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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 32 |
REPRESENTATIVE SJOLIVETTE-HAINES-HARRIS-HOUSEHOLDER-GRENDELL-
MOTTLEY-OLMAN-SCHULER-STAPLETON-TERWILLEGER-JONES-PATTON-
WINKLER-CALLENDER-PADGETT-O'BRIEN-MEAD-VESPER-KREBS-PERZ-
GOODMAN-METZGER-JORDAN-CORBIN-SYKES-WILLAMOWSKI-THOMAS-
MYERS-AMSTUTZ-COUGHLIN-BARNES
A BILL
To amend sections 3313.642, 3317.029, 3317.06, 3329.01, and 3329.03 to 3329.10
of the Revised Code to
permit school districts to purchase electronic textbooks
under the same
conditions as textbooks are purchased, to permit
school districts to
furnish electronic textbooks to students in lieu
of traditional textbooks provided the electronic
textbooks are
furnished free of charge, to permit secular electronic textbooks to be
purchased and loaned to nonpublic school students with auxiliary services
funds, and to expand the types of secular textbooks and instructional
materials that may be purchased and loaned to nonpublic school
students.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.642, 3317.029, 3317.06, 3329.01, 3329.03,
3329.04, 3329.05, 3329.06, 3329.07,
3329.08, 3329.09, and 3329.10 of the Revised
Code be amended to read as
follows:
Sec. 3313.642. (A) Except as provided
in division (B) of this section and notwithstanding the
provisions of sections 3313.48 and 3313.64
of the Revised Code, the board of education of a city, exempted village, or
local school district shall not be required to furnish, free of charge, to the
pupils attending the public schools any materials used in a course of
instruction with the exception of the necessary textbooks OR ELECTRONIC
TEXTBOOKS required to be
furnished without charge pursuant to section 3329.06 of the Revised Code. The
board may, however, make provision by appropriations transferred from the
general fund of the district or otherwise for furnishing free of charge any
materials used in a course of instruction to such pupils as it determines are
in serious financial need of such materials.
(B) No board of education of a school district that receives
funds under section 3317.029
of the Revised Code shall charge a fee
to a recipient of aid under Chapter 5107. or 5115. of the Revised Code for
any materials needed to enable the recipient to participate fully in a course
of instruction. The prohibition in this division against charging a fee does
not apply to any fee charged for any materials needed to enable a recipient to
participate fully in extracurricular activities or in any pupil enrichment
program that is not a course of instruction.
(C) Boards of education may adopt
rules and regulations prescribing a schedule of fees for materials
used in a course of instruction and
prescribing a schedule of charges which may be imposed upon pupils for the
loss, damage, or destruction of school apparatus, equipment, musical
instruments, library material, textbooks, OR ELECTRONIC
TEXTBOOKS
required to be furnished without
charge, and for damage to school buildings, and may enforce the payment of
such fees and charges by withholding the grades and credits of the pupils
concerned.
Sec. 3317.029. (A) As used in this section:
(1) "DPIA percentage" means the quotient
obtained by dividing the five-year average number of children
ages five to seventeen residing in the school district and
living in a family receiving family assistance, as certified or adjusted
under section 3317.10 of the Revised Code, by the district's
three-year average formula ADM.
(2) "Family assistance" means assistance received under
the Ohio works first program
or, for the purpose of determining the five-year average number of
recipients of family assistance in fiscal years 1999 through
2002, assistance received under an antecedent program known as
TANF or ADC.
(3) "Statewide DPIA
percentage" means the five-year average of the total number of
children ages five to seventeen years residing in the state and
receiving family assistance, divided by the
sum of the three-year average formula ADMs
for all school districts in the state.
(4) "DPIA index"
means the quotient obtained by dividing the
school district's DPIA percentage
by the statewide DPIA percentage.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten.
(6) "Kindergarten through third grade
ADM" means the amount calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(d)(c) Subtract from the sum calculated under division
(A)(6)(c)(b) of this section the
number of special education students in grades kindergarten
through three.
(7) "Statewide average teacher salary" means thirty-nine
thousand ninety-two dollars, which includes an amount for the
value of fringe benefits.
(8) "All-day kindergarten" means a
kindergarten class that is in session five days per week for not
less than the same number of clock hours each day as for pupils
in grades one through six.
(9) "All-day kindergarten percentage" means the percentage of a
district's actual total number of students enrolled in kindergarten who are
enrolled in all-day kindergarten.
(10) "Buildings with the highest concentration of need"
means the school
buildings in a district with percentages of students receiving family
assistance in grades kindergarten through three at least as high as the
district-wide percentage of students receiving family assistance.
If, however, the information provided by the department of
human services under section 3317.10 of the
Revised
Code is insufficient to
determine the family assistance percentage in each building,
"buildings with the highest concentration of need" has the
meaning given in rules that the department of education shall
adopt. The rules shall base the definition of "buildings with
the highest concentration of need" on family income of students in
grades kindergarten through three in a manner that, to the extent possible
with available data, approximates the intent of this division
and division (G) of this
section to designate buildings where the family assistance
percentage in those grades equals or exceeds the district-wide
family assistance percentage.
(B) In addition to the
amounts required to be paid to a school district under section
3317.022 of the Revised Code, a school district shall
receive the greater of the amount the district received in fiscal
year 1998 pursuant to division (B) of section
3317.023 of the Revised Code as it
existed at that time or the sum of the
computations made under divisions (C) to (E) of this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar programs,
calculated as follows:
(1) If the DPIA index
of the school district is greater than or equal to
thirty-five-hundredths, but less than one, an amount obtained by
multiplying the five-year average number of pupils in a
district receiving family assistance by two hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than or equal to one,
an amount obtained by multiplying the
DPIA index by two
hundred thirty dollars and multiplying that product by the
five-year average number of pupils in a district receiving
family assistance.
(D) A payment for all-day kindergarten if the
DPIA index of the school district is greater than or equal to one
or if the district's three-year average formula ADM exceeded
seventeen thousand five hundred, calculated by
multiplying the all-day kindergarten percentage
by the kindergarten ADM and multiplying that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the number of new
teachers necessary to achieve a lower student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per one
thousand students based on the
DPIA index of the school
district as follows:
(a) If the DPIA
index of the school district is less than six-tenths, the
formula number of teachers is 43.478, which is the number of
teachers per one thousand students at a student-teacher ratio
of twenty-three to one;
(b) If the DPIA index of the school
district is greater than or equal to six-tenths, but less than
two and one-half, the formula number of teachers is calculated as
follows:
43.478 + [(DPIA index-0.6)/1.9] X 23.188
Where 43.478 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to one; 1.9
is the interval from a DPIA
index of six-tenths to a
DPIA index of two and
one-half; and 23.188 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to
one.
(c) If the DPIA
index of the school district is greater than or equal to
two and one-half, the formula number of teachers is 66.667,
which is the number of teachers per one thousand students at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or calculated in
division (E)(1) of this section by the
kindergarten through third grade ADM for the district and divide that
product by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by 43.478, which is the
number of teachers per one thousand students at a student-teacher ratio of
twenty-three to one, and divide that product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average teachers salary.
(F) This division applies only to school districts whose
DPIA index is one or greater.
(1) Each school district subject to this division shall first utilize
funds received under this section so that, when combined with other funds
of the district, sufficient funds exist to provide all-day
kindergarten to at least the number of children in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by the five-year average number of pupils in a district receiving
family assistance multiplied by two hundred thirty dollars of the money
distributed under
this section may be utilized for one or both of the
following:
(a) Programs designed to ensure that
schools are free of drugs and violence and have a disciplined
environment conducive to learning;
(b) Remediation for students who have
failed or are in danger of failing any of the proficiency tests
administered pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this section,
all other funds distributed under this section to districts subject to
this division shall be utilized for the purpose of
the third grade guarantee. The third grade guarantee consists
of increasing the amount of
instructional attention received per pupil in kindergarten
through third grade, either by reducing the ratio of students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by a single teacher;
(b) Employing full-time educational aides or
educational paraprofessionals issued a permit or license under
section 3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the amount of time allocated for each class, increasing the
number of classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra curricular activities, or establishing tutoring or
remedial services for students who have demonstrated an
educational need. In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may utilize a participant
of the work experience program who has a child enrolled in a public school in
that district and who is fulfilling the work requirements of that program by
volunteering or working in that public school. If the work experience program
participant is compensated, the school district may use the funds distributed
under this section for all or part of the compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing summer programs.
(G) Each district subject to division
(F) of this section shall not expend any funds
received under division (E) of this section in
any school buildings that are not buildings with the highest concentration of
need, unless there is a ratio of instructional personnel to students of no
more than fifteen to one in each kindergarten and first grade class in all
buildings
with the highest concentration of need.
This division does not require that the funds used in
buildings with the highest concentration of need be spent solely
to reduce the ratio of instructional personnel to students in
kindergarten and first grade. A school district may spend the
funds in those buildings in any manner permitted by division
(F)(3) of this section, but may
not spend the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of this section shall submit to the department of
education an estimate of its
all-day kindergarten percentage.
Each district shall update its estimate throughout the
fiscal year in the form and manner required by the department,
and the department shall adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established under section 3301.0714
of the Revised Code and after consultation with the
legislative office of education oversight, shall
determine for each school district subject to division (F) of
this section whether in the preceding fiscal year the
district's ratio of instructional personnel to students; and its number
of kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for that fiscal year pursuant to divisions (D) and (E) of
this section. If the department is unable to verify from the
data available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds the district
has received under this section
and that class-size reduction
funds are being used in school buildings with the highest concentration of
need as required by division (G) of this section, the
department shall conduct a more intensive investigation to
ensure that funds have been expended as required by this
section. The department shall file an annual report of its findings under
this division with the chairpersons of the committees in each house of the
general assembly dealing with finance and education.
(I) Any school district with a DPIA index less than one
and a three-year average formula
ADM exceeding seventeen
thousand five hundred shall first utilize funds received under
this section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at least the
number of children in the district's all-day kindergarten
percentage. Such a district shall expend at least seventy per
cent of the remaining funds received under this section, and any
other district with a DPIA
index less than one shall expend at
least seventy per cent of all funds received under this
section, for any of the following purposes:
(1) The purchase of technology for
instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are
ready to progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described
by the department of education;
(11) Programs designed to ensure that schools
are free of drugs and violence and have a disciplined
environment conducive to learning;
(12) Furnishing, free of charge, materials used in
courses of instruction, except for the necessary textbooks OR ELECTRONIC
TEXTBOOKS
required to be furnished without charge pursuant to section
3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section
3313.813 of the Revised Code.
Each district shall submit to the department, in such format and at such
time as the department shall specify, a report on the programs for which it
expended funds under this division.
(J) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division (D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the superintendent
shall withhold from the funds otherwise due the district under
this section a proportional amount as determined by the difference in the
certified all-day
kindergarten percentage and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount of funds
otherwise due a district for any other misuse of funds not in accordance with
this section.
Sec. 3317.06. Moneys paid to school districts under
division (L) of section 3317.024 of the Revised Code shall
be used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks OR ELECTRONIC TEXTBOOKS as have
been
approved by the superintendent of public instruction for use in
public schools in the state and to loan such textbooks OR ELECTRONIC
TEXTBOOKS to pupils
attending nonpublic schools within the district or to their
parents and to hire clerical personnel to administer such lending
program. Such loans shall be based upon individual requests
submitted by such nonpublic school pupils or parents. Such
requests shall be submitted to the school district in which the
nonpublic school is located. Such individual requests for the
loan of textbooks OR ELECTRONIC TEXTBOOKS shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section, "textbook:
(1) "TEXTBOOK" means any book or book
substitute which THAT a pupil uses as a CONSUMABLE OR
NONCONSUMABLE text or, text substitute, OR TEXT
SUPPLEMENT in a
particular class or program in the school the pupil regularly
attends.
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, INTERACTIVE
VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER COURSEWARE,
LOCAL AND REMOTE COMPUTER ASSISTED INSTRUCTION, ON-LINE SERVICE, ELECTRONIC
MEDIUM, OR OTHER MEANS OF CONVEYING INFORMATION TO THE STUDENT OR OTHERWISE
CONTRIBUTING TO THE LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units located on
or off of the nonpublic premises. If such services are provided in the public
school or in public centers, transportation to and from such facilities
shall be provided by the school district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the nonpublic premises. If such
services are provided in the public school or in public centers,
transportation to and from such facilities shall be provided by
the school district in which the nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public centers, or in
mobile units located on or off of the nonpublic premises. If such
services are provided in
the public school or in public centers, transportation to and
from such facilities shall be provided by the school district in
which the nonpublic school is located.
(H) To supply for use by pupils attending nonpublic
schools within the district such standardized tests and scoring
services as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile units located
on or
off of
the nonpublic premises. If such programs are provided in the public school or
in public centers, transportation to and from such facilities
shall be provided by the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase any secular, neutral, and nonideological
computer software (INCLUDING SITE-LICENSING), prerecorded
video laserdiscs, DIGITAL VIDEO ON DEMAND (DVD),
compact discs, and
video cassette cartridges and, WIDE AREA CONNECTIVITY AND
RELATED TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science
equipment and
materials, INSTRUCTIONAL MATERIALS, AND SCHOOL LIBRARY MATERIALS
that are in general use in the public schools of the
state and loan such computer software, prerecorded
video laserdiscs,
compact discs, and video cassette cartridges, equipment, and
materials ITEMS
to pupils attending nonpublic schools within the district or to
their parents, and to hire clerical personnel to administer the
lending program. Only computer software, prerecorded
video
laserdiscs, compact discs, and video cassette cartridges,
equipment, and
materials SUCH ITEMS that are incapable of diversion to religious
use and
that are susceptible of loan to individual pupils and are
furnished for the use of individual pupils shall be purchased and
loaned under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, NEUTRAL, AND
NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO THE INSTRUCTION OF SCHOOL
CHILDREN, AND MAY INCLUDE EDUCATIONAL RESOURCES AND SERVICES DEVELOPED BY THE
OHIO SCHOOLNET COMMISSION.
(L) To purchase instructional equipment, including computer hardware, for
use
by pupils attending nonpublic schools within the district, if such
usage only
occurs when these pupils are being provided the secular remedial,
diagnostic, or therapeutic services pursuant to division (B),
(D),
(E), (F), (G), or (I) of this section.
(M) To purchase mobile units to be used for the
provision of services
pursuant to divisions (E), (F), (G),
and (I)
of this section and to pay for necessary repairs and operating
costs associated
with these units.
Clerical and supervisory personnel hired pursuant to
division (J) of this section shall perform their services in the
public schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil, except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
Health services provided pursuant to divisions (B), (C),
(D), and (E) of this section may be provided under contract with
the department of health, city or general health districts, or
private agencies whose personnel are properly licensed by an
appropriate state board or agency.
Transportation of pupils provided pursuant to divisions
(E), (F), (G), and (I) of this section shall be provided by the
school district from its general funds and not from moneys paid
to it under division (L) of section 3317.024 of the Revised
Code unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions.
If such an application is presented to the school district, it
may pay for the transportation from moneys paid to it under
division (L) of section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services to nonpublic school pupils as authorized by this section
unless such services are available to pupils attending the public
schools within the district.
Materials, equipment, computer software, textbooks, ELECTRONIC
TEXTBOOKS, and
health and remedial services provided for the benefit of
nonpublic school pupils pursuant to this section and the
admission of pupils to such nonpublic schools shall be provided
without distinction as to race, creed, color, or national origin
of such pupils or of their teachers.
No school district shall provide services for use in
religious courses, devotional exercises, religious training, or
any other religious activity.
As used in this section, "parent" includes a person
standing in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments shall be made under this section to any city, local, or
exempted village school district within which is located one or
more nonpublic elementary or high schools.
The allocation of payments for materials, equipment,
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial
services to city, local,
and exempted village school districts shall be on the basis of
the state board of education's estimated annual average daily
membership in nonpublic elementary and high schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for the same purposes and in the same manner as the payments may
be used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may be transferred to the auxiliary services personnel
unemployment compensation fund established pursuant to section
4141.47 of the Revised Code. The department shall also adopt
guidelines and procedures limiting the purchase and loan of
computer software, equipment, and materials under THE ITEMS
DESCRIBED IN division (K) of
this section to items that are in general use in the public
schools of the state, that are incapable of diversion to
religious use, and that are susceptible to individual use rather
than classroom use. Within thirty days after the end of each
biennium, each board of education shall remit to the department
all moneys paid to it under division (L) of section
3317.024 of the Revised Code and any interest earned on those moneys that are
not required to pay expenses incurred under this section during
the biennium for which the money was appropriated and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the administrator of the bureau of
employment services who shall make a refund as provided in
section 4141.47 of the Revised Code.
Sec. 3329.01. Any publisher of schoolbooks TEXTBOOKS OR
ELECTRONIC TEXTBOOKS in the United
States desiring to offer schoolbooks SUCH TEXTBOOKS OR ELECTRONIC
TEXTBOOKS
for use by pupils in the public schools of Ohio, before such books
TEXTBOOKS OR ELECTRONIC TEXTBOOKS may be adopted and purchased by any
school board, must, on or before the first day
of January of each year, file in the office of the superintendent
of public instruction, a statement that the list
wholesale price to school districts in Ohio will be
no more than the lowest list wholesale price available to school districts in
any other state. No
NO publisher OF A TEXTBOOK shall file a statement under this
section
unless the publisher complies with both of the following:
(A) At the same time as filing the statement, the publisher also files the
wholesale price of a
computer diskette that contains the text of the schoolbook
TEXTBOOK in the
American standard code for information interchange or in another
computer language approved by the superintendent of public
instruction for translating the text of the schoolbook TEXTBOOK
into braille.
(B) The list wholesale price filed for any specified number of
computer diskettes for the schoolbook TEXTBOOK does not exceed
the list wholesale price for the same number of the printed version of that
schoolbook TEXTBOOK.
AS USED IN THIS SECTION AND IN SECTIONS 3329.03 TO 3329.10
of the Revised Code, "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, INTERACTIVE VIDEODISC,
MAGNETIC MEDIA, CD-ROM, COMPUTER COURSEWARE, ON-LINE
SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING INFORMATION TO THE
STUDENT OR OTHERWISE CONTRIBUTING TO THE LEARNING PROCESS THROUGH ELECTRONIC
MEANS.
Sec. 3329.03. If a publisher who agreed in writing to
furnish books as provided in FILES A STATEMENT UNDER section
3329.02 3329.01 of the Revised Code,
fails or refuses to furnish such books TEXTBOOKS OR ELECTRONIC
TEXTBOOKS adopted as provided in
sections 3329.01 to 3329.10, inclusive, of the Revised Code to
any board of education upon the terms provided in such sections,
such board at once must notify the state board of education of
such failure or refusal, and the state board of education at once
shall cause an investigation of such charge to be made. If it is
found to be true, the state board of education at once shall
notify such publisher and each board in the state that such book
TEXTBOOKS OR ELECTRONIC TEXTBOOKS
shall not thereafter be adopted and purchased by boards of
education. Such publisher shall pay to the state five hundred
dollars for each failure, to be recovered in the name of the
state, in an action to be brought by the attorney general, in the
court of common pleas of Franklin county, or in any other proper
court or in any other place where service can be made. The
amount, when collected, must be paid into the state treasury to
the credit of the state general revenue fund.
Sec. 3329.04. A board of education shall not adopt or cause to be used in the
public schools any book TEXTBOOK OR ELECTRONIC TEXTBOOK whose
publisher
has
not complied with sections 3329.01
to 3329.10, inclusive, of the Revised Code as to such book
TEXTBOOK OR
ELECTRONIC TEXTBOOK.
Sec. 3329.05. Sections 3329.01 to 3329.04, inclusive, and section
3329.08 of
the Revised Code do not apply to the purchase of supplementary reading books,
library books, reference books, or any other books except textbooks AND
ELECTRONIC TEXTBOOKS USED IN LIEU OF TEXTBOOKS, required
by the board of education. All of such books, except textbooks AND
ELECTRONIC TEXTBOOKS required by the
board, shall be ordered, received, examined, and paid for in the same manner
and by the same persons as other supplies and equipment.
Sec. 3329.06. The board of education of each city, exempted village, and
local school district shall furnish, free of charge, the necessary textbooks
to the pupils attending the public schools. IN LIEU OF TEXTBOOKS, DISTRICT
BOARDS MAY FURNISH ELECTRONIC TEXTBOOKS TO PUPILS ATTENDING THE PUBLIC
SCHOOLS, PROVIDED THE ELECTRONIC TEXTBOOKS ARE FURNISHED FREE OF
CHARGE. A DISTRICT BOARD THAT CHOOSES TO FURNISH ELECTRONIC TEXTBOOKS TO
PUPILS ATTENDING SCHOOL IN THE DISTRICT SHALL PROVIDE REASONABLE ACCESS TO THE
ELECTRONIC TEXTBOOKS AND OTHER NECESSARY COMPUTER EQUIPMENT TO PUPILS IN THE
DISTRICT WHO ARE REQUIRED TO COMPLETE HOMEWORK ASSIGNMENTS, AND TEACHERS
PROVIDING HOMEWORK ASSIGNMENTS, UTILIZING
ELECTRONIC TEXTBOOKS FURNISHED BY THE DISTRICT BOARD. Pupils
wholly or in part supplied
with necessary textbooks OR ELECTRONIC TEXTBOOKS shall
be supplied only as other or new books TEXTBOOKS OR ELECTRONIC
TEXTBOOKS are needed. A board may limit its purchase and ownership of
books TEXTBOOKS OR ELECTRONIC TEXTBOOKS needed for its
schools to six subjects per year, the cost of which shall not exceed
twenty-five per cent of the entire cost of adoption. All textbooks OR
ELECTRONIC TEXTBOOKS furnished
as provided in this section shall be the property of the district, and loaned
to the pupils on such terms as each such board prescribes. In order to carry
out sections 3329.01 to 3329.10, inclusive, of the Revised Code, each
board,
in the preparation of its annual budget, shall include as a separate item the
amount which the board finds necessary to administer such sections and such
amount shall not be subject to transfer to any other fund.
Sec. 3329.07. The board of education of each city,
exempted village, and local school district shall cause it to be
ascertained and at a regular meeting determine which, and the
number of each of the textbooks OR ELECTRONIC TEXTBOOKS the schools
under its charge
require. The treasurer at once shall order the books TEXTBOOKS OR
ELECTRONIC TEXTBOOKS agreed upon from the publisher, who on the receipt of
such order must ship
them THE TEXTBOOKS OR ELECTRONIC TEXTBOOKS to the treasurer
without delay. He THE TREASURER forthwith shall examine
the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS, and, if found right
and in accordance with the order, remit the amount to the publisher. The
board must pay for the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS
so purchased and in
addition all charges for the transportation of the books TEXTBOOKS
OR ELECTRONIC TEXTBOOKS out of the general fund of said
district or out of such other funds as it may have available for
such purchase of textbooks OR ELECTRONIC TEXTBOOKS. If such board at
any time can
secure from the publishers books TEXTBOOKS OR ELECTRONIC
TEXTBOOKS at less than such maximum price, they shall do so, and without
unnecessary delay may make effort to secure such lower price before adopting
any particular textbooks OR ELECTRONIC TEXTBOOKS.
Sec. 3329.08. At any regular meeting, the board of education of each local
school district, from lists adopted by the educational
service center governing board, and the board of education of each city and
exempted village school district shall determine by a majority vote of all
members elected or appointed under division (B) or (F) of
section 3311.71 of the Revised Code which of such textbooks OR ELECTRONIC
TEXTBOOKS so
filed shall be used in the schools under its control. No EXCEPT FOR
PERIODIC AND NORMAL UPDATING OF ELECTRONIC TEXTBOOKS, NO textbooks OR
ELECTRONIC TEXTBOOKS shall be
changed, nor any part thereof altered or revised, nor any other textbook OR
ELECTRONIC TEXTBOOK
substituted therefor, within four years after the date of selection and
adoption thereof, as shown by the official records of such boards, except by
the consent, at a regular meeting, of four-fifths of all members elected
thereto. Books TEXTBOOKS OR ELECTRONIC TEXTBOOKS so substituted
shall be adopted for the full term of four
years.
Sec. 3329.09. Each city, exempted village, and local board
of education shall make all necessary provisions and arrangements
to place the books TEXTBOOKS OR ELECTRONIC TEXTBOOKS purchased
within easy
reach of and accessible
to all the pupils in their district. In city and exempted
village school districts the superintendent of schools and in
local school districts the treasurer of the board of education
shall be the custodian of all schoolbooks TEXTBOOKS OR ELECTRONIC
TEXTBOOKS purchased for the use
of and furnished free to all the pupils attending public schools
of such district. They shall distribute such books TEXTBOOKS OR
ELECTRONIC TEXTBOOKS, keep
such
records, maintain such accounts, and make such reports as the
board requires. The board may employ such additional help as is
necessary to properly administer this section.
This section does not prohibit any pupil, or the parent of
any pupil, from purchasing textbooks OR ELECTRONIC
TEXTBOOKS for their own use, or
the
use of their children or wards in the schools of the district in
which such purchaser resides. The board in each school district
upon the request of a pupil, or the parent of any pupil, shall
sell to such individual making the request textbooks OR
ELECTRONIC TEXTBOOKS of the
kind
requested at a price not to exceed the cost paid therefor plus
ten per cent. The proceeds of such sales shall be credited to
the fund from which payments are made by the board for the
purchase of textbooks OR ELECTRONIC TEXTBOOKS. AS USED IN THIS PARAGRAPH,
THE WORD "PUPIL" INCLUDES ANY SCHOOL-AGED CHILD WHO RESIDES IN THE DISTRICT.
Sec. 3329.10. A superintendent, supervisor, principal, or teacher employed by
any board of education shall not act as sales agent, either directly or
indirectly, for any person, firm, or corporation whose THAT
FILES school textbooks are
filed OR ELECTRONIC TEXTBOOKS with the superintendent of public
instruction, or for THAT SELLS school apparatus or
equipment of any kind for use in the public schools. A violation of this
section shall work a forfeiture of their licenses to teach in the public
schools.
Section 2. That existing sections 3313.642, 3317.029, 3317.06, 3329.01,
3329.03, 3329.04, 3329.05, 3329.06,
3329.07, 3329.08, 3329.09, and 3329.10 of the Revised Code are hereby
repealed.
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