As Reported by the Senate Education Committee 1
123rd General Assembly 4
Regular Session Sub. 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-HARTNETT-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-SULZER- 15
A. CORE-REDFERN-AUSTRIA-WOMER BENJAMIN-HOOPS-ASLANIDES-
DAMSCHRODER-BOYD-HOUSEHOLDER-COLLIER-AMSTUTZ-MOTTLEY- 17
SENATORS HAGAN-GARDNER-HARRIS-CUPP-KEARNS-MUMPER-OELSLAGER
_________________________________________________________________ 19
A B I L L
To amend sections 3317.06 and 3317.063 and to enact 21
section 3319.226 of the Revised Code and to amend 22
Section 3 of Am. Sub. S.B. 272 of the 123rd
General Assembly to expand the use of computer 23
hardware and instructional materials purchased by 24
school districts for use by students enrolled in 25
nonpublic schools within the districts, to permit
all nonpublic auxiliary services to be delivered 26
through contracts with educational service 27
centers, to permit the Department of Education to 29
make payments to school districts for auxiliary 30
services and payments to chartered nonpublic
schools for reimbursement of mandated service 31
costs without submission of disbursement requests 32
to the Controlling Board for approval, to specify 34
the duration of educator licenses for substitute
teaching, to require the State Board of Education 36
to issue provisional licenses to certain
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individuals working toward masters degrees in 37
speech-language pathology and to qualify them for 38
waivers of examination and academic requirements 39
by the Board of Speech-Language Pathology and 40
Audiology, and to declare an emergency. 41
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 3317.06 and 3317.063 be amended 44
and section 3319.226 of the Revised Code be enacted to read as 45
follows: 46
Sec. 3317.06. Moneys paid to school districts under 56
division (L) of section 3317.024 of the Revised Code shall be 58
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 60
textbooks as have been approved by the superintendent of public 62
instruction for use in public schools in the state and to loan 63
such textbooks or electronic textbooks to pupils attending 65
nonpublic schools within the district or to their parents and to 66
hire clerical personnel to administer such lending program. Such 67
loans shall be based upon individual requests submitted by such 68
nonpublic school pupils or parents. Such requests shall be 69
submitted to the school district in which the nonpublic school is 70
located. Such individual requests for the loan of textbooks or 71
electronic textbooks shall, for administrative convenience, be 72
submitted by the nonpublic school pupil or the pupil's parent to 74
the nonpublic school, which shall prepare and submit collective 75
summaries of the individual requests to the school district. As 76
used in this section: 77
(1) "Textbook" means any book or book substitute that a 80
pupil uses as a consumable or nonconsumable text, text 81
substitute, or text supplement in a particular class or program 83
in the school the pupil regularly attends. 84
(2) "Electronic textbook" means computer software, 86
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interactive videodisc, magnetic media, CD-ROM, computer 87
courseware, local and remote computer assisted instruction, 88
on-line service, electronic medium, or other means of conveying 89
information to the student or otherwise contributing to the 90
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 92
pupils attending nonpublic schools within the district. Such 93
service shall be provided in the nonpublic school attended by the 94
pupil receiving the service. 95
(C) To provide physician, nursing, dental, and optometric 97
services to pupils attending nonpublic schools within the 98
district. Such services shall be provided in the school attended 99
by the nonpublic school pupil receiving the service. 100
(D) To provide diagnostic psychological services to pupils 102
attending nonpublic schools within the district. Such services 103
shall be provided in the school attended by the pupil receiving 104
the service. 105
(E) To provide therapeutic psychological and speech and 107
hearing services to pupils attending nonpublic schools within the 108
district. Such services shall be provided in the public school, 109
in nonpublic schools, in public centers, or in mobile units 110
located on or off of the nonpublic premises. If such services 111
are provided in the public school or in public centers, 112
transportation to and from such facilities shall be provided by 113
the school district in which the nonpublic school is located. 114
(F) To provide guidance and counseling services to pupils 116
attending nonpublic schools within the district. Such services 117
shall be provided in the public school, in nonpublic schools, in 118
public centers, or in mobile units located on or off of the 120
nonpublic premises. If such services are provided in the public 121
school or in public centers, transportation to and from such 122
facilities shall be provided by the school district in which the 123
nonpublic school is located.
(G) To provide remedial services to pupils attending 125
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nonpublic schools within the district. Such services shall be 126
provided in the public school, in nonpublic schools, in public 127
centers, or in mobile units located on or off of the nonpublic 128
premises. If such services are provided in the public school or 130
in public centers, transportation to and from such facilities 131
shall be provided by the school district in which the nonpublic 132
school is located.
(H) To supply for use by pupils attending nonpublic 134
schools within the district such standardized tests and scoring 135
services as are in use in the public schools of the state; 136
(I) To provide programs for children who attend nonpublic 138
schools within the district and are handicapped children as 139
defined in division (A) of section 3323.01 of the Revised Code or 140
gifted children. Such programs shall be provided in the public 141
school, in nonpublic schools, in public centers, or in mobile 142
units located on or off of the nonpublic premises. If such 145
programs are provided in the public school or in public centers, 146
transportation to and from such facilities shall be provided by 147
the school district in which the nonpublic school is located. 148
(J) To hire clerical personnel to assist in the 150
administration of programs pursuant to divisions (B), (C), (D), 151
(E), (F), (G), and (I) of this section and to hire supervisory 152
personnel to supervise the providing of services and textbooks 153
pursuant to this section. 154
(K) To purchase any secular, neutral, and nonideological 156
computer software (including site-licensing), prerecorded video 158
laserdiscs, digital video on demand (DVD), compact discs, and 159
video cassette cartridges, wide area connectivity and related 161
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 164
school library materials that are in general use in the public 165
schools of the state and loan such items to pupils attending 167
nonpublic schools within the district or to their parents, and to 168
hire clerical personnel to administer the lending program. Only 169
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such items that are incapable of diversion to religious use and 171
that are susceptible of loan to individual pupils and are 172
furnished for the use of individual pupils shall be purchased and 173
loaned under this division. As used in this section, 174
"instructional materials" means prepared learning materials that 175
are secular, neutral, and nonideological in character and are of 176
benefit to the instruction of school children, and may include 177
educational resources and services developed by the Ohio 178
schoolnet commission.
(L) To purchase instructional equipment, including 180
computer hardware AND RELATED EQUIPMENT IN GENERAL USE IN THE 181
PUBLIC SCHOOLS OF THE STATE, for use by pupils attending 183
nonpublic schools within the district, if such usage only occurs 185
when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B), 186
(D), (E), (F), (G), or (I) of this section AND TO LOAN SUCH ITEMS 188
TO PUPILS ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO 189
THEIR PARENTS, AND TO HIRE CLERICAL PERSONNEL TO ADMINISTER THE 190
LENDING PROGRAM.
(M) To purchase mobile units to be used for the provision 193
of services pursuant to divisions (E), (F), (G), and (I) of this 196
section and to pay for necessary repairs and operating costs 197
associated with these units. 198
Clerical and supervisory personnel hired pursuant to 200
division (J) of this section shall perform their services in the 201
public schools, in nonpublic schools, public centers, or mobile 202
units where the services are provided to the nonpublic school 204
pupil, except that such personnel may accompany pupils to and 205
from the service sites when necessary to ensure the safety of the 206
children receiving the services. 207
Health ALL services provided pursuant to divisions (B), 209
(C), (D), and (E) of this section may be provided under contract 210
with EDUCATIONAL SERVICE CENTERS, the department of health, city 212
or general health districts, or private agencies whose personnel 213
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are properly licensed by an appropriate state board or agency. 214
Transportation of pupils provided pursuant to divisions 216
(E), (F), (G), and (I) of this section shall be provided by the 217
school district from its general funds and not from moneys paid 218
to it under division (L) of section 3317.024 of the Revised Code 220
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 221
If such an application is presented to the school district, it 222
may pay for the transportation from moneys paid to it under 223
division (L) of section 3317.024 of the Revised Code. 224
No school district shall provide health or remedial 226
services to nonpublic school pupils as authorized by this section 227
unless such services are available to pupils attending the public 228
schools within the district. 229
Materials, equipment, computer HARDWARE OR software, 231
textbooks, electronic textbooks, and health and remedial services 233
provided for the benefit of nonpublic school pupils pursuant to 234
this section and the admission of pupils to such nonpublic 235
schools shall be provided without distinction as to race, creed, 236
color, or national origin of such pupils or of their teachers. 237
No school district shall provide services, MATERIALS, OR 239
EQUIPMENT THAT CONTAIN RELIGIOUS CONTENT for use in religious 241
courses, devotional exercises, religious training, or any other 242
religious activity.
As used in this section, "parent" includes a person 244
standing in loco parentis to a child. 245
Notwithstanding section 3317.01 of the Revised Code, 247
payments shall be made under this section to any city, local, or 248
exempted village school district within which is located one or 249
more nonpublic elementary or high schools AND ANY PAYMENTS MADE 251
TO SCHOOL DISTRICTS UNDER DIVISION (L) OF SECTION 3317.024 OF THE 252
REVISED CODE FOR PURPOSES OF THIS SECTION MAY BE DISBURSED 254
WITHOUT SUBMISSION TO AND APPROVAL OF THE CONTROLLING BOARD. 255
The allocation of payments for materials, equipment, 257
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textbooks, electronic textbooks, health services, and remedial 258
services to city, local, and exempted village school districts 260
shall be on the basis of the state board of education's estimated 261
annual average daily membership in nonpublic elementary and high 262
schools located in the district. 263
Payments made to city, local, and exempted village school 265
districts under this section shall be equal to specific 266
appropriations made for the purpose. All interest earned by a 267
school district on such payments shall be used by the district 268
for the same purposes and in the same manner as the payments may 269
be used. 270
The department of education shall adopt guidelines and 272
procedures under which such programs and services shall be 273
provided, under which districts shall be reimbursed for 274
administrative costs incurred in providing such programs and 275
services, and under which any unexpended balance of the amounts 276
appropriated by the general assembly to implement this section 277
may be transferred to the auxiliary services personnel 278
unemployment compensation fund established pursuant to section 279
4141.47 of the Revised Code. The department shall also adopt 280
guidelines and procedures limiting the purchase and loan of the 282
items described in division (K) of this section to items that are 284
in general use in the public schools of the state, that are 285
incapable of diversion to religious use, and that are susceptible 286
to individual use rather than classroom use. Within thirty days 287
after the end of each biennium, each board of education shall 288
remit to the department all moneys paid to it under division (L) 289
of section 3317.024 of the Revised Code and any interest earned 290
on those moneys that are not required to pay expenses incurred 291
under this section during the biennium for which the money was 292
appropriated and during which the interest was earned. If a 293
board of education subsequently determines that the remittal of 294
moneys leaves the board with insufficient money to pay all valid 295
expenses incurred under this section during the biennium for 296
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which the remitted money was appropriated, the board may apply to 297
the department of education for a refund of money, not to exceed 298
the amount of the insufficiency. If the department determines 299
the expenses were lawfully incurred and would have been lawful 300
expenditures of the refunded money, it shall certify its 301
determination and the amount of the refund to be made to the 302
director of jobs JOB and family services who shall make a refund 303
as provided in section 4141.47 of the Revised Code. 304
Sec. 3317.063. The superintendent of public instruction, 317
in accordance with rules adopted by the department of education, 318
shall annually reimburse each chartered nonpublic school for the 319
actual mandated service administrative and clerical costs 320
incurred by such school during the preceding school year in 321
preparing, maintaining, and filing reports, forms, and records, 322
and in providing such other administrative and clerical services 323
that are not an integral part of the teaching process as may be 324
required by state law or rule or by requirements duly promulgated 325
by city, exempted village, or local school districts. The 326
mandated service costs reimbursed pursuant to this section shall 327
include, but are not limited to, the preparation, filing and 328
maintenance of forms, reports, or records and other clerical and 329
administrative services relating to state chartering or approval 330
of the nonpublic school, pupil attendance, pupil health and 331
health testing, transportation of pupils, federally funded 332
education programs, pupil appraisal, pupil progress, educator 333
licensure, unemployment and workers' compensation, transfer of 335
pupils, and such other education related data which are now or
hereafter shall be required of such nonpublic school by state law 336
or rule, or by requirements of the state department of education, 337
other state agencies, or city, exempted village, or local school 338
districts. 339
The reimbursement required by this section shall be for 341
school years beginning on or after July 1, 1981. 342
Each nonpublic school which seeks reimbursement pursuant to 344
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this section shall submit to the superintendent of public 345
instruction an application together with such additional reports 346
and documents as the department of education may require. Such 347
application, reports, and documents shall contain such 348
information as the department of education may prescribe in order 349
to carry out the purposes of this section. No payment shall be 350
made until the superintendent of public instruction has approved 351
such application. 352
Each nonpublic school which applies for reimbursement 354
pursuant to this section shall maintain a separate account or 355
system of accounts for the expenses incurred in rendering the 356
required services for which reimbursement is sought. Such 357
accounts shall contain such information as is required by the 358
department of education and shall be maintained in accordance 359
with rules adopted by the department of education. 360
Reimbursement payments to a nonpublic school pursuant to 362
this section shall not exceed an amount for each school year 363
equal to two hundred fifty dollars per pupil enrolled in that 364
nonpublic school. 365
The superintendent of public instruction may, from time to 367
time, examine any and all accounts and records of a nonpublic 368
school which have been maintained pursuant to this section in 369
support of an application for reimbursement, for the purpose of 370
determining the costs to such school of rendering the services 371
for which reimbursement is sought. If after such audit it is 372
determined that any school has received funds in excess of the 373
actual cost of providing such services, said school shall 374
immediately reimburse the state in such excess amount. 375
ANY PAYMENTS MADE TO CHARTERED NONPUBLIC SCHOOLS UNDER THIS 377
SECTION MAY BE DISBURSED WITHOUT SUBMISSION TO AND APPROVAL OF 378
THE CONTROLLING BOARD. 379
Sec. 3319.226. The state board of education shall issue 381
educator licenses for substitute teaching that are valid for 382
terms of one year, five years, and any other length of time up to 383
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five years that the state board determines is appropriate. 384
Section 2. That existing sections 3317.06 and 3317.063 of 386
the Revised Code are hereby repealed. 387
Section 3. That Section 3 of Am. Sub. S.B. 272 of the 389
123rd General Assembly be amended to read as follows: 390
"Sec. 3. The board of education of any school district 396
whose electors have approved a bond issue or tax levy for the 397
construction of or additions or major repair to a classroom 398
facility within eighteen months prior to the effective date of 399
this section SEPTEMBER 14, 2000, may apply ALL OR A PORTION OF 401
the expenditures of the proceeds from such bond issue or tax levy 402
as local resources for purposes of the district's participation 403
in the School Building Assistance Expedited Local Partnership 404
Program under section 3318.36 of the Revised Code, as long as the 405
actual construction or repair work authorized under the bond 406
issue or tax levy has not commenced prior to the execution of the 407
agreement between the. THE Ohio School Facilities Commission and 408
the, UPON REQUEST OF SUCH A school district board, SHALL CONDUCT 410
A DISTRICT NEEDS ASSESSMENT under section 3318.36 of the Revised 411
Code AND SHALL DETERMINE WHETHER SUCH PROJECT MEETS ALL OR A 412
PORTION OF THE DISTRICT'S ASSESSED NEEDS and WHETHER the design 413
of ALL OR A PORTION OF the project authorized by the bond issue 414
or tax levy complies with DESIGN specifications of the Commission 415
as required under division (B)(3) of section 3318.36 of the 417
Revised Code.
THE COMMISSION SHALL APPROVE AS LOCAL RESOURCES THE 419
DISTRICT'S EXPENDITURES FOR THAT PORTION OF THE PROJECT 420
DETERMINED TO MEET THE DISTRICT'S ASSESSED NEEDS AND TO COMPLY 421
WITH THE COMMISSION'S DESIGN SPECIFICATIONS." 422
Section 4. That existing Section 3 of Am. Sub. S.B. 272 of 424
the 123rd General Assembly is hereby repealed. 425
Section 5. (A) The State Board of Education shall issue a 428
three-year, nonrenewable, provisional license in school 429
speech-language pathology to any individual who both:
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(1) Previously has held a temporary certificate or license 431
from the State Board in school speech-language pathology; 432
(2) On the effective date of this section is enrolled in 434
the Ohio Masters Network Initiatives in Education ("OMNIE") 435
speech-language pathology program. 436
(B) An individual issued a provisional license under this 438
section qualifies for the waivers prescribed by division (D) of 439
section 4753.08 of the Revised Code if the individual submits to 440
the Board of Speech-Language Pathology and Audiology, on or after 441
January 1, 2001, but before January 1, 2002, an application for a 442
license under Chapter 4753. of the Revised Code and a true and 443
unaltered copy of the provisional license issued under this 444
section. For purposes of division(D) of section 4753.08 of the 445
Revised Code, an individual issued a provisional license under 446
this section shall be deemed to have held a "certificate," as 447
defined in that division, on January 1, 2001. 448
Section 6. Section 3317.063 of the Revised Code is 450
presented in this act as a composite of the section as amended by 451
both Am. Sub. S.B. 310 and Am. Sub. S.B. 230 of the 121st General 452
Assembly, with the new language of neither of the acts shown in 453
capital letters. This is in recognition of the principle stated 454
in division (B) of section 1.52 of the Revised Code that such 455
amendments are to be harmonized where not substantively 456
irreconcilable and constitutes a legislative finding that such is 457
the resulting version in effect prior to the effective date of 458
this act.
Section 7. This act is hereby declared to be an emergency 460
measure necessary for the immediate preservation of the public 461
peace, health, and safety. The reason for such necessity lies in 462
the obligation to ensure a high quality education for all 463
children by ensuring the ability of certain school districts to 464
furnish suitable classroom facilities for students and providing
nonpublic school students with increased access to the 466
technological and educational resources essential to enhanced 467
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learning. Therefore, this act shall go into immediate effect.