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
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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
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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
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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
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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
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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
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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.