal to one or if the   348          

district's three-year average formula ADM exceeded seventeen       349          

thousand five hundred, calculated by multiplying the all-day       350          

kindergarten percentage by the kindergarten ADM and multiplying    351          

that product by the formula amount.                                352          

      (E)  A class-size reduction payment based on calculating     355          

the number of new teachers necessary to achieve a lower            356          

student-teacher ratio, as follows:                                 357          

      (1)  Determine or calculate a formula number of teachers     359          

per one thousand students based on the DPIA index of the school    361          

district as follows:                                               362          

      (a)  If the DPIA index of the school district is less than   365          

six-tenths, the formula number of teachers is 43.478, which is     366          

the number of teachers per one thousand students at a              367          

student-teacher ratio of twenty-three to one;                      368          

      (b)  If the DPIA index of the school district is greater     371          

than or equal to six-tenths, but less than two and one-half, the   372          

formula number of teachers is calculated as follows:               373          

           43.478 + §[(DPIA index-0.6)/1.9< X 23.188               375          

      Where 43.478 is the number of teachers per one thousand      377          

                                                          9      


                                                                 
students at a student-teacher ratio of twenty-three to one; 1.9    378          

is the interval from a DPIA index of six-tenths to a DPIA index    381          

of two and one-half; and 23.188 is the difference in the number    382          

of teachers per one thousand students at a student-teacher ratio   383          

of fifteen to one and the number of teachers per one thousand      384          

students at a student-teacher ratio of twenty-three to one.        386          

      (c)  If the DPIA index of the school district is greater     389          

than or equal to two and one-half, the formula number of teachers  390          

is 66.667, which is the number of teachers per one thousand        391          

students at a student-teacher ratio of fifteen to one.             392          

      (2)  Multiply the formula number of teachers determined or   394          

calculated in division (E)(1) of this section by the kindergarten  396          

through third grade ADM for the district and divide that product   397          

by one thousand;                                                                

      (3)  Calculate the number of new teachers as follows:        399          

      (a)  Multiply the kindergarten through third grade ADM by    402          

43.478, which is the number of teachers per one thousand students  403          

at a student-teacher ratio of twenty-three to one, and divide      404          

that product by one thousand;                                                   

      (b)  Subtract the quotient obtained in division (E)(3)(a)    407          

of this section from the product in division (E)(2) of this        408          

section.                                                                        

      (4)  Multiply the greater of the difference obtained under   410          

division (E)(3) of this section or zero by the statewide average   412          

teachers salary.                                                                

      (F)  This division applies only to school districts whose    414          

DPIA index is one or greater.                                      415          

      (1)  Each school district subject to this division shall     417          

first utilize funds received under this section so that, when      418          

combined with other funds of the district, sufficient funds exist  419          

to provide all-day kindergarten to at least the number of          420          

children in the district's all-day kindergarten percentage.        421          

      (2)  Up to an amount equal to the district's DPIA index      423          

multiplied by the five-year average number of pupils in a          424          

                                                          10     


                                                                 
district receiving family assistance multiplied by two hundred     425          

thirty dollars of the money distributed under this section may be  427          

utilized for one or both of the following:                         428          

      (a)  Programs designed to ensure that schools are free of    431          

drugs and violence and have a disciplined environment conducive    432          

to learning;                                                                    

      (b)  Remediation for students who have failed or are in      435          

danger of failing any of the proficiency tests administered        436          

pursuant to section 3301.0710 of the Revised Code.                              

      (3)  Except as otherwise required by division (G) of this    438          

section, all other funds distributed under this section to         439          

districts subject to this division shall be utilized for the       440          

purpose of the third grade guarantee.  The third grade guarantee   441          

consists of increasing the amount of instructional attention       443          

received per pupil in kindergarten through third grade, either by  444          

reducing the ratio of students to instructional personnel or by    445          

increasing the amount of instruction and curriculum-related        446          

activities by extending the length of the school day or the        447          

school year.                                                                    

      School districts may implement a reduction of the ratio of   449          

students to instructional personnel through any or all of the      450          

following methods:                                                 451          

      (a)  Reducing the number of students in a classroom taught   454          

by a single teacher;                                                            

      (b)  Employing full-time educational aides or educational    457          

paraprofessionals issued a permit or license under section         458          

3319.088 of the Revised Code;                                                   

      (c)  Instituting a team-teaching method that will result in  461          

a lower student-teacher ratio in a classroom.                                   

      Districts may extend the school day either by increasing     463          

the amount of time allocated for each class, increasing the        464          

number of classes provided per day, offering optional              465          

academic-related after-school programs, providing                  466          

curriculum-related extra curricular activities, or establishing    467          

                                                          11     


                                                                 
tutoring or remedial services for students who have demonstrated   468          

an educational need.  In accordance with section 3319.089 of the   469          

Revised Code, a district extending the school day pursuant to      471          

this division may utilize a participant of the work experience     472          

program who has a child enrolled in a public school in that        473          

district and who is fulfilling the work requirements of that                    

program by volunteering or working in that public school.  If the  474          

work experience program participant is compensated, the school     475          

district may use the funds distributed under this section for all  476          

or part of the compensation.                                                    

      Districts may extend the school year either through adding   478          

regular days of instruction to the school calendar or by           479          

providing summer programs.                                         480          

      (G)  Each district subject to division (F) of this section   483          

shall not expend any funds received under division (E) of this     484          

section in any school buildings that are not buildings with the    485          

highest concentration of need, unless there is a ratio of          486          

instructional personnel to students of no more than fifteen to     487          

one in each kindergarten and first grade class in all buildings    488          

with the highest concentration of need.  This division does not    490          

require that the funds used in buildings with the highest          491          

concentration of need be spent solely to reduce the ratio of       492          

instructional personnel to students in kindergarten and first      493          

grade.  A school district may spend the funds in those buildings   494          

in any manner permitted by division (F)(3) of this section, but    495          

may not spend the money in other buildings unless the              496          

fifteen-to-one ratio required by this division is attained.        497          

      (H)(1)  By the first day of August of each fiscal year,      499          

each school district wishing to receive any funds under division   500          

(D) of this section shall submit to the department of education    502          

an estimate of its all-day kindergarten percentage.  Each          504          

district shall update its estimate throughout the fiscal year in   505          

the form and manner required by the department, and the            506          

department shall adjust payments under this section to reflect     507          

                                                          12     


                                                                 
the updates.                                                                    

      (2)  Annually by the end of December, the department of      509          

education, utilizing data from the information system established  511          

under section 3301.0714 of the Revised Code and after              512          

consultation with the legislative office of education oversight,   513          

shall determine for each school district subject to division (F)   514          

of this section whether in the preceding fiscal year the           515          

district's ratio of instructional personnel to students; and its   516          

number of kindergarten students receiving all-day kindergarten     517          

appear reasonable, given the amounts of money the district         518          

received for that fiscal year pursuant to divisions (D) and (E)    519          

of this section.  If the department is unable to verify from the   520          

data available that students are receiving reasonable amounts of   521          

instructional attention and all-day kindergarten, given the funds  522          

the district has received under this section and that class-size   524          

reduction funds are being used in school buildings with the        525          

highest concentration of need as required by division (G) of this  526          

section, the department shall conduct a more intensive             527          

investigation to ensure that funds have been expended as required  528          

by this section.  The department shall file an annual report of    529          

its findings under this division with the chairpersons of the      530          

committees in each house of the general assembly dealing with      531          

finance and education.                                                          

      (I)  Any school district with a DPIA index less than one     533          

and a three-year average formula ADM exceeding seventeen thousand  536          

five hundred shall first utilize funds received under this         537          

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

sufficient funds exist to provide all-day kindergarten to at       538          

least the number of children in the district's all-day             539          

kindergarten percentage.  Such a district shall expend at least    540          

seventy per cent of the remaining funds received under this        541          

section, and any other district with a DPIA index less than one    543          

shall expend at least seventy per cent of all funds received       544          

under this section, for any of the following purposes:             545          

                                                          13     


                                                                 
      (1)  The purchase of technology for instructional purposes;  548          

      (2)  All-day kindergarten;                                   550          

      (3)  Reduction of class sizes;                               552          

      (4)  Summer school remediation;                              554          

      (5)  Dropout prevention programs;                            556          

      (6)  Guaranteeing that all third graders are ready to        559          

progress to more advanced work;                                                 

      (7)  Summer education and work programs;                     561          

      (8)  Adolescent pregnancy programs;                          563          

      (9)  Head start or preschool programs;                       565          

      (10)  Reading improvement programs described by the          568          

department of education;                                                        

      (11)  Programs designed to ensure that schools are free of   571          

drugs and violence and have a disciplined environment conducive    572          

to learning;                                                                    

      (12)  Furnishing, free of charge, materials used in courses  575          

of instruction, except for the necessary textbooks OR ELECTRONIC                

TEXTBOOKS required to be furnished without charge pursuant to      577          

section 3329.06 of the Revised Code, to pupils living in families  578          

participating in Ohio works first in accordance with section       579          

3313.642 of the Revised Code;                                      580          

      (13)  School breakfasts provided pursuant to section         582          

3313.813 of the Revised Code.                                      583          

      Each district shall submit to the department, in such        585          

format and at such time as the department shall specify, a report  586          

on the programs for which it expended funds under this division.   587          

      (J)  If at any time the superintendent of public             589          

instruction determines that a school district receiving funds      590          

under division (D) of this section has enrolled less than the      591          

all-day kindergarten percentage reported for that fiscal year,     593          

the superintendent shall withhold from the funds otherwise due     594          

the district under this section a proportional amount as           595          

determined by the difference in the certified all-day              596          

kindergarten percentage and the percentage actually enrolled in    597          

                                                          14     


                                                                 
all-day kindergarten.                                              598          

      The superintendent shall also withhold an appropriate        600          

amount of funds otherwise due a district for any other misuse of   601          

funds not in accordance with this section.                         602          

      Sec. 3317.0216.  (A)  As used in this section:               611          

      (1)  "Total taxes charged and payable for current expenses"  614          

means the sum of the taxes charged and payable as certified under  615          

division (A)(3)(a) of section 3317.021 of the Revised Code LESS    616          

ANY AMOUNTS REPORTED UNDER DIVISION (A)(3)(b) OF THAT SECTION,     617          

and the tax liability DISTRIBUTION for the preceding year under    618          

any school district income tax levied by the district pursuant to  620          

Chapter 5748. of the Revised Code to the extent the revenue from   622          

the income tax is allocated or apportioned to current expenses.    623          

      (2)  "State equalization enhancement payments" means any     625          

payment made to a school district pursuant to section 3317.0215    626          

of the Revised Code for the preceding fiscal year.                 627          

      (3)  "Charge-off amount" means the product obtained by       629          

multiplying two and three-tenths per cent by adjusted total        630          

taxable value.                                                     631          

      (4)  "Total receipts available for current expenses" of a    634          

school district means the sum of total taxes charged and payable   635          

for current expenses and the district's state equalization                      

enhancement payments.                                              636          

      (5)  "Local share of special education and related services  638          

additional weighted costs" has the same meaning as in division     641          

(C)(3) of section 3317.022 of the Revised Code.                                 

      (B)  Upon receiving the certifications under section         643          

3317.021 of the Revised Code, the department of education shall    644          

determine for each city, local, and exempted village school        646          

district whether the district's charge-off amount is greater than  647          

the district's total receipts available for current expenses, and  648          

if it is, shall pay the district the amount of the difference.  A  649          

payment shall not be made to any school district for which the     650          

computation under division (A) of section 3317.022 of the Revised  651          

                                                          15     


                                                                 
Code equals zero.                                                  652          

      (C)(1)  If a district's charge-off amount is equal to or     654          

greater than its total receipts available for current expenses,    655          

the department shall, in addition to the payment required under    656          

division (B) of this section, pay the district the amount of the   657          

local share of special education expenses.                         658          

      (2)  If a district's charge-off amount is less than its      660          

total receipts available for current expenses, the department      661          

shall pay the district any amount by which its local share of      664          

special education and related services additional weighted costs   665          

exceeds its total receipts available for current expenses minus    667          

its charge-off amount.                                                          

      Sec. 3317.06.  Moneys paid to school districts under         676          

division (L) of section 3317.024 of the Revised Code shall be      678          

used for the following independent and fully severable purposes:                

      (A)  To purchase such secular textbooks OR ELECTRONIC        680          

TEXTBOOKS as have been approved by the superintendent of public    682          

instruction for use in public schools in the state and to loan     683          

such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending         685          

nonpublic schools within the district or to their parents and to   686          

hire clerical personnel to administer such lending program.  Such  687          

loans shall be based upon individual requests submitted by such    688          

nonpublic school pupils or parents.  Such requests shall be        689          

submitted to the school district in which the nonpublic school is  690          

located.  Such individual requests for the loan of textbooks OR    691          

ELECTRONIC TEXTBOOKS shall, for administrative convenience, be     692          

submitted by the nonpublic school pupil or the pupil's parent to   694          

the nonpublic school, which shall prepare and submit collective    695          

summaries of the individual requests to the school district.  As   696          

used in this section, "textbook:                                   697          

      (1)  "TEXTBOOK" means any book or book substitute which      700          

THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text   701          

substitute, OR TEXT SUPPLEMENT in a particular class or program    703          

in the school the pupil regularly attends.                         704          

                                                          16     


                                                                 
      (2)  "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE,          706          

INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER            707          

COURSEWARE, LOCAL AND REMOTE COMPUTER ASSISTED INSTRUCTION,        708          

ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING    709          

INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE        710          

LEARNING PROCESS THROUGH ELECTRONIC MEANS.                                      

      (B)  To provide speech and hearing diagnostic services to    712          

pupils attending nonpublic schools within the district.  Such      713          

service shall be provided in the nonpublic school attended by the  714          

pupil receiving the service.                                       715          

      (C)  To provide physician, nursing, dental, and optometric   717          

services to pupils attending nonpublic schools within the          718          

district.  Such services shall be provided in the school attended  719          

by the nonpublic school pupil receiving the service.               720          

      (D)  To provide diagnostic psychological services to pupils  722          

attending nonpublic schools within the district.  Such services    723          

shall be provided in the school attended by the pupil receiving    724          

the service.                                                       725          

      (E)  To provide therapeutic psychological and speech and     727          

hearing services to pupils attending nonpublic schools within the  728          

district.  Such services shall be provided in the public school,   729          

in nonpublic schools, in public centers, or in mobile units        730          

located on or off of the nonpublic premises.  If such services     731          

are provided in the public school or in public centers,            732          

transportation to and from such facilities shall be provided by    733          

the school district in which the nonpublic school is located.      734          

      (F)  To provide guidance and counseling services to pupils   736          

attending nonpublic schools within the district.  Such services    737          

shall be provided in the public school, in nonpublic schools, in   738          

public centers, or in mobile units located on or off of the        740          

nonpublic premises.  If such services are provided in the public   741          

school or in public centers, transportation to and from such       742          

facilities shall be provided by the school district in which the   743          

nonpublic school is located.                                                    

                                                          17     


                                                                 
      (G)  To provide remedial services to pupils attending        745          

nonpublic schools within the district.  Such services shall be     746          

provided in the public school, in nonpublic schools, in public     747          

centers, or in mobile units located on or off of the nonpublic     748          

premises.  If such services are provided in the public school or   750          

in public centers, transportation to and from such facilities      751          

shall be provided by the school district in which the nonpublic    752          

school is located.                                                              

      (H)  To supply for use by pupils attending nonpublic         754          

schools within the district such standardized tests and scoring    755          

services as are in use in the public schools of the state;         756          

      (I)  To provide programs for children who attend nonpublic   758          

schools within the district and are handicapped children as        759          

defined in division (A) of section 3323.01 of the Revised Code or  760          

gifted children.  Such programs shall be provided in the public    761          

school, in nonpublic schools, in public centers, or in mobile      762          

units located on or off of the nonpublic premises.  If such        765          

programs are provided in the public school or in public centers,   766          

transportation to and from such facilities shall be provided by    767          

the school district in which the nonpublic school is located.      768          

      (J)  To hire clerical personnel to assist in the             770          

administration of programs pursuant to divisions (B), (C), (D),    771          

(E), (F), (G), and (I) of this section and to hire supervisory     772          

personnel to supervise the providing of services and textbooks     773          

pursuant to this section.                                          774          

      (K)  To purchase any secular, neutral, and nonideological    776          

computer software (INCLUDING SITE-LICENSING), prerecorded video    778          

laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and      779          

video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED  781          

TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or                     

science equipment and materials, INSTRUCTIONAL MATERIALS, AND      784          

SCHOOL LIBRARY MATERIALS that are in general use in the public     785          

schools of the state and loan such computer software, prerecorded  786          

video laserdiscs, compact discs, and video cassette cartridges,    788          

                                                          18     


                                                                 
equipment, and materials ITEMS to pupils attending nonpublic       790          

schools within the district or to their parents, and to hire       791          

clerical personnel to administer the lending program.  Only        792          

computer software, prerecorded video laserdiscs, compact discs,    794          

and video cassette cartridges, equipment, and materials SUCH       796          

ITEMS that are incapable of diversion to religious use and that    798          

are susceptible of loan to individual pupils and are furnished     799          

for the use of individual pupils shall be purchased and loaned     800          

under this division.  AS USED IN THIS SECTION, "INSTRUCTIONAL                   

MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR,     801          

NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO     802          

THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL    803          

RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET             804          

COMMISSION.                                                                     

      (L)  To purchase instructional equipment, including          806          

computer hardware, for use by pupils attending nonpublic schools   808          

within the district, if such usage only occurs when these pupils   810          

are being provided the secular remedial, diagnostic, or            811          

therapeutic services pursuant to division (B), (D), (E), (F),      813          

(G), or (I) of this section.                                                    

      (M)  To purchase mobile units to be used for the provision   816          

of services pursuant to divisions (E), (F), (G), and (I) of this   819          

section and to pay for necessary repairs and operating costs       820          

associated with these units.                                       821          

      Clerical and supervisory personnel hired pursuant to         823          

division (J) of this section shall perform their services in the   824          

public schools, in nonpublic schools, public centers, or mobile    825          

units where the services are provided to the nonpublic school      827          

pupil, except that such personnel may accompany pupils to and      828          

from the service sites when necessary to ensure the safety of the  829          

children receiving the services.                                   830          

      Health services provided pursuant to divisions (B), (C),     832          

(D), and (E) of this section may be provided under contract with   833          

the department of health, city or general health districts, or     834          

                                                          19     


                                                                 
private agencies whose personnel are properly licensed by an       835          

appropriate state board or agency.                                 836          

      Transportation of pupils provided pursuant to divisions      838          

(E), (F), (G), and (I) of this section shall be provided by the    839          

school district from its general funds and not from moneys paid    840          

to it under division (L) of section 3317.024 of the Revised Code   842          

unless a special transportation request is submitted by the                     

parent of the child receiving service pursuant to such divisions.  843          

If such an application is presented to the school district, it     844          

may pay for the transportation from moneys paid to it under        845          

division (L) of section 3317.024 of the Revised Code.              846          

      No school district shall provide health or remedial          848          

services to nonpublic school pupils as authorized by this section  849          

unless such services are available to pupils attending the public  850          

schools within the district.                                       851          

      Materials, equipment, computer software, textbooks,          853          

ELECTRONIC TEXTBOOKS, and health and remedial services provided    855          

for the benefit of nonpublic school pupils pursuant to this        856          

section and the admission of pupils to such nonpublic schools      857          

shall be provided without distinction as to race, creed, color,    858          

or national origin of such pupils or of their teachers.            859          

      No school district shall provide services for use in         861          

religious courses, devotional exercises, religious training, or    862          

any other religious activity.                                      863          

      As used in this section, "parent" includes a person          865          

standing in loco parentis to a child.                              866          

      Notwithstanding section 3317.01 of the Revised Code,         868          

payments shall be made under this section to any city, local, or   869          

exempted village school district within which is located one or    870          

more nonpublic elementary or high schools.                         871          

      The allocation of payments for materials, equipment,         873          

textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial     874          

services to city, local, and exempted village school districts     876          

shall be on the basis of the state board of education's estimated  877          

                                                          20     


                                                                 
annual average daily membership in nonpublic elementary and high   878          

schools located in the district.                                   879          

      Payments made to city, local, and exempted village school    881          

districts under this section shall be equal to specific            882          

appropriations made for the purpose.  All interest earned by a     883          

school district on such payments shall be used by the district     884          

for the same purposes and in the same manner as the payments may   885          

be used.                                                           886          

      The department of education shall adopt guidelines and       888          

procedures under which such programs and services shall be         889          

provided, under which districts shall be reimbursed for            890          

administrative costs incurred in providing such programs and       891          

services, and under which any unexpended balance of the amounts    892          

appropriated by the general assembly to implement this section     893          

may be transferred to the auxiliary services personnel             894          

unemployment compensation fund established pursuant to section     895          

4141.47 of the Revised Code.  The department shall also adopt      896          

guidelines and procedures limiting the purchase and loan of        897          

computer software, equipment, and materials under THE ITEMS        898          

DESCRIBED IN division (K) of this section to items that are in     900          

general use in the public schools of the state, that are           901          

incapable of diversion to religious use, and that are susceptible  902          

to individual use rather than classroom use.  Within thirty days   903          

after the end of each biennium, each board of education shall      904          

remit to the department all moneys paid to it under division (L)   905          

of section 3317.024 of the Revised Code and any interest earned    906          

on those moneys that are not required to pay expenses incurred     907          

under this section during the biennium for which the money was     908          

appropriated and during which the interest was earned.  If a       909          

board of education subsequently determines that the remittal of    910          

moneys leaves the board with insufficient money to pay all valid   911          

expenses incurred under this section during the biennium for       912          

which the remitted money was appropriated, the board may apply to  913          

the department of education for a refund of money, not to exceed   914          

                                                          21     


                                                                 
the amount of the insufficiency.  If the department determines     915          

the expenses were lawfully incurred and would have been lawful     916          

expenditures of the refunded money, it shall certify its           917          

determination and the amount of the refund to be made to the       918          

administrator of the bureau of employment services who shall make  919          

a refund as provided in section 4141.47 of the Revised Code.       920          

      Sec. 3329.01.  Any publisher of schoolbooks TEXTBOOKS OR     929          

ELECTRONIC TEXTBOOKS in the United States desiring to offer        931          

schoolbooks SUCH TEXTBOOKS OR ELECTRONIC TEXTBOOKS  for use by     933          

pupils in the public schools of Ohio, before such books TEXTBOOKS  934          

OR ELECTRONIC TEXTBOOKS may be adopted and purchased by any                     

school board, must, on or before the first day of January of each  936          

year, file in the office of the superintendent of public           937          

instruction, a statement that the list wholesale price to school   938          

districts in Ohio will be no more than the lowest list wholesale   939          

price available to school districts in any other state.  No        940          

      NO publisher OF A TEXTBOOK shall file a statement under      942          

this section unless the publisher complies with both of the        944          

following:                                                                      

      (A)  At the same time as filing the statement, the           946          

publisher also files the wholesale price of a computer diskette    948          

that contains the text of the schoolbook TEXTBOOK in the American  950          

standard code for information interchange or in another computer   951          

language approved by the superintendent of public instruction for  952          

translating the text of the schoolbook TEXTBOOK into braille.      953          

      (B)  The list wholesale price filed for any specified        955          

number of computer diskettes for the schoolbook TEXTBOOK does not  956          

exceed the list wholesale price for the same number of the         957          

printed version of that schoolbook TEXTBOOK.                       958          

      AS USED IN THIS SECTION AND IN SECTIONS 3329.03 TO 3329.10   960          

OF THE REVISED CODE, "ELECTRONIC TEXTBOOK" MEANS COMPUTER          961          

SOFTWARE, INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER  962          

COURSEWARE, ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF  963          

CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO  964          

                                                          22     


                                                                 
THE LEARNING PROCESS THROUGH ELECTRONIC MEANS.                     965          

      Sec. 3329.03.  If a publisher who agreed in writing to       974          

furnish books as provided in FILES A STATEMENT UNDER section       975          

3329.02 3329.01 of the Revised Code, fails or refuses to furnish   977          

such books TEXTBOOKS OR ELECTRONIC TEXTBOOKS adopted as provided   978          

in sections 3329.01 to 3329.10, inclusive, of the Revised Code to  979          

any board of education upon the terms provided in such sections,   980          

such board at once must notify the state board of education of     981          

such failure or refusal, and the state board of education at once  982          

shall cause an investigation of such charge to be made.  If it is  983          

found to be true, the state board of education at once shall       984          

notify such publisher and each board in the state that such book   985          

TEXTBOOKS OR ELECTRONIC TEXTBOOKS shall not thereafter be adopted  987          

and purchased by boards of education.  Such publisher shall pay    988          

to the state five hundred dollars for each failure, to be          989          

recovered in the name of the state, in an action to be brought by  990          

the attorney general, in the court of common pleas of Franklin     991          

county, or in any other proper court or in any other place where   992          

service can be made.  The amount, when collected, must be paid     993          

into the state treasury to the credit of the state general         994          

revenue fund.                                                                   

      Sec. 3329.04.  A board of education shall not adopt or       1,003        

cause to be used in the public schools any book TEXTBOOK OR        1,004        

ELECTRONIC TEXTBOOK whose publisher has not complied with          1,007        

sections 3329.01 to 3329.10, inclusive, of the Revised Code as to  1,008        

such book TEXTBOOK OR ELECTRONIC TEXTBOOK.                         1,010        

      Sec. 3329.05.  Sections 3329.01 to 3329.04, inclusive, and   1,019        

section 3329.08 of the Revised Code do not apply to the purchase   1,021        

of supplementary reading books, library books, reference books,    1,022        

or any other books except textbooks AND ELECTRONIC TEXTBOOKS USED  1,023        

IN LIEU OF TEXTBOOKS, required by the board of education.  All of  1,024        

such books, except textbooks AND ELECTRONIC TEXTBOOKS required by  1,025        

the board, shall be ordered, received, examined, and paid for in   1,026        

the same manner and by the same persons as other supplies and      1,027        

                                                          23     


                                                                 
equipment.                                                                      

      Sec. 3329.06.  The board of education of each city,          1,036        

exempted village, and local school district shall furnish, free    1,037        

of charge, the necessary textbooks to the pupils attending the     1,038        

public schools.  IN LIEU OF TEXTBOOKS, DISTRICT BOARDS MAY         1,039        

FURNISH ELECTRONIC TEXTBOOKS TO PUPILS ATTENDING THE PUBLIC                     

SCHOOLS, PROVIDED THE ELECTRONIC TEXTBOOKS ARE FURNISHED FREE OF   1,040        

CHARGE.  A DISTRICT BOARD THAT CHOOSES TO FURNISH ELECTRONIC       1,041        

TEXTBOOKS TO PUPILS ATTENDING SCHOOL IN THE DISTRICT SHALL         1,042        

PROVIDE REASONABLE ACCESS TO THE ELECTRONIC TEXTBOOKS AND OTHER    1,043        

NECESSARY COMPUTER EQUIPMENT TO PUPILS IN THE DISTRICT WHO ARE     1,044        

REQUIRED TO COMPLETE HOMEWORK ASSIGNMENTS, AND TEACHERS PROVIDING  1,045        

HOMEWORK ASSIGNMENTS, UTILIZING ELECTRONIC TEXTBOOKS FURNISHED BY  1,046        

THE DISTRICT BOARD.  Pupils wholly or in part supplied with        1,048        

necessary textbooks OR ELECTRONIC TEXTBOOKS shall be supplied      1,049        

only as other or new books TEXTBOOKS OR ELECTRONIC TEXTBOOKS are   1,050        

needed.  A board may limit its purchase and ownership of books     1,051        

TEXTBOOKS OR ELECTRONIC TEXTBOOKS needed for its schools to six    1,052        

subjects per year, the cost of which shall not exceed twenty-five  1,053        

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

ELECTRONIC TEXTBOOKS furnished as provided in this section shall   1,055        

be the property of the district, and loaned to the pupils on such  1,056        

terms as each such board prescribes.  In order to carry out        1,057        

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

board, in the preparation of its annual budget, shall include as   1,059        

a separate item the amount which the board finds necessary to      1,060        

administer such sections and such amount shall not be subject to   1,061        

transfer to any other fund.                                                     

      Sec. 3329.07.  The board of education of each city,          1,070        

exempted village, and local school district shall cause it to be   1,071        

ascertained and at a regular meeting determine which, and the      1,072        

number of each of the textbooks OR ELECTRONIC TEXTBOOKS the        1,073        

schools under its charge require.  The treasurer at once shall     1,075        

order the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS agreed upon      1,076        

                                                          24     


                                                                 
from the publisher, who on the receipt of such order must ship     1,077        

them THE TEXTBOOKS OR ELECTRONIC TEXTBOOKS to the treasurer        1,078        

without delay.  He THE TREASURER forthwith shall examine the       1,080        

books TEXTBOOKS OR ELECTRONIC TEXTBOOKS, and, if found right and   1,081        

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

The board must pay for the books TEXTBOOKS OR ELECTRONIC           1,082        

TEXTBOOKS so purchased and in addition all charges for the         1,084        

transportation of the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS out  1,085        

of the general fund of said district or out of such other funds    1,086        

as it may have available for such purchase of textbooks OR         1,087        

ELECTRONIC TEXTBOOKS.  If such board at any time can secure from   1,089        

the publishers books TEXTBOOKS OR ELECTRONIC TEXTBOOKS at less     1,090        

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

unnecessary delay may make effort to secure such lower price       1,091        

before adopting any particular textbooks OR ELECTRONIC TEXTBOOKS.  1,092        

      Sec. 3329.08.  At any regular meeting, the board of          1,101        

education of each local school district, from lists adopted by     1,102        

the educational service center governing board, and the board of   1,103        

education of each city and exempted village school district shall  1,104        

determine by a majority vote of all members elected or appointed   1,105        

under division (B) or (F) of section 3311.71 of the Revised Code   1,106        

which of such textbooks OR ELECTRONIC TEXTBOOKS so filed shall be  1,108        

used in the schools under its control.  No EXCEPT FOR PERIODIC     1,109        

AND NORMAL UPDATING OF ELECTRONIC TEXTBOOKS, NO textbooks OR                    

ELECTRONIC TEXTBOOKS shall be changed, nor any part thereof        1,111        

altered or revised, nor any other textbook OR ELECTRONIC TEXTBOOK  1,112        

substituted therefor, within four years after the date of          1,113        

selection and adoption thereof, as shown by the official records   1,114        

of such boards, except by the consent, at a regular meeting, of    1,115        

four-fifths of all members elected thereto.  Books TEXTBOOKS OR    1,116        

ELECTRONIC TEXTBOOKS so substituted shall be adopted for the full  1,117        

term of four years.                                                1,118        

      Sec. 3329.09.  Each city, exempted village, and local board  1,127        

of education shall make all necessary provisions and arrangements  1,128        

                                                          25     


                                                                 
to place the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased     1,129        

within easy reach of and accessible to all the pupils in their     1,132        

district.  In city and exempted village school districts the       1,133        

superintendent of schools and in local school districts the        1,134        

treasurer of the board of education shall be the custodian of all  1,135        

schoolbooks TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased for the    1,136        

use of and furnished free to all the pupils attending public       1,137        

schools of such district.  They shall distribute such books        1,138        

TEXTBOOKS OR ELECTRONIC TEXTBOOKS, keep such records, maintain     1,141        

such accounts, and make such reports as the board requires.  The   1,142        

board may employ such additional help as is necessary to properly  1,143        

administer this section.                                                        

      This section does not prohibit any pupil, or the parent of   1,145        

any pupil, from purchasing textbooks OR ELECTRONIC TEXTBOOKS for   1,147        

their own use, or the use of their children or wards in the        1,149        

schools of the district in which such purchaser resides.  The      1,150        

board in each school district upon the request of a pupil, or the  1,151        

parent of any pupil, shall sell to such individual making the      1,152        

request textbooks OR ELECTRONIC TEXTBOOKS of the kind requested    1,155        

at a price not to exceed the cost paid therefor plus ten per       1,156        

cent.  The proceeds of such sales shall be credited to the fund    1,157        

from which payments are made by the board for the purchase of      1,158        

textbooks OR ELECTRONIC TEXTBOOKS.  AS USED IN THIS PARAGRAPH,                  

THE WORD "PUPIL" INCLUDES ANY SCHOOL-AGED CHILD WHO RESIDES IN     1,159        

THE DISTRICT.                                                                   

      Sec. 3329.10.  A superintendent, supervisor, principal, or   1,168        

teacher employed by any board of education shall not act as sales  1,169        

agent, either directly or indirectly, for any person, firm, or     1,170        

corporation whose THAT FILES school textbooks are filed OR         1,172        

ELECTRONIC TEXTBOOKS with the superintendent of public                          

instruction, or for THAT SELLS school apparatus or equipment of    1,174        

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

section shall work a forfeiture of their licenses to teach in the  1,175        

public schools.                                                    1,176        

                                                          26     


                                                                 
      Section 2.  That existing sections 3313.484, 3313.642,       1,178        

3317.021, 3317.029, 3317.0216, 3317.06, 3329.01, 3329.03,          1,180        

3329.04, 3329.05, 3329.06, 3329.07, 3329.08, 3329.09, and 3329.10  1,181        

of the Revised Code are hereby repealed.                           1,182        

      Section 3.  Notwithstanding section 3313.484 of the Revised  1,184        

Code as it existed prior to the effective date of this act,        1,185        

subsidies specified in section 3313.484 of the Revised Code shall  1,186        

first be paid in June 1999 for the fiscal year that ends in that   1,187        

month.                                                                          

      Section 4.  This act is hereby declared to be an emergency   1,189        

measure necessary for the immediate preservation of the public     1,190        

peace, health, and safety.  The reason for this necessity is that  1,191        

its immediate enactment will correct a deficiency in the school    1,192        

appropriations act of last year to enable a proper calculation of  1,193        

funds to be made and paid to school districts before the end of                 

the fiscal year.  Therefore, this act shall go into immediate      1,194        

effect.