As Reported by House Education Committee 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-SCHURING-BRADING- 13
ROMAN-WINKLER-WIDENER-GERBERRY-FLANNERY-HUGHES 14
_________________________________________________________________ 16
A B I L L
To amend section 3317.06 of the Revised Code to 18
expand the use of computer hardware and 19
instructional materials purchased by school
districts for use by students enrolled in 20
nonpublic schools within the districts, to permit
all nonpublic auxiliary services to be delivered 21
through contracts with educational service 22
centers, and to declare an emergency. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 3317.06 of the Revised Code be 26
amended to read as follows: 27
Sec. 3317.06. Moneys paid to school districts under 37
division (L) of section 3317.024 of the Revised Code shall be 39
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 41
textbooks as have been approved by the superintendent of public 43
instruction for use in public schools in the state and to loan 44
such textbooks or electronic textbooks to pupils attending 46
nonpublic schools within the district or to their parents and to 47
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hire clerical personnel to administer such lending program. Such 48
loans shall be based upon individual requests submitted by such 49
nonpublic school pupils or parents. Such requests shall be 50
submitted to the school district in which the nonpublic school is 51
located. Such individual requests for the loan of textbooks or 52
electronic textbooks shall, for administrative convenience, be 53
submitted by the nonpublic school pupil or the pupil's parent to 55
the nonpublic school, which shall prepare and submit collective 56
summaries of the individual requests to the school district. As 57
used in this section: 58
(1) "Textbook" means any book or book substitute that a 61
pupil uses as a consumable or nonconsumable text, text 62
substitute, or text supplement in a particular class or program 64
in the school the pupil regularly attends. 65
(2) "Electronic textbook" means computer software, 67
interactive videodisc, magnetic media, CD-ROM, computer 68
courseware, local and remote computer assisted instruction, 69
on-line service, electronic medium, or other means of conveying 70
information to the student or otherwise contributing to the 71
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 73
pupils attending nonpublic schools within the district. Such 74
service shall be provided in the nonpublic school attended by the 75
pupil receiving the service. 76
(C) To provide physician, nursing, dental, and optometric 78
services to pupils attending nonpublic schools within the 79
district. Such services shall be provided in the school attended 80
by the nonpublic school pupil receiving the service. 81
(D) To provide diagnostic psychological services to pupils 83
attending nonpublic schools within the district. Such services 84
shall be provided in the school attended by the pupil receiving 85
the service. 86
(E) To provide therapeutic psychological and speech and 88
hearing services to pupils attending nonpublic schools within the 89
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district. Such services shall be provided in the public school, 90
in nonpublic schools, in public centers, or in mobile units 91
located on or off of the nonpublic premises. If such services 92
are provided in the public school or in public centers, 93
transportation to and from such facilities shall be provided by 94
the school district in which the nonpublic school is located. 95
(F) To provide guidance and counseling services to pupils 97
attending nonpublic schools within the district. Such services 98
shall be provided in the public school, in nonpublic schools, in 99
public centers, or in mobile units located on or off of the 101
nonpublic premises. If such services are provided in the public 102
school or in public centers, transportation to and from such 103
facilities shall be provided by the school district in which the 104
nonpublic school is located.
(G) To provide remedial services to pupils attending 106
nonpublic schools within the district. Such services shall be 107
provided in the public school, in nonpublic schools, in public 108
centers, or in mobile units located on or off of the nonpublic 109
premises. If such services are provided in the public school or 111
in public centers, transportation to and from such facilities 112
shall be provided by the school district in which the nonpublic 113
school is located.
(H) To supply for use by pupils attending nonpublic 115
schools within the district such standardized tests and scoring 116
services as are in use in the public schools of the state; 117
(I) To provide programs for children who attend nonpublic 119
schools within the district and are handicapped children as 120
defined in division (A) of section 3323.01 of the Revised Code or 121
gifted children. Such programs shall be provided in the public 122
school, in nonpublic schools, in public centers, or in mobile 123
units located on or off of the nonpublic premises. If such 126
programs are provided in the public school or in public centers, 127
transportation to and from such facilities shall be provided by 128
the school district in which the nonpublic school is located. 129
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(J) To hire clerical personnel to assist in the 131
administration of programs pursuant to divisions (B), (C), (D), 132
(E), (F), (G), and (I) of this section and to hire supervisory 133
personnel to supervise the providing of services and textbooks 134
pursuant to this section. 135
(K) To purchase any secular, neutral, and nonideological 137
computer software (including site-licensing), prerecorded video 139
laserdiscs, digital video on demand (DVD), compact discs, and 140
video cassette cartridges, wide area connectivity and related 142
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 145
school library materials that are in general use in the public 146
schools of the state and loan such items to pupils attending 148
nonpublic schools within the district or to their parents, and to 149
hire clerical personnel to administer the lending program. Only 150
such items that are incapable of diversion to religious use and 152
that are susceptible of loan to individual pupils and are 153
furnished for the use of individual pupils shall be purchased and 154
loaned under this division. As used in this section, 155
"instructional materials" means prepared learning materials that 156
are secular, neutral, and nonideological in character and are of 157
benefit to the instruction of school children, and may include 158
educational resources and services developed by the Ohio 159
schoolnet commission.
(L) To purchase instructional equipment, including 161
computer hardware AND RELATED EQUIPMENT IN GENERAL USE IN THE 162
PUBLIC SCHOOLS OF THE STATE, for use by pupils attending 164
nonpublic schools within the district, if such usage only occurs 166
when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B), 167
(D), (E), (F), (G), or (I) of this section AND TO LOAN SUCH ITEMS 169
TO PUPILS ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO 170
THEIR PARENTS, AND TO HIRE CLERICAL PERSONNEL TO ADMINISTER THE 171
LENDING PROGRAM.
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(M) To purchase mobile units to be used for the provision 174
of services pursuant to divisions (E), (F), (G), and (I) of this 177
section and to pay for necessary repairs and operating costs 178
associated with these units. 179
Clerical and supervisory personnel hired pursuant to 181
division (J) of this section shall perform their services in the 182
public schools, in nonpublic schools, public centers, or mobile 183
units where the services are provided to the nonpublic school 185
pupil, except that such personnel may accompany pupils to and 186
from the service sites when necessary to ensure the safety of the 187
children receiving the services. 188
Health ALL services provided pursuant to divisions (B), 190
(C), (D), and (E) of this section may be provided under contract 191
with EDUCATIONAL SERVICE CENTERS, the department of health, city 193
or general health districts, or private agencies whose personnel 194
are properly licensed by an appropriate state board or agency. 195
Transportation of pupils provided pursuant to divisions 197
(E), (F), (G), and (I) of this section shall be provided by the 198
school district from its general funds and not from moneys paid 199
to it under division (L) of section 3317.024 of the Revised Code 201
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 202
If such an application is presented to the school district, it 203
may pay for the transportation from moneys paid to it under 204
division (L) of section 3317.024 of the Revised Code. 205
No school district shall provide health or remedial 207
services to nonpublic school pupils as authorized by this section 208
unless such services are available to pupils attending the public 209
schools within the district. 210
Materials, equipment, computer HARDWARE OR software, 212
textbooks, electronic textbooks, and health and remedial services 214
provided for the benefit of nonpublic school pupils pursuant to 215
this section and the admission of pupils to such nonpublic 216
schools shall be provided without distinction as to race, creed, 217
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color, or national origin of such pupils or of their teachers. 218
No school district shall provide services, MATERIALS, OR 220
EQUIPMENT THAT CONTAIN RELIGIOUS CONTENT for use in religious 222
courses, devotional exercises, religious training, or any other 223
religious activity.
As used in this section, "parent" includes a person 225
standing in loco parentis to a child. 226
Notwithstanding section 3317.01 of the Revised Code, 228
payments shall be made under this section to any city, local, or 229
exempted village school district within which is located one or 230
more nonpublic elementary or high schools. 231
The allocation of payments for materials, equipment, 233
textbooks, electronic textbooks, health services, and remedial 234
services to city, local, and exempted village school districts 236
shall be on the basis of the state board of education's estimated 237
annual average daily membership in nonpublic elementary and high 238
schools located in the district. 239
Payments made to city, local, and exempted village school 241
districts under this section shall be equal to specific 242
appropriations made for the purpose. All interest earned by a 243
school district on such payments shall be used by the district 244
for the same purposes and in the same manner as the payments may 245
be used. 246
The department of education shall adopt guidelines and 248
procedures under which such programs and services shall be 249
provided, under which districts shall be reimbursed for 250
administrative costs incurred in providing such programs and 251
services, and under which any unexpended balance of the amounts 252
appropriated by the general assembly to implement this section 253
may be transferred to the auxiliary services personnel 254
unemployment compensation fund established pursuant to section 255
4141.47 of the Revised Code. The department shall also adopt 256
guidelines and procedures limiting the purchase and loan of the 258
items described in division (K) of this section to items that are 260
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in general use in the public schools of the state, that are 261
incapable of diversion to religious use, and that are susceptible 262
to individual use rather than classroom use. Within thirty days 263
after the end of each biennium, each board of education shall 264
remit to the department all moneys paid to it under division (L) 265
of section 3317.024 of the Revised Code and any interest earned 266
on those moneys that are not required to pay expenses incurred 267
under this section during the biennium for which the money was 268
appropriated and during which the interest was earned. If a 269
board of education subsequently determines that the remittal of 270
moneys leaves the board with insufficient money to pay all valid 271
expenses incurred under this section during the biennium for 272
which the remitted money was appropriated, the board may apply to 273
the department of education for a refund of money, not to exceed 274
the amount of the insufficiency. If the department determines 275
the expenses were lawfully incurred and would have been lawful 276
expenditures of the refunded money, it shall certify its 277
determination and the amount of the refund to be made to the 278
director of jobs JOB and family services who shall make a refund 279
as provided in section 4141.47 of the Revised Code. 280
Section 2. That existing section 3317.06 of the Revised 282
Code is hereby repealed. 283
Section 3. This act is hereby declared to be an emergency 285
measure necessary for the immediate preservation of the public 286
peace, health, and safety. The reason for such necessity lies in 287
the obligation to ensure a high quality education for all 288
children by providing nonpublic school students with increased 289
access to the technological and educational resources essential
to enhanced learning. Therefore, this act shall go into 290
immediate effect.