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As Reported by the Senate Education Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 768 |
REPRESENTATIVES GARDNER-TIBERI-BUCHY-PETERSON-GOODMAN-
WILLAMOWSKI-CORBIN-JORDAN-NETZLEY-VAN VYVEN-YOUNG-DePIERO-
CALVERT-ROBINSON-JERSE-HARTNETT-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-SCHURING-BRADING-
ROMAN-WINKLER-WIDENER-GERBERRY-FLANNERY-HUGHES-SULZER-
A. CORE-REDFERN-AUSTRIA-WOMER BENJAMIN-HOOPS-ASLANIDES-
DAMSCHRODER-BOYD-HOUSEHOLDER-COLLIER-AMSTUTZ-MOTTLEY-
SENATORS HAGAN-GARDNER-HARRIS-CUPP-KEARNS-MUMPER-OELSLAGER
A BILL
To amend sections 3317.06 and 3317.063 and to enact section 3319.226 of the
Revised Code and to amend Section 3 of Am. Sub. S.B. 272 of the 123rd General
Assembly 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,
to permit the
Department of Education to make payments to school districts for
auxiliary services and payments to chartered nonpublic schools for
reimbursement of mandated service
costs without submission of disbursement requests to the
Controlling Board for approval,
to specify the duration of educator licenses for substitute teaching,
to require the
State Board of Education to issue provisional licenses to certain
individuals working toward masters degrees in speech-language
pathology and to qualify them for waivers of examination and
academic requirements by the Board of Speech-Language Pathology
and Audiology,
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3317.06 and 3317.063 be amended and section 3319.226
of the Revised Code be enacted 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
AND ANY PAYMENTS MADE TO
SCHOOL DISTRICTS UNDER DIVISION (L) OF SECTION 3317.024 OF THE
REVISED CODE FOR PURPOSES OF THIS
SECTION MAY BE DISBURSED WITHOUT SUBMISSION TO AND APPROVAL OF THE
CONTROLLING BOARD.
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.
Sec. 3317.063. The superintendent of public instruction,
in accordance with rules adopted by the department of education,
shall annually reimburse each chartered nonpublic school for the
actual mandated service administrative and clerical costs
incurred by such school during the preceding school year in
preparing, maintaining, and filing reports, forms, and records,
and in providing such other administrative and clerical services
that are not an integral part of the teaching process as may be
required by state law or rule or by requirements duly promulgated
by city, exempted village, or local school districts. The
mandated service costs reimbursed pursuant to this section shall
include, but are not limited to, the preparation, filing and
maintenance of forms, reports, or records and other clerical and
administrative services relating to state chartering or approval
of the nonpublic school, pupil attendance, pupil health and
health testing, transportation of pupils, federally funded
education programs, pupil appraisal, pupil progress, educator
licensure, unemployment and workers' compensation, transfer
of pupils, and such other education related data which are now or
hereafter shall be required of such nonpublic school by state law
or rule, or by requirements of the state department of education,
other state agencies, or city, exempted village, or local school
districts.
The reimbursement required by this section shall be for
school years beginning on or after July 1, 1981.
Each nonpublic school which seeks reimbursement pursuant to
this section shall submit to the superintendent of public
instruction an application together with such additional reports
and documents as the department of education may require. Such
application, reports, and documents shall contain such
information as the department of education may prescribe in order
to carry out the purposes of this section. No payment shall be
made until the superintendent of public instruction has approved
such application.
Each nonpublic school which applies for reimbursement
pursuant to this section shall maintain a separate account or
system of accounts for the expenses incurred in rendering the
required services for which reimbursement is sought. Such
accounts shall contain such information as is required by the
department of education and shall be maintained in accordance
with rules adopted by the department of education.
Reimbursement payments to a nonpublic school pursuant to
this section shall not exceed an amount for each school year
equal to two hundred fifty dollars per pupil enrolled in that nonpublic
school.
The superintendent of public instruction may, from time to
time, examine any and all accounts and records of a nonpublic
school which have been maintained pursuant to this section in
support of an application for reimbursement, for the purpose of
determining the costs to such school of rendering the services
for which reimbursement is sought. If after such audit it is
determined that any school has received funds in excess of the
actual cost of providing such services, said school shall
immediately reimburse the state in such excess amount.
ANY PAYMENTS MADE TO CHARTERED NONPUBLIC SCHOOLS UNDER THIS
SECTION MAY BE DISBURSED WITHOUT SUBMISSION TO AND APPROVAL OF THE
CONTROLLING BOARD.
Sec. 3319.226. The state board of education shall issue educator
licenses for substitute teaching that are valid for terms of one
year, five years, and any other length of time up to five years
that the state board determines is appropriate.
Section 2. That existing sections 3317.06 and 3317.063 of the Revised Code are
hereby repealed.
Section 3. That Section 3 of Am. Sub. S.B. 272 of the 123rd General Assembly
be amended to read as follows:
"Sec. 3. The board of education of any school district whose
electors have approved a bond issue or tax levy for the
construction of or additions or major repair to a classroom
facility within eighteen months prior to the effective date of
this section SEPTEMBER 14, 2000, may apply ALL
OR A PORTION OF the expenditures of the proceeds from such
bond issue or tax levy as local resources for purposes of the
district's participation in the School Building Assistance
Expedited Local Partnership Program under section 3318.36 of the
Revised Code, as long as the actual construction or repair work
authorized under the bond issue or tax levy has not commenced
prior to the execution of the agreement between the. THE
Ohio School Facilities Commission and
the, UPON REQUEST OF SUCH A school district board,
SHALL CONDUCT A DISTRICT NEEDS ASSESSMENT under section 3318.36 of the
Revised
Code AND SHALL DETERMINE WHETHER SUCH PROJECT MEETS ALL OR A PORTION OF THE
DISTRICT'S ASSESSED NEEDS and WHETHER the design of ALL OR A
PORTION OF the project authorized by the bond issue or tax
levy complies with DESIGN specifications of the Commission as
required
under division (B)(3) of section 3318.36 of the Revised Code.
THE COMMISSION SHALL APPROVE AS LOCAL RESOURCES THE DISTRICT'S
EXPENDITURES FOR THAT PORTION OF THE PROJECT DETERMINED TO MEET THE DISTRICT'S
ASSESSED NEEDS AND TO COMPLY WITH THE COMMISSION'S DESIGN
SPECIFICATIONS."
Section 4. That existing Section 3 of Am. Sub. S.B. 272 of the 123rd General
Assembly is hereby repealed.
Section 5. (A) The State Board of Education
shall issue a three-year, nonrenewable, provisional license in
school speech-language pathology to any individual who both:
(1) Previously has held a temporary certificate or license from
the State Board in school speech-language pathology;
(2) On the effective date of this section is enrolled in the Ohio
Masters Network Initiatives in Education ("OMNIE") speech-language
pathology program.
(B) An individual issued a provisional license under this section
qualifies for the waivers prescribed by division (D) of section
4753.08 of the Revised Code if the individual submits to the Board
of Speech-Language Pathology and Audiology, on or after January 1,
2001, but before January 1, 2002, an application for a license
under Chapter 4753. of the Revised Code and a true and unaltered
copy of the provisional license issued under this section. For
purposes of division(D) of section 4753.08 of the Revised Code, an
individual issued a provisional license under this section shall
be deemed to have held a "certificate," as defined in that
division, on January 1, 2001.
Section 6. Section 3317.063 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 310 and Am. Sub. S.B. 230 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 7. 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 ensuring the ability of certain school districts
to furnish suitable classroom facilities for students and 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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