As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 768 5
1999-2000 6
REPRESENTATIVES GARDNER-TIBERI-BUCHY-PETERSON-GOODMAN- 7
WILLAMOWSKI-CORBIN-JORDAN-NETZLEY-VAN VYVEN-YOUNG-DePIERO- 8
CALVERT-ROBINSON-JERSE-HARNETT-EVANS-CAREY-SCHULER-KRUPINSKI- 9
OLMAN-JACOBSON-LUEBBERS-MEAD-JOLIVETTE-D. MILLER-BUEHRER- 10
LOGAN-SCHUCK-WILLIAMS-KILBANE-COUGHLIN-TRAKAS-PERRY-METTLER- 11
ALLEN-TAYLOR-TERWILLEGER-SALERNO-BENDER-CLANCY-BARRETT-CATES- 12
O'BRIEN-VESPER-SULLIVAN-ROBERTS-CALLENDER 13
_________________________________________________________________ 15
A B I L L
To amend section 3317.06 of the Revised Code to 17
expand the use of computer hardware and 18
instructional materials purchased by school
districts for use by students enrolled in 19
nonpublic schools within the districts, to permit
all nonpublic auxiliary services to be delivered 20
through contracts with educational service 21
centers, and to declare an emergency. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 3317.06 of the Revised Code be 25
amended to read as follows: 26
Sec. 3317.06. Moneys paid to school districts under 36
division (L) of section 3317.024 of the Revised Code shall be 38
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 40
textbooks as have been approved by the superintendent of public 42
instruction for use in public schools in the state and to loan 43
such textbooks or electronic textbooks to pupils attending 45
nonpublic schools within the district or to their parents and to 46
hire clerical personnel to administer such lending program. Such 47
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loans shall be based upon individual requests submitted by such 48
nonpublic school pupils or parents. Such requests shall be 49
submitted to the school district in which the nonpublic school is 50
located. Such individual requests for the loan of textbooks or 51
electronic textbooks shall, for administrative convenience, be 52
submitted by the nonpublic school pupil or the pupil's parent to 54
the nonpublic school, which shall prepare and submit collective 55
summaries of the individual requests to the school district. As 56
used in this section: 57
(1) "Textbook" means any book or book substitute that a 60
pupil uses as a consumable or nonconsumable text, text 61
substitute, or text supplement in a particular class or program 63
in the school the pupil regularly attends. 64
(2) "Electronic textbook" means computer software, 66
interactive videodisc, magnetic media, CD-ROM, computer 67
courseware, local and remote computer assisted instruction, 68
on-line service, electronic medium, or other means of conveying 69
information to the student or otherwise contributing to the 70
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 72
pupils attending nonpublic schools within the district. Such 73
service shall be provided in the nonpublic school attended by the 74
pupil receiving the service. 75
(C) To provide physician, nursing, dental, and optometric 77
services to pupils attending nonpublic schools within the 78
district. Such services shall be provided in the school attended 79
by the nonpublic school pupil receiving the service. 80
(D) To provide diagnostic psychological services to pupils 82
attending nonpublic schools within the district. Such services 83
shall be provided in the school attended by the pupil receiving 84
the service. 85
(E) To provide therapeutic psychological and speech and 87
hearing services to pupils attending nonpublic schools within the 88
district. Such services shall be provided in the public school, 89
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in nonpublic schools, in public centers, or in mobile units 90
located on or off of the nonpublic premises. If such services 91
are provided in the public school or in public centers, 92
transportation to and from such facilities shall be provided by 93
the school district in which the nonpublic school is located. 94
(F) To provide guidance and counseling services to pupils 96
attending nonpublic schools within the district. Such services 97
shall be provided in the public school, in nonpublic schools, in 98
public centers, or in mobile units located on or off of the 100
nonpublic premises. If such services are provided in the public 101
school or in public centers, transportation to and from such 102
facilities shall be provided by the school district in which the 103
nonpublic school is located.
(G) To provide remedial services to pupils attending 105
nonpublic schools within the district. Such services shall be 106
provided in the public school, in nonpublic schools, in public 107
centers, or in mobile units located on or off of the nonpublic 108
premises. If such services are provided in the public school or 110
in public centers, transportation to and from such facilities 111
shall be provided by the school district in which the nonpublic 112
school is located.
(H) To supply for use by pupils attending nonpublic 114
schools within the district such standardized tests and scoring 115
services as are in use in the public schools of the state; 116
(I) To provide programs for children who attend nonpublic 118
schools within the district and are handicapped children as 119
defined in division (A) of section 3323.01 of the Revised Code or 120
gifted children. Such programs shall be provided in the public 121
school, in nonpublic schools, in public centers, or in mobile 122
units located on or off of the nonpublic premises. If such 125
programs are provided in the public school or in public centers, 126
transportation to and from such facilities shall be provided by 127
the school district in which the nonpublic school is located. 128
(J) To hire clerical personnel to assist in the 130
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administration of programs pursuant to divisions (B), (C), (D), 131
(E), (F), (G), and (I) of this section and to hire supervisory 132
personnel to supervise the providing of services and textbooks 133
pursuant to this section. 134
(K) To purchase any secular, neutral, and nonideological 136
computer software (including site-licensing), prerecorded video 138
laserdiscs, digital video on demand (DVD), compact discs, and 139
video cassette cartridges, wide area connectivity and related 141
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 144
school library materials that are in general use in the public 145
schools of the state and loan such items to pupils attending 147
nonpublic schools within the district or to their parents, and to 148
hire clerical personnel to administer the lending program. Only 149
such items that are incapable of diversion to religious use and 151
that are susceptible of loan to individual pupils and are 152
furnished for the use of individual pupils shall be purchased and 153
loaned under this division. As used in this section, 154
"instructional materials" means prepared learning materials that 155
are secular, neutral, and nonideological in character and are of 156
benefit to the instruction of school children, and may include 157
educational resources and services developed by the Ohio 158
schoolnet commission.
(L) To purchase instructional equipment, including 160
computer hardware AND RELATED EQUIPMENT IN GENERAL USE IN THE 161
PUBLIC SCHOOLS OF THE STATE, for use by pupils attending 163
nonpublic schools within the district, if such usage only occurs 165
when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B), 166
(D), (E), (F), (G), or (I) of this section AND TO LOAN SUCH ITEMS 168
TO PUPILS ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO 169
THEIR PARENTS, AND TO HIRE CLERICAL PERSONNEL TO ADMINISTER THE 170
LENDING PROGRAM.
(M) To purchase mobile units to be used for the provision 173
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of services pursuant to divisions (E), (F), (G), and (I) of this 176
section and to pay for necessary repairs and operating costs 177
associated with these units. 178
Clerical and supervisory personnel hired pursuant to 180
division (J) of this section shall perform their services in the 181
public schools, in nonpublic schools, public centers, or mobile 182
units where the services are provided to the nonpublic school 184
pupil, except that such personnel may accompany pupils to and 185
from the service sites when necessary to ensure the safety of the 186
children receiving the services. 187
Health ALL services provided pursuant to divisions (B), 189
(C), (D), and (E) of this section may be provided under contract 190
with EDUCATIONAL SERVICE CENTERS, the department of health, city 192
or general health districts, or private agencies whose personnel 193
are properly licensed by an appropriate state board or agency. 194
Transportation of pupils provided pursuant to divisions 196
(E), (F), (G), and (I) of this section shall be provided by the 197
school district from its general funds and not from moneys paid 198
to it under division (L) of section 3317.024 of the Revised Code 200
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 201
If such an application is presented to the school district, it 202
may pay for the transportation from moneys paid to it under 203
division (L) of section 3317.024 of the Revised Code. 204
No school district shall provide health or remedial 206
services to nonpublic school pupils as authorized by this section 207
unless such services are available to pupils attending the public 208
schools within the district. 209
Materials, equipment, computer HARDWARE OR software, 211
textbooks, electronic textbooks, and health and remedial services 213
provided for the benefit of nonpublic school pupils pursuant to 214
this section and the admission of pupils to such nonpublic 215
schools shall be provided without distinction as to race, creed, 216
color, or national origin of such pupils or of their teachers. 217
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No school district shall provide services, MATERIALS, OR 219
EQUIPMENT THAT CONTAIN RELIGIOUS CONTENT for use in religious 221
courses, devotional exercises, religious training, or any other 222
religious activity.
As used in this section, "parent" includes a person 224
standing in loco parentis to a child. 225
Notwithstanding section 3317.01 of the Revised Code, 227
payments shall be made under this section to any city, local, or 228
exempted village school district within which is located one or 229
more nonpublic elementary or high schools. 230
The allocation of payments for materials, equipment, 232
textbooks, electronic textbooks, health services, and remedial 233
services to city, local, and exempted village school districts 235
shall be on the basis of the state board of education's estimated 236
annual average daily membership in nonpublic elementary and high 237
schools located in the district. 238
Payments made to city, local, and exempted village school 240
districts under this section shall be equal to specific 241
appropriations made for the purpose. All interest earned by a 242
school district on such payments shall be used by the district 243
for the same purposes and in the same manner as the payments may 244
be used. 245
The department of education shall adopt guidelines and 247
procedures under which such programs and services shall be 248
provided, under which districts shall be reimbursed for 249
administrative costs incurred in providing such programs and 250
services, and under which any unexpended balance of the amounts 251
appropriated by the general assembly to implement this section 252
may be transferred to the auxiliary services personnel 253
unemployment compensation fund established pursuant to section 254
4141.47 of the Revised Code. The department shall also adopt 255
guidelines and procedures limiting the purchase and loan of the 257
items described in division (K) of this section to items that are 259
in general use in the public schools of the state, that are 260
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incapable of diversion to religious use, and that are susceptible 261
to individual use rather than classroom use. Within thirty days 262
after the end of each biennium, each board of education shall 263
remit to the department all moneys paid to it under division (L) 264
of section 3317.024 of the Revised Code and any interest earned 265
on those moneys that are not required to pay expenses incurred 266
under this section during the biennium for which the money was 267
appropriated and during which the interest was earned. If a 268
board of education subsequently determines that the remittal of 269
moneys leaves the board with insufficient money to pay all valid 270
expenses incurred under this section during the biennium for 271
which the remitted money was appropriated, the board may apply to 272
the department of education for a refund of money, not to exceed 273
the amount of the insufficiency. If the department determines 274
the expenses were lawfully incurred and would have been lawful 275
expenditures of the refunded money, it shall certify its 276
determination and the amount of the refund to be made to the 277
director of jobs JOB and family services who shall make a refund 278
as provided in section 4141.47 of the Revised Code. 279
Section 2. That existing section 3317.06 of the Revised 281
Code is hereby repealed. 282
Section 3. This act is hereby declared to be an emergency 284
measure necessary for the immediate preservation of the public 285
peace, health, and safety. The reason for such necessity lies in 286
the obligation to ensure a high quality education for all 287
children by providing nonpublic school students with increased 288
access to the technological and educational resources essential
to enhanced learning. Therefore, this act shall go into 289
immediate effect.