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
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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
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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
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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
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(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.
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(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
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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
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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
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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
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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
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(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
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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.