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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
      (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.                                                                

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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.