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Ohio Laws and Rules
As used in this chapter:
(A) “Educational television or radio” means television or radio programs which serve the educational needs of the community and which meet the requirements of the federal communications commission for noncommercial educational television or radio.
(B) “Educational telecommunications network” means a system of connected educational television, radio, or radio reading service facilities and coordinated programs established and operated or controlled by the eTech Ohio commission, pursuant to this chapter.
(C) “Transmission” means the sending out of television, radio, or radio reading service programs, either directly to the public, or to broadcasting stations or services for simultaneous broadcast or rebroadcast.
(D) “Transmission facilities” means structures, equipment, material, and services used in the transmission of educational television, radio, or radio reading service programs.
(E) “Interconnection facilities” means the equipment, material, and services used to link one location to another location or to several locations by means of telephone line, coaxial cable, microwave relays, or other available technologies.
(F) “Broadcasting station” means a properly licensed noncommercial educational television or radio station, appropriately staffed and equipped to produce programs or lessons and to broadcast programs.
(G) “Radio reading service” means a nonprofit organization that disseminates news and other information to blind and physically handicapped persons.
(H) “Affiliate” means an educational telecommunication entity, including a television or radio broadcasting station or radio reading service.
Effective Date: 06-30-1995; 07-01-2005
(A) There is hereby created the eTech Ohio commission as an independent agency to advance education and accelerate the learning of the citizens of this state through technology. The commission shall provide leadership and support in extending the knowledge of the citizens of this state by promoting access to and use of all forms of educational technology, including educational television and radio, radio reading services, broadband networks, videotapes, compact discs, digital video on demand (DVD), and the internet. The commission also shall administer programs to provide financial and other assistance to school districts and other educational institutions for the acquisition and utilization of educational technology.
The commission is a body corporate and politic, an agency of the state performing essential governmental functions of the state.
(B) The commission shall consist of thirteen members, nine of whom shall be voting members. Six of the voting members shall be representatives of the public. Of the representatives of the public, four shall be appointed by the governor with the advice and consent of the senate, one shall be appointed by the speaker of the house of representatives, and one shall be appointed by the president of the senate. The superintendent of public instruction or a designee of the superintendent, the chancellor of the Ohio board of regents or a designee of the chancellor, and the director of the office of information technology or a designee of the director shall be ex officio voting members. Of the nonvoting members, two shall be members of the house of representatives appointed by the speaker of the house of representatives and two shall be members of the senate appointed by the president of the senate. The members appointed from each chamber shall not be members of the same political party.
(C) Initial terms of office for members appointed by the governor shall be one year for one member, two years for one member, three years for one member, and four years for one member. At the first meeting of the commission, members appointed by the governor shall draw lots to determine the length of the term each member will serve. Thereafter, terms of office for members appointed by the governor shall be for four years. Terms of office for voting members appointed by the speaker of the house of representatives and the president of the senate shall be for four years. Any member who is a representative of the public may be reappointed by the member’s respective appointing authority, but no such member may serve more than two consecutive four-year terms. Such a member may be removed by the member’s respective appointing authority for cause.
Any legislative member appointed by the speaker of the house of representatives or the president of the senate who ceases to be a member of the legislative chamber from which the member was appointed shall cease to be a member of the commission. The speaker of the house of representatives and the president of the senate may remove their respective appointments to the commission at any time.
(D) Vacancies among appointed members shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(E) Members of the commission shall serve without compensation. The members who are representatives of the public shall be reimbursed, pursuant to office of budget and management guidelines, for actual and necessary expenses incurred in the performance of official duties.
(F) The governor shall appoint the chairperson of the commission from among the commission’s voting members. The chairperson shall serve a term of two years and may be reappointed. The commission shall elect other officers as necessary from among its voting members and shall prescribe its rules of procedure.
(G) The commission shall establish advisory groups as needed to address topics of interest and to provide guidance to the commission regarding educational technology issues and the technology needs of educators, learners, and the public. Members of each advisory group shall be appointed by the commission and shall include representatives of individuals or organizations with an interest in the topic addressed by the advisory group.
Effective Date: 07-01-2005; 06-30-2006
(A) The eTech Ohio commission shall appoint an executive director, who shall serve at the pleasure of the commission. The executive director shall have no authority other than that provided by law or delegated to the executive director by the commission. The executive director shall do all of the following:
(1) Direct commission employees in the administration of all programs of the commission;
(2) Provide leadership and support in extending the knowledge of the citizens of this state by promoting equal access to and use of all forms of educational technology, as directed by the commission;
(3) Provide financial and other assistance to school districts, educational television and radio stations, radio reading services, educational technology organizations, and other educational institutions for the acquisition and utilization of educational technology;
(4) Implement policies and directives issued by the commission;
(5) Perform other duties authorized by the commission.
(B) The commission shall fix the compensation of the executive director. The executive director shall employ and fix the compensation for such employees as necessary to facilitate the activities and purposes of the commission. The employees shall serve at the pleasure of the executive director.
(C) The employees of the commission shall be placed in the unclassified service.
(D)(1) Except as provided in division (D)(2) of this section, the employees of the commission shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.01 of the Revised Code.
(2) All employees of the commission who transferred to the commission from one of the commission’s predecessor agencies upon the commission’s creation and, when employed by the predecessor agency were included in a bargaining unit established under Chapter 4117. of the Revised Code, shall continue to be included in that bargaining unit, are public employees as defined in section 4117.01 of the Revised Code, and may collectively bargain with the commission in accordance with that chapter. Otherwise, any employee hired by the commission after July 1, 2005, either to fill vacancies or to fill new positions, shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.10 of the Revised Code.
Effective Date: 07-01-2005; 2007 HB119 06-30-2007
(A) The eTech Ohio commission may perform any act necessary to carry out the functions of this chapter, including any of the following:
(1) Make grants to institutions and other organizations as prescribed by the general assembly for the provision of technical assistance, professional development, and other support services to enable school districts, community schools established under Chapter 3314. of the Revised Code, other educational institutions, and affiliates to utilize educational technology;
(2) Establish a reporting system for school districts, community schools, other educational institutions, affiliates, and educational technology organizations that receive financial assistance from the commission. The system may require the reporting of information regarding the manner in which the assistance was expended, the manner in which the equipment or services purchased with the assistance is being utilized, the results or outcome of the utilization, the manner in which the utilization is compatible with the statewide academic standards adopted by the state board of education pursuant to section 3301.079 of the Revised Code, and any other information determined by the commission.
(3) Ensure that, where appropriate, products produced by any entity to which the commission provides financial assistance for use in elementary and secondary education are aligned with the statewide academic standards adopted by the state board pursuant to section 3301.079 of the Revised Code;
(4) Promote accessibility to educational products aligned with the statewide academic standards, adopted by the state board pursuant to section 3301.079 of the Revised Code, for school districts, community schools, and other entities serving grades kindergarten through twelve;
(5) Own or operate transmission facilities and interconnection facilities, or contract for transmission facilities and interconnection facilities, for an educational television, radio, or radio reading service network;
(6) Establish standards for interconnection facilities used by the commission in the transmission of educational television, radio, or radio reading service programming ;
(7) Enter into agreements with noncommercial educational television or radio broadcasting stations or radio reading services for the operation of the interconnection;
(8) Enter into agreements with noncommercial educational television or radio broadcasting stations or radio reading services for the production and use of educational television, radio, or radio reading service programs to be transmitted by the educational telecommunications network;
(9) Execute contracts and other agreements necessary and desirable to carry out the purposes of this chapter and other duties prescribed to the commission by law or authorize the executive director of the commission to execute such contracts and agreements on the commission’s behalf;
(10) Act as consultant with educational television and educational radio stations and radio reading services toward coordination within the state of the distribution of federal funds that may become available for equipment for educational broadcasting or radio reading services;
(11) Make payments to noncommercial Ohio educational television or radio broadcasting stations or radio reading services to sustain the operation of such stations or services;
(12) In consultation with participants in programs administered by the commission, establish guidelines governing purchasing and procurement that facilitate the timely and effective implementation of such programs;
(13) In consultation with participants in programs administered by the commission, consider the efficiency and cost savings of statewide procurement prior to allocating and releasing funds for such programs;
(14) In consultation with participants in programs administered by the commission, establish a systems support network to facilitate the timely implementation of the programs and other projects and activities for which the commission provides assistance.
(B) Chapters 123., 124., 125., and 153. of the Revised Code and sections 9.331, 9.332, and 9.333 of the Revised Code do not apply to contracts, programs, projects, or activities of the commission.
Effective Date: 06-30-1995; 07-01-2005
Any taxing authority as defined in section 5705.01 of the Revised Code located in a county may pay to any noncommercial educational television or radio broadcasting station or radio reading service located in the county or serving any part of the county an amount not to exceed five cents annually on each one thousand dollars of the total value of all property within the county as listed and assessed for taxation at the close of the fiscal year immediately preceding the year in which the payment is made.
Effective Date: 07-26-1991
(A) The affiliates services fund is hereby created in the state treasury. The eTech Ohio commission shall deposit any money it receives for services provided to affiliates to the credit of the fund, including:
(1) Reimbursements for services provided to stations;
(2) Charges levied for maintenance of telecommunications, broadcasting, or transmission equipment;
(3) Contract or grant payments from affiliates.
(B) The commission shall use money credited to the affiliates services fund for any commission operating purposes, including:
(1) The purchase, repair, or maintenance of telecommunications, broadcasting, or transmission equipment;
(2) The purchase or lease of educational programming;
(3) The purchase of tape and maintenance of a media library;
(4) Professional development programs and services;
(5) Administrative expenses.
Effective Date: 06-30-1999; 07-01-2005
(A) There is hereby created the Ohio government telecommunications service. The Ohio government telecommunications service shall provide the state government and affiliated organizations with multimedia support including audio, visual, and internet services, multimedia streaming, and hosting multimedia programs.
Services relating to the official activities of the general assembly and the executive offices provided by the Ohio government telecommunications service shall be funded through grants to a public television broadcasting station that will manage the staff and provide the services of the Ohio government telecommunications service. The Ohio educational television stations shall select a member station to manage the Ohio government telecommunications service. The Ohio government telecommunications service shall receive grants from, or contract with, any of the three branches of Ohio government, and their affiliates, to provide additional services. Services provided by the Ohio government telecommunications service shall not be used for political purposes included in campaign materials, or otherwise used to influence an election, legislation, issue, judicial decision, or other policy of state government.
(B)(1) There is hereby created the legislative programming committee of the Ohio government telecommunications service that shall consist of the president of the senate, speaker of the house of representatives, minority leader of the senate, and minority leader of the house of representatives, or their designees, and the clerks of the senate and house of representatives as nonvoting, ex officio members. By a vote of a majority of its members, the program committee may add additional members to the committee.
(2) The legislative programming committee shall adopt rules that govern the operation of the Ohio government telecommunications service relating to the general assembly and any affiliated organizations.
Effective Date: 12-13-2001; 07-01-2005; 2006 HB699 03-29-2007
There is hereby created in the state treasury the governmental telecommunications operating fund. The fund shall consist of money received from contract services of the Ohio government telecommunications service and shall be used for operations or equipment breakdowns related to the service. Only the Ohio government telecommunications service may authorize the spending of money in the fund. All investment earnings of the fund shall be credited to the fund. Once the fund has a balance of zero, the fund shall cease to exist.
Effective Date: 09-26-2003; 2006 HB699 03-29-2007
As used in sections 3353.20 to 3353.30 of the Revised Code:
(A) “Clearinghouse” means the clearinghouse established under section 3353.21 of the Revised Code.
(B) “Data verification code” means the code assigned to a student under division (D)(2) of section 3301.0714 of the Revised Code.
(C) “One-half unit” of instruction has the same meaning as in section 3313.603 of the Revised Code.
(D) A “student’s community school” means the community school established under Chapter 3314. of the Revised Code in which the student is enrolled instead of being enrolled in a school operated by a school district.
(E) A “student’s school district” means the school district operating the school in which the student is lawfully enrolled.
Effective Date: 2007 HB119 09-29-2007
(A) The eTech Ohio commission shall establish a clearinghouse of interactive distance learning courses and other distance learning courses delivered via a computer-based method offered by school districts for sharing with other school districts and community schools for the fee set pursuant to section 3353.24 of the Revised Code. The commission shall not be responsible for the content of courses offered through the clearinghouse; however, all such courses shall be delivered only in accordance with technical specifications approved by the commission.
(B) To offer a course through the clearinghouse, a school district shall apply to the commission in a form and manner prescribed by the commission. The application for each course shall describe the course of study in as much detail as required by the commission, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the school district to deliver the course, the times that the school district plans to deliver the course, and any other information required by the commission. The commission may require school districts to include in their applications information recommended by the state board of education under section 3353.30 of the Revised Code.
(C) The commission shall review the technical specifications of each application submitted under division (B) of this section and shall approve a course offered if the commission determines that the school district can satisfactorily deliver the course through the technology necessary for that delivery. In reviewing applications, the commission may consult with the department of education; however, the responsibility to either approve or not approve a course for the clearinghouse belongs to the commission. The commission may request additional information from a school district that submits an application under division (B) of this section, if the commission determines that such information is necessary. The commission may negotiate changes in the proposal to offer a course, if the commission determines that changes are necessary in order to approve the course.
(D) The commission shall catalog each course approved for the clearinghouse, through a print or electronic medium, displaying the following:
(1) Information necessary for a student and the student’s parent, guardian, or custodian and the student’s school district or community school to decide whether to enroll in the course;
(2) Instructions for enrolling in that course, including deadlines for enrollment.
Effective Date: 2007 HB119 09-29-2007
(A) A student who is enrolled in a school operated by a school district or in a community school may enroll in a course included in the clearinghouse only if both of the following conditions are satisfied:
(1) The student’s enrollment in the course is approved by the student’s school district or the student’s community school.
(2) The student’s school district or the student’s community school agrees to accept for credit the grade assigned by the district that is delivering the course.
(B) For each student enrolling in a course, the student’s school district or the student’s community school shall transmit the student’s data verification code and the student’s name to the school district delivering the course.
The district delivering the course may request from the student’s school district or the student’s community school other information from the student’s school record. The student’s school district or the student’s community school shall provide the requested information only in accordance with section 3319.321 of the Revised Code.
(C) The student’s school district or the student’s community school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the commission.
(D) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student’s school district or community school.
(E) A student who is enrolled in a school operated by a school district or in a community school and who takes a course included in the clearinghouse shall be counted in the formula ADM of a school district under section 3317.03 of the Revised Code as if the student were taking the course from the student’s school district or the student’s community school.
Effective Date: 2007 HB119 09-29-2007
For each student enrolled in a course included in the clearinghouse, the student’s school district or the student’s community school and the school district delivering the course shall report to the department of education, in accordance with the guidelines established under section 3301.0714 of the Revised Code, the information the department determines is necessary for the department to make the deductions and payments required under section 3353.25 of the Revised Code.
Effective Date: 2007 HB119 09-29-2007
(A) Unless the eTech Ohio commission sets a different fee amount pursuant to division (B) of this section, the fee for each course that is the equivalent of one-half unit of instruction offered through the clearinghouse shall be one hundred seventy-five dollars per student. The commission shall set the fee for a course that is either less than or greater than one-half unit of instruction based on the proportional amount the course is either less than or greater than one-half unit of instruction.
(B) The commission, by rule adopted in accordance with Chapter 119. of the Revised Code, may set a fee for courses offered through the clearinghouse at a rate other than the one specified in division (A) of this section.
(C) The commission shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to division (D) of section 3353.22 of the Revised Code.
Effective Date: 2007 HB119 09-29-2007
For each student enrolled in a course included in the clearinghouse, in accordance with information reported under section 3353.23 of the Revised Code and not later than the last day of that course, the department of education shall deduct the amount of the fee for that course from the student’s school district or the student’s community school, under division (P) of section 3317.023 or section 3314.086 or 3317.161 of the Revised Code, and shall pay that amount to the school district delivering the course.
Effective Date: 2007 HB119 09-29-2007
The grade for a student who enrolls in a course included in the clearinghouse shall be assigned by the school district that delivers the course and shall be transmitted by that district to the student’s school district or the student’s community school.
Effective Date: 2007 HB119 09-29-2007
The eTech Ohio commission may determine the manner in which a course included in the clearinghouse may be offered as a dual enrollment program as defined in section 3313.6013 of the Revised Code, may be offered to students who are enrolled in nonpublic schools or are instructed at home pursuant to section 3321.04 of the Revised Code, or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered.
Effective Date: 2007 HB119 09-29-2007
The eTech Ohio commission shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for the implementation of sections 3353.20 to 3353.27 of the Revised Code.
Effective Date: 2007 HB119 09-29-2007
Nothing in sections 3353.20 to 3353.28 of the Revised Code, or in rules implementing those sections, shall prohibit a school district from offering an interactive distance learning course or other distance learning course using a computer-based method through any means other than the clearinghouse established and maintained under those sections.
Effective Date: 2007 HB119 09-29-2007
Not later than six months after the effective date of this section, the state board of education shall adopt a resolution recommending to the eTech Ohio commission the types of information about a distance learning course that the commission might require school districts to submit with their applications to include the course in the clearinghouse.
Effective Date: 2007 HB119 09-29-2007