As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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-
ARMBRUSTER-BLESSING-WATTS-WACHTMANN-SPADA-WHITE 18
_________________________________________________________________ 20
A B I L L
To amend sections 3317.06 and 3317.063 and to enact 22
section 3319.226 of the Revised Code and to amend 23
Section 3 of Am. Sub. S.B. 272 of the 123rd
General Assembly to expand the use of computer 24
hardware and instructional materials purchased by 25
school districts for use by students enrolled in 26
nonpublic schools within the districts, to permit
all nonpublic auxiliary services to be delivered 27
through contracts with educational service 28
centers, to permit the Department of Education to 30
make payments to school districts for auxiliary 31
services and payments to chartered nonpublic
schools for reimbursement of mandated service 32
costs without submission of disbursement requests 33
to the Controlling Board for approval, to specify 35
the duration of educator licenses for substitute
teaching, to require the State Board of Education 37
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to issue provisional licenses to certain
individuals working toward masters degrees in 38
speech-language pathology and to qualify them for 39
waivers of examination and academic requirements 40
by the Board of Speech-Language Pathology and 41
Audiology, and to declare an emergency. 42
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 43
Section 1. That sections 3317.06 and 3317.063 be amended 45
and section 3319.226 of the Revised Code be enacted to read as 46
follows: 47
Sec. 3317.06. Moneys paid to school districts under 57
division (L) of section 3317.024 of the Revised Code shall be 59
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 61
textbooks as have been approved by the superintendent of public 63
instruction for use in public schools in the state and to loan 64
such textbooks or electronic textbooks to pupils attending 66
nonpublic schools within the district or to their parents and to 67
hire clerical personnel to administer such lending program. Such 68
loans shall be based upon individual requests submitted by such 69
nonpublic school pupils or parents. Such requests shall be 70
submitted to the school district in which the nonpublic school is 71
located. Such individual requests for the loan of textbooks or 72
electronic textbooks shall, for administrative convenience, be 73
submitted by the nonpublic school pupil or the pupil's parent to 75
the nonpublic school, which shall prepare and submit collective 76
summaries of the individual requests to the school district. As 77
used in this section: 78
(1) "Textbook" means any book or book substitute that a 81
pupil uses as a consumable or nonconsumable text, text 82
substitute, or text supplement in a particular class or program 84
in the school the pupil regularly attends. 85
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(2) "Electronic textbook" means computer software, 87
interactive videodisc, magnetic media, CD-ROM, computer 88
courseware, local and remote computer assisted instruction, 89
on-line service, electronic medium, or other means of conveying 90
information to the student or otherwise contributing to the 91
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 93
pupils attending nonpublic schools within the district. Such 94
service shall be provided in the nonpublic school attended by the 95
pupil receiving the service. 96
(C) To provide physician, nursing, dental, and optometric 98
services to pupils attending nonpublic schools within the 99
district. Such services shall be provided in the school attended 100
by the nonpublic school pupil receiving the service. 101
(D) To provide diagnostic psychological services to pupils 103
attending nonpublic schools within the district. Such services 104
shall be provided in the school attended by the pupil receiving 105
the service. 106
(E) To provide therapeutic psychological and speech and 108
hearing services to pupils attending nonpublic schools within the 109
district. Such services shall be provided in the public school, 110
in nonpublic schools, in public centers, or in mobile units 111
located on or off of the nonpublic premises. If such services 112
are provided in the public school or in public centers, 113
transportation to and from such facilities shall be provided by 114
the school district in which the nonpublic school is located. 115
(F) To provide guidance and counseling services to pupils 117
attending nonpublic schools within the district. Such services 118
shall be provided in the public school, in nonpublic schools, in 119
public centers, or in mobile units located on or off of the 121
nonpublic premises. If such services are provided in the public 122
school or in public centers, transportation to and from such 123
facilities shall be provided by the school district in which the 124
nonpublic school is located.
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(G) To provide remedial services to pupils attending 126
nonpublic schools within the district. Such services shall be 127
provided in the public school, in nonpublic schools, in public 128
centers, or in mobile units located on or off of the nonpublic 129
premises. If such services are provided in the public school or 131
in public centers, transportation to and from such facilities 132
shall be provided by the school district in which the nonpublic 133
school is located.
(H) To supply for use by pupils attending nonpublic 135
schools within the district such standardized tests and scoring 136
services as are in use in the public schools of the state; 137
(I) To provide programs for children who attend nonpublic 139
schools within the district and are handicapped children as 140
defined in division (A) of section 3323.01 of the Revised Code or 141
gifted children. Such programs shall be provided in the public 142
school, in nonpublic schools, in public centers, or in mobile 143
units located on or off of the nonpublic premises. If such 146
programs are provided in the public school or in public centers, 147
transportation to and from such facilities shall be provided by 148
the school district in which the nonpublic school is located. 149
(J) To hire clerical personnel to assist in the 151
administration of programs pursuant to divisions (B), (C), (D), 152
(E), (F), (G), and (I) of this section and to hire supervisory 153
personnel to supervise the providing of services and textbooks 154
pursuant to this section. 155
(K) To purchase any secular, neutral, and nonideological 157
computer software (including site-licensing), prerecorded video 159
laserdiscs, digital video on demand (DVD), compact discs, and 160
video cassette cartridges, wide area connectivity and related 162
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 165
school library materials that are in general use in the public 166
schools of the state and loan such items to pupils attending 168
nonpublic schools within the district or to their parents, and to 169
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hire clerical personnel to administer the lending program. Only 170
such items that are incapable of diversion to religious use and 172
that are susceptible of loan to individual pupils and are 173
furnished for the use of individual pupils shall be purchased and 174
loaned under this division. As used in this section, 175
"instructional materials" means prepared learning materials that 176
are secular, neutral, and nonideological in character and are of 177
benefit to the instruction of school children, and may include 178
educational resources and services developed by the Ohio 179
schoolnet commission.
(L) To purchase instructional equipment, including 181
computer hardware AND RELATED EQUIPMENT IN GENERAL USE IN THE 182
PUBLIC SCHOOLS OF THE STATE, for use by pupils attending 184
nonpublic schools within the district, if such usage only occurs 186
when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B), 187
(D), (E), (F), (G), or (I) of this section AND TO LOAN SUCH ITEMS 189
TO PUPILS ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO 190
THEIR PARENTS, AND TO HIRE CLERICAL PERSONNEL TO ADMINISTER THE 191
LENDING PROGRAM.
(M) To purchase mobile units to be used for the provision 194
of services pursuant to divisions (E), (F), (G), and (I) of this 197
section and to pay for necessary repairs and operating costs 198
associated with these units. 199
Clerical and supervisory personnel hired pursuant to 201
division (J) of this section shall perform their services in the 202
public schools, in nonpublic schools, public centers, or mobile 203
units where the services are provided to the nonpublic school 205
pupil, except that such personnel may accompany pupils to and 206
from the service sites when necessary to ensure the safety of the 207
children receiving the services. 208
Health ALL services provided pursuant to divisions (B), 210
(C), (D), and (E) of this section may be provided under contract 211
with EDUCATIONAL SERVICE CENTERS, the department of health, city 213
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or general health districts, or private agencies whose personnel 214
are properly licensed by an appropriate state board or agency. 215
Transportation of pupils provided pursuant to divisions 217
(E), (F), (G), and (I) of this section shall be provided by the 218
school district from its general funds and not from moneys paid 219
to it under division (L) of section 3317.024 of the Revised Code 221
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 222
If such an application is presented to the school district, it 223
may pay for the transportation from moneys paid to it under 224
division (L) of section 3317.024 of the Revised Code. 225
No school district shall provide health or remedial 227
services to nonpublic school pupils as authorized by this section 228
unless such services are available to pupils attending the public 229
schools within the district. 230
Materials, equipment, computer HARDWARE OR software, 232
textbooks, electronic textbooks, and health and remedial services 234
provided for the benefit of nonpublic school pupils pursuant to 235
this section and the admission of pupils to such nonpublic 236
schools shall be provided without distinction as to race, creed, 237
color, or national origin of such pupils or of their teachers. 238
No school district shall provide services, MATERIALS, OR 240
EQUIPMENT THAT CONTAIN RELIGIOUS CONTENT for use in religious 242
courses, devotional exercises, religious training, or any other 243
religious activity.
As used in this section, "parent" includes a person 245
standing in loco parentis to a child. 246
Notwithstanding section 3317.01 of the Revised Code, 248
payments shall be made under this section to any city, local, or 249
exempted village school district within which is located one or 250
more nonpublic elementary or high schools AND ANY PAYMENTS MADE 252
TO SCHOOL DISTRICTS UNDER DIVISION (L) OF SECTION 3317.024 OF THE 253
REVISED CODE FOR PURPOSES OF THIS SECTION MAY BE DISBURSED 255
WITHOUT SUBMISSION TO AND APPROVAL OF THE CONTROLLING BOARD. 256
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The allocation of payments for materials, equipment, 258
textbooks, electronic textbooks, health services, and remedial 259
services to city, local, and exempted village school districts 261
shall be on the basis of the state board of education's estimated 262
annual average daily membership in nonpublic elementary and high 263
schools located in the district. 264
Payments made to city, local, and exempted village school 266
districts under this section shall be equal to specific 267
appropriations made for the purpose. All interest earned by a 268
school district on such payments shall be used by the district 269
for the same purposes and in the same manner as the payments may 270
be used. 271
The department of education shall adopt guidelines and 273
procedures under which such programs and services shall be 274
provided, under which districts shall be reimbursed for 275
administrative costs incurred in providing such programs and 276
services, and under which any unexpended balance of the amounts 277
appropriated by the general assembly to implement this section 278
may be transferred to the auxiliary services personnel 279
unemployment compensation fund established pursuant to section 280
4141.47 of the Revised Code. The department shall also adopt 281
guidelines and procedures limiting the purchase and loan of the 283
items described in division (K) of this section to items that are 285
in general use in the public schools of the state, that are 286
incapable of diversion to religious use, and that are susceptible 287
to individual use rather than classroom use. Within thirty days 288
after the end of each biennium, each board of education shall 289
remit to the department all moneys paid to it under division (L) 290
of section 3317.024 of the Revised Code and any interest earned 291
on those moneys that are not required to pay expenses incurred 292
under this section during the biennium for which the money was 293
appropriated and during which the interest was earned. If a 294
board of education subsequently determines that the remittal of 295
moneys leaves the board with insufficient money to pay all valid 296
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expenses incurred under this section during the biennium for 297
which the remitted money was appropriated, the board may apply to 298
the department of education for a refund of money, not to exceed 299
the amount of the insufficiency. If the department determines 300
the expenses were lawfully incurred and would have been lawful 301
expenditures of the refunded money, it shall certify its 302
determination and the amount of the refund to be made to the 303
director of jobs JOB and family services who shall make a refund 304
as provided in section 4141.47 of the Revised Code. 305
Sec. 3317.063. The superintendent of public instruction, 318
in accordance with rules adopted by the department of education, 319
shall annually reimburse each chartered nonpublic school for the 320
actual mandated service administrative and clerical costs 321
incurred by such school during the preceding school year in 322
preparing, maintaining, and filing reports, forms, and records, 323
and in providing such other administrative and clerical services 324
that are not an integral part of the teaching process as may be 325
required by state law or rule or by requirements duly promulgated 326
by city, exempted village, or local school districts. The 327
mandated service costs reimbursed pursuant to this section shall 328
include, but are not limited to, the preparation, filing and 329
maintenance of forms, reports, or records and other clerical and 330
administrative services relating to state chartering or approval 331
of the nonpublic school, pupil attendance, pupil health and 332
health testing, transportation of pupils, federally funded 333
education programs, pupil appraisal, pupil progress, educator 334
licensure, unemployment and workers' compensation, transfer of 336
pupils, and such other education related data which are now or
hereafter shall be required of such nonpublic school by state law 337
or rule, or by requirements of the state department of education, 338
other state agencies, or city, exempted village, or local school 339
districts. 340
The reimbursement required by this section shall be for 342
school years beginning on or after July 1, 1981. 343
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Each nonpublic school which seeks reimbursement pursuant to 345
this section shall submit to the superintendent of public 346
instruction an application together with such additional reports 347
and documents as the department of education may require. Such 348
application, reports, and documents shall contain such 349
information as the department of education may prescribe in order 350
to carry out the purposes of this section. No payment shall be 351
made until the superintendent of public instruction has approved 352
such application. 353
Each nonpublic school which applies for reimbursement 355
pursuant to this section shall maintain a separate account or 356
system of accounts for the expenses incurred in rendering the 357
required services for which reimbursement is sought. Such 358
accounts shall contain such information as is required by the 359
department of education and shall be maintained in accordance 360
with rules adopted by the department of education. 361
Reimbursement payments to a nonpublic school pursuant to 363
this section shall not exceed an amount for each school year 364
equal to two hundred fifty dollars per pupil enrolled in that 365
nonpublic school. 366
The superintendent of public instruction may, from time to 368
time, examine any and all accounts and records of a nonpublic 369
school which have been maintained pursuant to this section in 370
support of an application for reimbursement, for the purpose of 371
determining the costs to such school of rendering the services 372
for which reimbursement is sought. If after such audit it is 373
determined that any school has received funds in excess of the 374
actual cost of providing such services, said school shall 375
immediately reimburse the state in such excess amount. 376
ANY PAYMENTS MADE TO CHARTERED NONPUBLIC SCHOOLS UNDER THIS 378
SECTION MAY BE DISBURSED WITHOUT SUBMISSION TO AND APPROVAL OF 379
THE CONTROLLING BOARD. 380
Sec. 3319.226. THE STATE BOARD OF EDUCATION SHALL ISSUE 382
EDUCATOR LICENSES FOR SUBSTITUTE TEACHING THAT ARE VALID FOR 383
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TERMS OF ONE YEAR, FIVE YEARS, AND ANY OTHER LENGTH OF TIME UP TO 384
FIVE YEARS THAT THE STATE BOARD DETERMINES IS APPROPRIATE. 385
Section 2. That existing sections 3317.06 and 3317.063 of 387
the Revised Code are hereby repealed. 388
Section 3. That Section 3 of Am. Sub. S.B. 272 of the 390
123rd General Assembly be amended to read as follows: 391
"Sec. 3. The board of education of any school district 397
whose electors have approved a bond issue or tax levy for the 398
construction of or additions or major repair to a classroom 399
facility within eighteen months prior to the effective date of 400
this section SEPTEMBER 14, 2000, may apply ALL OR A PORTION OF 402
the expenditures of the proceeds from such bond issue or tax levy 403
as local resources for purposes of the district's participation 404
in the School Building Assistance Expedited Local Partnership 405
Program under section 3318.36 of the Revised Code, as long as the 406
actual construction or repair work authorized under the bond 407
issue or tax levy has not commenced prior to the execution of the 408
agreement between the. THE Ohio School Facilities Commission and 409
the, UPON REQUEST OF SUCH A school district board, SHALL CONDUCT 411
A DISTRICT NEEDS ASSESSMENT under section 3318.36 of the Revised 412
Code AND SHALL DETERMINE WHETHER SUCH PROJECT MEETS ALL OR A 413
PORTION OF THE DISTRICT'S ASSESSED NEEDS and WHETHER the design 414
of ALL OR A PORTION OF the project authorized by the bond issue 415
or tax levy complies with DESIGN specifications of the Commission 416
as required under division (B)(3) of section 3318.36 of the 418
Revised Code.
THE COMMISSION SHALL APPROVE AS LOCAL RESOURCES THE 420
DISTRICT'S EXPENDITURES FOR THAT PORTION OF THE PROJECT 421
DETERMINED TO MEET THE DISTRICT'S ASSESSED NEEDS AND TO COMPLY 422
WITH THE COMMISSION'S DESIGN SPECIFICATIONS." 423
Section 4. That existing Section 3 of Am. Sub. S.B. 272 of 425
the 123rd General Assembly is hereby repealed. 426
Section 5. (A) The State Board of Education shall issue a 429
three-year, nonrenewable, provisional license in school 430
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speech-language pathology to any individual who both:
(1) Previously has held a temporary certificate or license 432
from the State Board in school speech-language pathology; 433
(2) On the effective date of this section is enrolled in 435
the Ohio Masters Network Initiatives in Education ("OMNIE") 436
speech-language pathology program. 437
(B) An individual issued a provisional license under this 439
section qualifies for the waivers prescribed by division (D) of 440
section 4753.08 of the Revised Code if the individual submits to 441
the Board of Speech-Language Pathology and Audiology, on or after 442
January 1, 2001, but before January 1, 2002, an application for a 443
license under Chapter 4753. of the Revised Code and a true and 444
unaltered copy of the provisional license issued under this 445
section. For purposes of division(D) of section 4753.08 of the 446
Revised Code, an individual issued a provisional license under 447
this section shall be deemed to have held a "certificate," as 448
defined in that division, on January 1, 2001. 449
Section 6. Section 3317.063 of the Revised Code is 451
presented in this act as a composite of the section as amended by 452
both Am. Sub. S.B. 310 and Am. Sub. S.B. 230 of the 121st General 453
Assembly, with the new language of neither of the acts shown in 454
capital letters. This is in recognition of the principle stated 455
in division (B) of section 1.52 of the Revised Code that such 456
amendments are to be harmonized where not substantively 457
irreconcilable and constitutes a legislative finding that such is 458
the resulting version in effect prior to the effective date of 459
this act.
Section 7. This act is hereby declared to be an emergency 461
measure necessary for the immediate preservation of the public 462
peace, health, and safety. The reason for such necessity lies in 463
the obligation to ensure a high quality education for all 464
children by ensuring the ability of certain school districts to 465
furnish suitable classroom facilities for students and providing
nonpublic school students with increased access to the 467
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technological and educational resources essential to enhanced 468
learning. Therefore, this act shall go into immediate effect.