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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 768 |
REPRESENTATIVES GARDNER-TIBERI-BUCHY-PETERSON-GOODMAN-
WILLAMOWSKI-CORBIN-JORDAN-NETZLEY-VAN VYVEN-YOUNG-DePIERO-
CALVERT-ROBINSON-JERSE-HARNETT-EVANS-CAREY-SCHULER-KRUPINSKI-
OLMAN-JACOBSON-LUEBBERS-MEAD-JOLIVETTE-D. MILLER-BUEHRER-
LOGAN-SCHUCK-WILLIAMS-KILBANE-COUGHLIN-TRAKAS-PERRY-METTLER-
ALLEN-TAYLOR-TERWILLEGER-SALERNO-BENDER-CLANCY-BARRETT-CATES-
O'BRIEN-VESPER-SULLIVAN-ROBERTS-CALLENDER
A BILL
To amend section 3317.06 of the Revised Code to expand the use of computer
hardware and instructional materials purchased by school districts for use by
students enrolled in nonpublic schools within the districts, to permit all
nonpublic auxiliary services to be delivered through contracts with
educational service
centers, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3317.06 of the Revised Code be amended to read as
follows:
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:
(1) "Textbook" means any book or book
substitute that a pupil uses as a consumable or
nonconsumable text, 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, 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 items
to pupils attending nonpublic schools within the district or to
their parents, and to hire clerical personnel to administer the
lending program. Only 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 AND
RELATED EQUIPMENT IN GENERAL USE IN THE PUBLIC SCHOOLS OF THE STATE, 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 AND TO LOAN SUCH ITEMS TO PUPILS
ATTENDING NONPUBLIC SCHOOLS WITHIN THE DISTRICT OR TO THEIR PARENTS, AND TO
HIRE CLERICAL PERSONNEL TO ADMINISTER THE LENDING PROGRAM.
(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 ALL services provided pursuant to divisions (B), (C),
(D), and (E) of this section may be provided under contract with
EDUCATIONAL SERVICE CENTERS,
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 HARDWARE OR 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, MATERIALS, OR EQUIPMENT
THAT CONTAIN RELIGIOUS CONTENT 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
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 director of jobs JOB and family
services who shall make a refund as
provided in section 4141.47 of the Revised Code.
Section 2. That existing section 3317.06 of the Revised Code is hereby
repealed.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity lies in the obligation to ensure a high quality
education for all children by providing nonpublic school students with
increased access to the technological and educational resources essential to
enhanced learning. Therefore, this act shall go into immediate effect.
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