As Passed by the House                        1            

                        CORRECTED VERSION                          2            

123rd General Assembly                                             5            

   Regular Session                              H. B. No. 768      6            

      1999-2000                                                    7            


     REPRESENTATIVES GARDNER-TIBERI-BUCHY-PETERSON-GOODMAN-        8            

   WILLAMOWSKI-CORBIN-JORDAN-NETZLEY-VAN VYVEN-YOUNG-DePIERO-      9            

 CALVERT-ROBINSON-JERSE-HARTNETT-EVANS-CAREY-SCHULER-KRUPINSKI-    10           

    OLMAN-JACOBSON-LUEBBERS-MEAD-JOLIVETTE-D. MILLER-BUEHRER-      11           

  LOGAN-SCHUCK-WILLIAMS-KILBANE-COUGHLIN-TRAKAS-PERRY-METTLER-     12           

  ALLEN-TAYLOR-TERWILLEGER-SALERNO-BENDER-CLANCY-BARRETT-CATES-    13           

   O'BRIEN-VESPER-SULLIVAN-ROBERTS-CALLENDER-SCHURING-BRADING-     14           

     ROMAN-WINKLER-WIDENER-GERBERRY-FLANNERY-HUGHES-SULZER-        16           

     A. CORE-REDFERN-AUSTRIA-WOMER BENJAMIN-HOOPS-ASLANIDES-                    

      DAMSCHRODER-BOYD-HOUSEHOLDER-COLLIER-AMSTUTZ-MOTTLEY         17           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend section 3317.06 of the Revised Code to       21           

                expand the use of computer hardware and            22           

                instructional materials purchased by school                     

                districts for use by students enrolled in          23           

                nonpublic schools within the districts, to permit               

                all nonpublic auxiliary services to be delivered   24           

                through contracts with educational service         25           

                centers, and to declare an emergency.              26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That section 3317.06 of the Revised Code be      29           

amended to read as follows:                                        30           

      Sec. 3317.06.  Moneys paid to school districts under         40           

division (L) of section 3317.024 of the Revised Code shall be      42           

used for the following independent and fully severable purposes:                

      (A)  To purchase such secular textbooks or electronic        44           

textbooks as have been approved by the superintendent of public    46           

                                                          2      


                                                                 
instruction for use in public schools in the state and to loan     47           

such textbooks or electronic textbooks to pupils attending         49           

nonpublic schools within the district or to their parents and to   50           

hire clerical personnel to administer such lending program.  Such  51           

loans shall be based upon individual requests submitted by such    52           

nonpublic school pupils or parents.  Such requests shall be        53           

submitted to the school district in which the nonpublic school is  54           

located.  Such individual requests for the loan of textbooks or    55           

electronic textbooks shall, for administrative convenience, be     56           

submitted by the nonpublic school pupil or the pupil's parent to   58           

the nonpublic school, which shall prepare and submit collective    59           

summaries of the individual requests to the school district.  As   60           

used in this section:                                              61           

      (1)  "Textbook" means any book or book substitute that a     64           

pupil uses as a consumable or nonconsumable text, text             65           

substitute, or text supplement in a particular class or program    67           

in the school the pupil regularly attends.                         68           

      (2)  "Electronic textbook" means computer software,          70           

interactive videodisc, magnetic media, CD-ROM, computer            71           

courseware, local and remote computer assisted instruction,        72           

on-line service, electronic medium, or other means of conveying    73           

information to the student or otherwise contributing to the        74           

learning process through electronic means.                                      

      (B)  To provide speech and hearing diagnostic services to    76           

pupils attending nonpublic schools within the district.  Such      77           

service shall be provided in the nonpublic school attended by the  78           

pupil receiving the service.                                       79           

      (C)  To provide physician, nursing, dental, and optometric   81           

services to pupils attending nonpublic schools within the          82           

district.  Such services shall be provided in the school attended  83           

by the nonpublic school pupil receiving the service.               84           

      (D)  To provide diagnostic psychological services to pupils  86           

attending nonpublic schools within the district.  Such services    87           

shall be provided in the school attended by the pupil receiving    88           

                                                          3      


                                                                 
the service.                                                       89           

      (E)  To provide therapeutic psychological and speech and     91           

hearing services to pupils attending nonpublic schools within the  92           

district.  Such services shall be provided in the public school,   93           

in nonpublic schools, in public centers, or in mobile units        94           

located on or off of the nonpublic premises.  If such services     95           

are provided in the public school or in public centers,            96           

transportation to and from such facilities shall be provided by    97           

the school district in which the nonpublic school is located.      98           

      (F)  To provide guidance and counseling services to pupils   100          

attending nonpublic schools within the district.  Such services    101          

shall be provided in the public school, in nonpublic schools, in   102          

public centers, or in mobile units located on or off of the        104          

nonpublic premises.  If such services are provided in the public   105          

school or in public centers, transportation to and from such       106          

facilities shall be provided by the school district in which the   107          

nonpublic school is located.                                                    

      (G)  To provide remedial services to pupils attending        109          

nonpublic schools within the district.  Such services shall be     110          

provided in the public school, in nonpublic schools, in public     111          

centers, or in mobile units located on or off of the nonpublic     112          

premises.  If such services are provided in the public school or   114          

in public centers, transportation to and from such facilities      115          

shall be provided by the school district in which the nonpublic    116          

school is located.                                                              

      (H)  To supply for use by pupils attending nonpublic         118          

schools within the district such standardized tests and scoring    119          

services as are in use in the public schools of the state;         120          

      (I)  To provide programs for children who attend nonpublic   122          

schools within the district and are handicapped children as        123          

defined in division (A) of section 3323.01 of the Revised Code or  124          

gifted children.  Such programs shall be provided in the public    125          

school, in nonpublic schools, in public centers, or in mobile      126          

units located on or off of the nonpublic premises.  If such        129          

                                                          4      


                                                                 
programs are provided in the public school or in public centers,   130          

transportation to and from such facilities shall be provided by    131          

the school district in which the nonpublic school is located.      132          

      (J)  To hire clerical personnel to assist in the             134          

administration of programs pursuant to divisions (B), (C), (D),    135          

(E), (F), (G), and (I) of this section and to hire supervisory     136          

personnel to supervise the providing of services and textbooks     137          

pursuant to this section.                                          138          

      (K)  To purchase any secular, neutral, and nonideological    140          

computer software (including site-licensing), prerecorded video    142          

laserdiscs, digital video on demand (DVD), compact discs, and      143          

video cassette cartridges, wide area connectivity and related      145          

technology as it relates to internet access, mathematics or                     

science equipment and materials, instructional materials, and      148          

school library materials that are in general use in the public     149          

schools of the state and loan such items to pupils attending       151          

nonpublic schools within the district or to their parents, and to  152          

hire clerical personnel to administer the lending program.  Only   153          

such items that are incapable of diversion to religious use and    155          

that are susceptible of loan to individual pupils and are          156          

furnished for the use of individual pupils shall be purchased and  157          

loaned under this division.  As used in this section,              158          

"instructional materials" means prepared learning materials that   159          

are secular, neutral, and nonideological in character and are of   160          

benefit to the instruction of school children, and may include     161          

educational resources and services developed by the Ohio           162          

schoolnet commission.                                                           

      (L)  To purchase instructional equipment, including          164          

computer hardware AND RELATED EQUIPMENT IN GENERAL USE IN THE      165          

PUBLIC SCHOOLS OF THE STATE, for use by pupils attending           167          

nonpublic schools within the district, if such usage only occurs   169          

when these pupils are being provided the secular remedial,                      

diagnostic, or therapeutic services pursuant to division (B),      170          

(D), (E), (F), (G), or (I) of this section AND TO LOAN SUCH ITEMS  172          

                                                          5      


                                                                 
TO PUPILS ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO    173          

THEIR PARENTS, AND TO HIRE CLERICAL PERSONNEL TO ADMINISTER THE    174          

LENDING PROGRAM.                                                                

      (M)  To purchase mobile units to be used for the provision   177          

of services pursuant to divisions (E), (F), (G), and (I) of this   180          

section and to pay for necessary repairs and operating costs       181          

associated with these units.                                       182          

      Clerical and supervisory personnel hired pursuant to         184          

division (J) of this section shall perform their services in the   185          

public schools, in nonpublic schools, public centers, or mobile    186          

units where the services are provided to the nonpublic school      188          

pupil, except that such personnel may accompany pupils to and      189          

from the service sites when necessary to ensure the safety of the  190          

children receiving the services.                                   191          

      Health ALL services provided pursuant to divisions (B),      193          

(C), (D), and (E) of this section may be provided under contract   194          

with EDUCATIONAL SERVICE CENTERS, the department of health, city   196          

or general health districts, or private agencies whose personnel   197          

are properly licensed by an appropriate state board or agency.     198          

      Transportation of pupils provided pursuant to divisions      200          

(E), (F), (G), and (I) of this section shall be provided by the    201          

school district from its general funds and not from moneys paid    202          

to it under division (L) of section 3317.024 of the Revised Code   204          

unless a special transportation request is submitted by the                     

parent of the child receiving service pursuant to such divisions.  205          

If such an application is presented to the school district, it     206          

may pay for the transportation from moneys paid to it under        207          

division (L) of section 3317.024 of the Revised Code.              208          

      No school district shall provide health or remedial          210          

services to nonpublic school pupils as authorized by this section  211          

unless such services are available to pupils attending the public  212          

schools within the district.                                       213          

      Materials, equipment, computer HARDWARE OR software,         215          

textbooks, electronic textbooks, and health and remedial services  217          

                                                          6      


                                                                 
provided for the benefit of nonpublic school pupils pursuant to    218          

this section and the admission of pupils to such nonpublic         219          

schools shall be provided without distinction as to race, creed,   220          

color, or national origin of such pupils or of their teachers.     221          

      No school district shall provide services, MATERIALS, OR     223          

EQUIPMENT THAT CONTAIN RELIGIOUS CONTENT for use in religious      225          

courses, devotional exercises, religious training, or any other    226          

religious activity.                                                             

      As used in this section, "parent" includes a person          228          

standing in loco parentis to a child.                              229          

      Notwithstanding section 3317.01 of the Revised Code,         231          

payments shall be made under this section to any city, local, or   232          

exempted village school district within which is located one or    233          

more nonpublic elementary or high schools.                         234          

      The allocation of payments for materials, equipment,         236          

textbooks, electronic textbooks, health services, and remedial     237          

services to city, local, and exempted village school districts     239          

shall be on the basis of the state board of education's estimated  240          

annual average daily membership in nonpublic elementary and high   241          

schools located in the district.                                   242          

      Payments made to city, local, and exempted village school    244          

districts under this section shall be equal to specific            245          

appropriations made for the purpose.  All interest earned by a     246          

school district on such payments shall be used by the district     247          

for the same purposes and in the same manner as the payments may   248          

be used.                                                           249          

      The department of education shall adopt guidelines and       251          

procedures under which such programs and services shall be         252          

provided, under which districts shall be reimbursed for            253          

administrative costs incurred in providing such programs and       254          

services, and under which any unexpended balance of the amounts    255          

appropriated by the general assembly to implement this section     256          

may be transferred to the auxiliary services personnel             257          

unemployment compensation fund established pursuant to section     258          

                                                          7      


                                                                 
4141.47 of the Revised Code.  The department shall also adopt      259          

guidelines and procedures limiting the purchase and loan of the    261          

items described in division (K) of this section to items that are  263          

in general use in the public schools of the state, that are        264          

incapable of diversion to religious use, and that are susceptible  265          

to individual use rather than classroom use.  Within thirty days   266          

after the end of each biennium, each board of education shall      267          

remit to the department all moneys paid to it under division (L)   268          

of section 3317.024 of the Revised Code and any interest earned    269          

on those moneys that are not required to pay expenses incurred     270          

under this section during the biennium for which the money was     271          

appropriated and during which the interest was earned.  If a       272          

board of education subsequently determines that the remittal of    273          

moneys leaves the board with insufficient money to pay all valid   274          

expenses incurred under this section during the biennium for       275          

which the remitted money was appropriated, the board may apply to  276          

the department of education for a refund of money, not to exceed   277          

the amount of the insufficiency.  If the department determines     278          

the expenses were lawfully incurred and would have been lawful     279          

expenditures of the refunded money, it shall certify its           280          

determination and the amount of the refund to be made to the       281          

director of jobs JOB and family services who shall make a refund   282          

as provided in section 4141.47 of the Revised Code.                283          

      Section 2.  That existing section 3317.06 of the Revised     285          

Code is hereby repealed.                                           286          

      Section 3.  This act is hereby declared to be an emergency   288          

measure necessary for the immediate preservation of the public     289          

peace, health, and safety.  The reason for such necessity lies in  290          

the obligation to ensure a high quality education for all          291          

children by providing nonpublic school students with increased     292          

access to the technological and educational resources essential                 

to enhanced learning.  Therefore, this act shall go into           293          

immediate effect.