As Reported by the Senate Education Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 237 5
1999-2000 6
SENATORS CUPP-FURNEY-SCHAFRATH-KEARNS-PRENTISS 7
_________________________________________________________________ 9
A B I L L
To amend sections 3301.0710, 3301.0711, 3301.17, and 11
4508.01 to 4508.06 and to enact section 4508.09 12
of the Revised Code and to amend Section 4.18 of 13
Am. Sub. H.B. 282 of the 123rd General Assembly
to permit certain school districts to be licensed 14
as driver training schools to instruct and train 15
students other than regularly enrolled, full-time 16
students in the operation of trucks, commercial
cars, and commercial tractors, trailers, and 17
semi-trailers; to make other changes in the laws 18
governing driver training schools; to revise the 19
guidelines for scheduling the state proficiency
tests; and to qualify teachers with elementary 20
school certificates for the math and science 21
teacher incentive grants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3301.0710, 3301.0711, 3301.17, 25
4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 be 26
amended and section 4508.09 of the Revised Code be enacted to 27
read as follows:
Sec. 3301.0710. The state board of education shall adopt 36
rules establishing a statewide program to test student 37
proficiency for the purpose of ensuring that students who receive 38
a high school diploma demonstrate at least high school levels of 40
proficiency in reading, writing, mathematics, science, and 41
citizenship. In order to determine this proficiency, the minimum 42
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standards shall be appropriate for tenth grade proficiency level
in each of the specified areas. 43
(A)(1) The state board shall prescribe five statewide 45
proficiency tests, one each designed to measure skill in reading, 46
writing, mathematics, science, and citizenship, and shall 47
determine and designate the score on each such test that shall be 48
deemed to demonstrate that any student attaining such score has 49
achieved at least a fourth grade level of proficiency in the 50
measured skill. 51
(2) The state board shall prescribe five statewide 54
proficiency tests, one each designed to measure skill in reading, 55
writing, mathematics, science, and citizenship, and determine and 56
designate the score on each such test that is deemed to 57
demonstrate that any student attaining such score has achieved at 58
least a sixth grade level of proficiency in the measured skill. 59
(3) The state board shall prescribe five statewide 61
proficiency tests, one each designed to measure skill in reading, 62
writing, mathematics, science, and citizenship, and shall 63
determine and designate the score on each such test that shall be 64
deemed to demonstrate that any student attaining such score has 65
achieved at least a twelfth grade level of proficiency in the 66
measured skill. 67
(B) The state board shall prescribe five statewide high 69
school proficiency tests, one each designed to measure skill in 70
reading, writing, mathematics, science, and citizenship, and 71
shall determine and designate the score on each such test that 72
shall be deemed to demonstrate that any student attaining such 73
score has achieved at least the level of proficiency in the 74
measured skill appropriate for tenth grade. 76
The state board may enter into a reciprocal agreement with 78
the appropriate body or agency of any other state that has 79
similar statewide proficiency testing requirements for receiving 80
high school diplomas, under which any student who has met a 81
proficiency testing requirement of one state is recognized as 82
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having met the similar proficiency testing requirement of the 83
other state for purposes of receiving a high school diploma. For 84
purposes of this section and sections 3301.0711 and 3313.61 of 85
the Revised Code, any student enrolled in any public high school 86
in this state and who has met a proficiency testing requirement 87
specified in a reciprocal agreement entered into under this 88
division shall be deemed to have attained at least the applicable 89
score designated under this division on each test required by 90
this division that is specified in the agreement. 91
(C) The state board shall annually designate as follows 93
the dates on which the tests prescribed under this section shall 94
be administered: 95
(1) For the test prescribed under division (A)(1) of this 98
section to measure skill in reading, as follows: 99
(a) For students entering fourth grade in school years 102
that start prior to July 1, 2001, the same dates prescribed under 103
division (C)(2) of this section for the tests prescribed under 104
division (A)(1) of this section to measure skill in writing, 105
mathematics, science, and citizenship; 106
(b) For students entering fourth grade beginning with the 109
school year that starts July 1, 2001: 110
(i) One date prior to the thirty-first day of December 113
each school year; 114
(ii) Any dates prescribed under division (C)(2) of this 117
section for the tests prescribed under division (A)(1) of this 118
section to measure skill in writing, mathematics, science, and 119
citizenship;
(iii) One date during the summer for students receiving 122
summer remediation services under division (B)(3) of section 123
3313.608 of the Revised Code. 125
(2) For the tests prescribed under division (A)(1) of this 129
section to measure skill in writing, mathematics, science, and
citizenship and the tests prescribed under division (A)(2) of 131
this section, at least one date subsequent to OF EACH SCHOOL YEAR 132
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THAT IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the 133
fifteenth day of March of each school year;
(3) For the tests prescribed under division (A)(3) of this 135
section, at least one date subsequent to the thirty-first day of 136
December but prior to the thirty-first day of March of each 137
school year; 138
(4) For the tests prescribed under division (B) of this 140
section, at least one date subsequent to the fifteenth day of 141
March of each school year for all tenth grade students and at 142
least one date prior to the thirty-first day of December and at 144
least one date subsequent to that date but prior to the 145
thirty-first day of March of each school year for eleventh and
twelfth grade students. 146
(D) In prescribing test dates pursuant to division (C)(4) 149
of this section, the board shall, to the greatest extent 150
practicable, provide options to school districts in the case of 151
tests administered under that division to eleventh and twelfth 152
grade students and in the case of tests administered to students 154
pursuant to division (C)(2) of section 3301.0711 of the Revised 157
Code. Such options shall include at least an opportunity for 159
school districts to give such tests outside of regular school 160
hours.
(E) In prescribing test dates pursuant to this section, 162
the state board of education shall designate the dates in such a 163
way as to allow a reasonable length of time between the 164
administration of tests prescribed under this section and any 165
administration of the National Assessment of Education Progress 167
Test given to students in the same grade level pursuant to 168
section 3301.27 of the Revised Code. 169
Sec. 3301.0711. (A) The department of education shall: 178
(1) Annually furnish, grade, and score all tests required 180
by section 3301.0710 of the Revised Code to city, local, and 181
exempted village school districts; 182
(2) Adopt rules for the ethical use of tests and 184
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prescribing the manner in which the tests prescribed by section 185
3301.0710 of the Revised Code shall be administered to students. 186
(B) Except as provided in divisions (C) and (J)(2) of this 188
section, the board of education of each city, local, and exempted 189
village school district shall, in accordance with rules adopted 190
under division (A) of this section: 191
(1) Administer the test prescribed under division (A)(1) 193
of section 3301.0710 of the Revised Code to measure skill in 194
reading as follows:
(a) For students entering fourth grade in school years 197
that start prior to July 1, 2001, at least once annually to all 198
students in the fourth grade; 199
(b) For students entering fourth grade beginning with the 202
school year that starts July 1, 2001, twice annually to all 204
students in the fourth grade who have not attained the score
designated for that test under division (A)(1) of section 205
3301.0710 of the Revised Code and once each summer to students 207
receiving summer remediation services under division (B)(3) of 208
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1) 210
of section 3301.0710 of the Revised Code to measure skill in 211
writing, mathematics, science, and citizenship at least once 212
annually to all students in the fourth grade. 213
(3) Administer the tests prescribed under division (A)(2) 216
of section 3301.0710 of the Revised Code at least once annually 217
to all students in the sixth grade. 218
(4) Administer any tests prescribed under division (A)(3) 220
of section 3301.0710 of the Revised Code at least once annually 221
to any student in the twelfth grade who, on all the tests 222
prescribed under division (B) of that section, has attained the 223
applicable scores designated under such division prior to the 224
first day of January of that year. 225
(5) Administer any test prescribed under division (B) of 227
section 3301.0710 of the Revised Code as follows: 228
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(a) At least once annually, subsequent to the fifteenth 231
day of March, to all tenth grade students and at least twice 232
annually to all students in eleventh or twelfth grade who have 234
not yet attained the score on that test designated under that 235
division;
(b) To any person who has successfully completed the 237
curriculum in any high school or the individualized education 238
program developed for the person by any high school pursuant to 239
section 3323.08 of the Revised Code but has not received a high 240
school diploma and who requests to take such test, at any time 241
such test is administered in the district. 242
(C)(1) Any student receiving special education services 244
under Chapter 3323. of the Revised Code shall be excused from 245
taking any particular test required to be administered under this 246
section if the individualized education program developed for the 247
student pursuant to section 3323.08 of the Revised Code excuses 248
the student from taking that test. In the case of any student so 249
excused from taking a test, the school district board of 250
education shall not prohibit the student from taking the test. 252
Any student enrolled in a chartered nonpublic school who has been 253
identified, based on an evaluation conducted in accordance with 254
section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as 255
amended, as a child with a disability shall be excused from 256
taking any particular test required to be administered under this 257
section if a plan developed for the student pursuant to rules 258
adopted by the state board excuses the student from taking that 259
test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student 260
from taking the test. 261
(2) A district board may, for medical reasons or other 263
good cause, excuse a student from taking a test administered 264
under this section on the date scheduled, but any such test shall 265
be administered to such excused student not later than fifteen 266
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NINE days following the scheduled date. The board shall annually 267
report the number of students who have not taken one or more of 268
the tests required by this section to the state board of 269
education not later than the thirtieth day of June. 271
(3) As used in this division, "English-limited student" 273
means a student whose primary language is not English and who has 275
been enrolled in United States schools for less than two full 276
school years.
No English-limited student shall be required to take any 278
test administered under this section. However, no district board 280
or governing authority of a chartered nonpublic school shall 281
prohibit an English-limited student from taking a test. 282
(D) In the school year next succeeding the school year in 285
which the tests prescribed by division (A)(1) of section 286
3301.0710 of the Revised Code are administered to any student, 287
the board of education of any school district in which the 288
student is enrolled in that year shall provide intervention 289
services to the student in any skill in which the student failed 290
on those tests to demonstrate at least fourth-grade levels of 291
literacy and basic competency. This division does not apply to 292
any student receiving services pursuant to an individualized 293
education program developed for the student pursuant to section 294
3323.08 of the Revised Code. 295
(E) Except as provided in section 3313.608 of the Revised 297
Code and division (M) of this section, no school district board 299
of education shall permit any student to be denied promotion to a 300
higher grade level solely because of the student's failure to 301
attain a specified score on any test administered under this 302
section. However, a district board may choose not to promote to 303
the next grade level any student who does not take any 304
proficiency test administered under this section or make up such
test as provided by division (C)(2) of this section and who is 305
not exempted from the requirement to take the test under division 306
(C)(1) or (3) of this section. 307
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(F) No person shall be charged a fee for taking any test 309
administered under this section. 310
(G) Not later than sixty days after any administration of 312
any test prescribed by section 3301.0710 of the Revised Code, the 313
department shall send to each school district board a list of the 314
individual test scores of all persons taking the test. 315
(H) Individual test scores on any tests administered under 317
this section shall be released by a district board only in 318
accordance with section 3319.321 of the Revised Code and the 319
rules adopted under division (A) of this section. No district 320
board or its employees shall utilize individual or aggregate test 321
results in any manner that conflicts with rules for the ethical 322
use of tests adopted pursuant to division (A) of this section. 323
(I) Except as provided in division (G) of this section, 325
the department shall not release any individual test scores on 326
any test administered under this section and shall adopt rules to 327
ensure the protection of student confidentiality at all times. 328
(J) Notwithstanding division (D) of section 3311.19 and 330
division (D) of section 3311.52 of the Revised Code, this section 331
does not apply to the board of education of any joint vocational 332
or cooperative education school district except as provided under 333
rules adopted pursuant to this division. 334
(1) In accordance with rules that the state board of 336
education shall adopt, the board of education of any city, 337
exempted village, or local school district with territory in a 338
joint vocational school district or a cooperative education 339
school district established pursuant to divisions (A) to (C) of 340
section 3311.52 of the Revised Code may enter into an agreement 341
with the board of education of the joint vocational or 342
cooperative education school district for administering any test 343
prescribed under this section to students of the city, exempted 344
village, or local school district who are attending school in the 345
joint vocational or cooperative education school district. 346
(2) In accordance with rules that the state board of 348
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education shall adopt, the board of education of any city, 349
exempted village, or local school district with territory in a 350
cooperative education school district established pursuant to 351
section 3311.521 of the Revised Code shall enter into an 352
agreement with the cooperative district that provides for the 353
administration of any test prescribed under this section to both 354
of the following: 355
(a) Students who are attending school in the cooperative 357
district and who, if the cooperative district were not 358
established, would be entitled to attend school in the city, 359
local, or exempted village school district pursuant to section 360
3313.64 or 3313.65 of the Revised Code; 361
(b) Persons described in division (B)(5)(b) of this 363
section. 364
Any testing of students pursuant to such an agreement shall 366
be in lieu of any testing of such students or persons pursuant to 367
this section. 368
(K)(1) Any chartered nonpublic school may participate in 370
the testing program by administering any of the tests prescribed 371
by section 3301.0710 of the Revised Code if the chief 372
administrator of the school specifies which tests the school 373
wishes to administer. Such specification shall be made in 374
writing to the superintendent of public instruction prior to the 375
first day of August of any school year in which tests are 376
administered and shall include a pledge that the nonpublic school 377
will administer the specified tests in the same manner as public 378
schools are required to do under this section and rules adopted 379
by the department. 380
(2) The department of education shall furnish the tests 382
prescribed by section 3301.0710 of the Revised Code to any 383
chartered nonpublic school electing to participate under this 384
division. 385
(L)(1) Except as provided in division (L)(3) of this 387
section, the superintendent of the state school for the blind and 388
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the superintendent of the state school for the deaf shall 389
administer the tests described by section 3301.0710 of the 390
Revised Code. Each superintendent shall administer the tests in 391
the same manner as district boards are required to do under this 392
section and rules adopted by the department of education. 393
(2) The department of education shall furnish the tests 395
described by section 3301.0710 of the Revised Code to each 396
superintendent. 397
(3) Any student enrolled in the state school for the blind 399
or the state school for the deaf shall be excused from taking any 400
particular test required to be administered under division (L)(1) 401
of this section if the individualized education program developed 402
for the student pursuant to section 3323.08 of the Revised Code 403
excuses the student from taking that test. In the case of any 404
student so excused from taking a test, the superintendent of the 405
school shall not prohibit the student from taking the test. 406
(M) Notwithstanding division (E) of this section, 408
beginning July 1, 1999, a school district may retain any student 411
for an additional year in such student's current grade level if
such student has failed to attain the designated scores on three 413
or more of the five tests described by division (A)(1) or (2) of 414
section 3301.0710 of the Revised Code. 415
This division does not supersede the requirements of 417
section 3313.608 of the Revised Code. 418
(N)(1) All proficiency tests required by section 3301.0710 421
of the Revised Code shall become public records pursuant to
section 149.43 of the Revised Code on the first day of July 423
following the school year that the test was administered. 424
(2) The department may field test proposed proficiency 426
test questions with samples of students to determine the 427
validity, reliability, or appropriateness of test questions for 428
possible inclusion in a future year's proficiency test.
Field test questions shall not be considered in computing 430
test scores for individual students. Field test questions may be 431
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included as part of the administration of any proficiency test 432
required by section 3301.0710 of the Revised Code. 433
(3) Any field test question administered under division 435
(N)(2) of this section shall not be a public record. Such field 436
test questions shall be redacted from any proficiency tests which 437
are released as a public record pursuant to division (N)(1) of 438
this section. 439
Sec. 3301.17. The board of education of each city, 448
exempted village, local, and joint vocational school district may 449
make a driver education course available to high school students 450
enrolled in the district in accordance with rules adopted by the 451
state board of education. No school district making such a 452
course available shall require any pupil to enroll in the course 453
in lieu of taking a training course from a commercial driver 454
training school licensed under Chapter 4508. of the Revised Code. 455
The department of education may contract for the use of public 456
school and educational service center governing board facilities 458
to provide technical assistance for driver education courses 459
where practicable or may provide such assistance at facilities 460
established and operated by the department under the supervision 461
of transportation coordinators.
The principal of each high school shall annually give 464
written notice to the pupils enrolled in the high school that 465
they may elect, under a procedure that shall be described in the 466
notice, to take a training course from a licensed commercial 467
driver training school or, if available, enroll in a driver 468
education course made available by the pupil's school district of 469
attendance.
Sec. 4508.01. As used in sections 4508.01 to 4508.07, 478
inclusive, of the Revised Code THIS CHAPTER: 479
(A) "Commercial BEGINNING driver" MEANS ANY PERSON BEING 482
TRAINED TO DRIVE A PARTICULAR MOTOR VEHICLE WHO HAS NOT BEEN 483
PREVIOUSLY LICENSED TO DRIVE THAT MOTOR VEHICLE BY ANY STATE OR 484
COUNTRY.
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(B) "DISABLED PERSON" MEANS A PERSON WHO, IN THE OPINION 486
OF THE REGISTRAR OF MOTOR VEHICLES, IS AFFLICTED WITH OR 487
SUFFERING FROM A PHYSICAL OR MENTAL DISABILITY OR DISEASE THAT 488
PREVENTS THE PERSON, IN THE ABSENCE OF SPECIAL TRAINING OR 489
EQUIPMENT, FROM EXERCISING REASONABLE AND ORDINARY CONTROL OVER A 490
MOTOR VEHICLE WHILE OPERATING THE VEHICLE UPON THE HIGHWAYS. 491
"DISABLED PERSON" DOES NOT MEAN ANY PERSON WHO IS OR HAS BEEN 492
SUBJECT TO ANY CONDITION RESULTING IN EPISODIC IMPAIRMENT OF 493
CONSCIOUSNESS OR LOSS OF MUSCULAR CONTROL AND WHOSE CONDITION, IN 494
THE OPINION OF THE REGISTRAR, IS DORMANT OR IS SUFFICIENTLY UNDER 495
MEDICAL CONTROL THAT THE PERSON IS CAPABLE OF EXERCISING 496
REASONABLE AND ORDINARY CONTROL OVER A MOTOR VEHICLE. 497
(C) "DRIVER training school" or "school" means a BOTH OF 500
THE FOLLOWING: 501
(1) A business enterprise conducted by an individual, 504
association, partnership, or corporation, for the education and 505
training of persons, either practically or theoretically, or 507
both, to operate or drive motor vehicles, THAT USES PUBLIC 508
STREETS OR HIGHWAYS TO PROVIDE TRAINING, and charging THAT 509
CHARGES a consideration or tuition for such services; 510
(2) A LEAD SCHOOL DISTRICT AS PROVIDED IN SECTION 4508.09 512
OF THE REVISED CODE. 513
(B)(D) "Instructor" means any person, whether acting for 516
himself SELF as operator of a commercial driver training school 517
or for such a school for compensation, who teaches, conducts 519
classes of, gives demonstrations to, or supervises practice of, 520
persons learning to operate or drive motor vehicles. 521
(E) "LEAD SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, 524
INCLUDING A JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE 526
DEPARTMENT OF EDUCATION AS EITHER A VOCATIONAL EDUCATION PLANNING
DISTRICT ITSELF OR AS RESPONSIBLE FOR PROVIDING PRIMARY 528
VOCATIONAL EDUCATION LEADERSHIP WITHIN A VOCATIONAL EDUCATION 529
PLANNING DISTRICT THAT IS COMPOSED OF A GROUP OF DISTRICTS. A 530
"VOCATIONAL EDUCATION PLANNING DISTRICT" IS A SCHOOL DISTRICT OR 531
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GROUP OF SCHOOL DISTRICTS DESIGNATED BY THE DEPARTMENT AS 532
RESPONSIBLE FOR PLANNING AND PROVIDING VOCATIONAL EDUCATION 533
SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP OF DISTRICTS. 534
Sec. 4508.02. (A) The director of public safety, subject 543
to Chapter 119. of the Revised Code, shall adopt and prescribe 544
such rules concerning the administration and enforcement of 545
sections 4508.01 to 4508.08 of the Revised Code THIS CHAPTER as 547
are necessary to protect the public. The director shall inspect 548
the school facilities and equipment of applicants and licensees 549
and examine applicants for instructor's licenses. 550
(B) The director shall administer and enforce sections 552
4508.01 to 4508.08 of the Revised Code THIS CHAPTER, and may call 554
upon the state superintendent of public instruction for 556
assistance in developing and formulating the rules FOR TRAINING 557
BEGINNING DRIVERS. The
(C) THE rules shall require twenty-four hours of classroom 559
instruction, and eight hours of actual behind-the-wheel 560
instruction conducted on public streets and highways of this 561
state FOR ALL BEGINNING DRIVERS OF NONCOMMERCIAL MOTOR VEHICLES 562
WHO ARE UNDER AGE EIGHTEEN. 563
(D) THE RULES SHALL STATE THE MINIMUM HOURS FOR CLASSROOM 565
AND BEHIND-THE-WHEEL INSTRUCTION REQUIRED FOR BEGINNING DRIVERS 566
OF COMMERCIAL TRUCKS, COMMERCIAL CARS, BUSES, AND COMMERCIAL 567
TRACTORS, TRAILERS, AND SEMI-TRAILERS. 568
Sec. 4508.03. (A) No commercial driver training school 577
shall be established nor any such existing school continued 578
unless the school applies for and obtains from the director of 579
public safety a license in the manner and form prescribed by the 580
director. 581
The rules shall state the requirements for a school 583
license, including requirements concerning location, equipment, 584
courses of instruction, instructors, previous records of the 585
school and instructors, financial statements, schedule of fees 586
and charges, character and reputation of the operators, insurance 587
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in such sum and with such provisions as the director considers 588
necessary to protect adequately the interests of the public, and 589
such other matters as the director may prescribe for the 590
protection of the public. The rules also shall require financial 591
responsibility information as part of the driver education 592
curriculum.
(B) Any school that offers a driver training program for 594
handicapped DISABLED persons shall provide specially trained 595
instructors for the driver training of such persons. No school 597
shall operate a driver training program for handicapped DISABLED 598
persons after June 30, 1978, unless it has been licensed for such 600
operation by the director. No person shall act as a specially 601
trained instructor in a driver training program for handicapped 602
DISABLED persons operated by a school after June 30, 1978, unless 604
that person has been licensed by the director. 605
(C) The director may arrange with state universities to 607
provide driver training of handicapped persons and training of 608
driving instructors for handicapped persons. 609
(D) As used in this section, "handicapped" means having 611
lost the use of one or both legs, one or both arms, or any 612
combination thereof, or being deaf or so severely disabled as to 613
be unable to move about without the aid of crutches or a 614
wheelchair SHALL CERTIFY INSTRUCTORS TO TEACH DRIVER TRAINING TO 615
DISABLED PERSONS IN ACCORDANCE WITH TRAINING PROGRAM REQUIREMENTS 616
ESTABLISHED BY THE DEPARTMENT OF PUBLIC SAFETY. 617
Sec. 4508.04. No person shall act as a driver training 626
instructor and on and after June 30, 1978, no person shall act as 627
a driver training instructor for handicapped DISABLED persons 628
unless such person applies for and obtains from the director of 630
public safety a license in the manner and form prescribed by the
director. The director shall provide by rule for instructors' 631
license requirements including moral character, physical 632
condition, knowledge of the courses of instruction, motor vehicle 633
laws and safety principles, previous personal and employment 634
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records, and such other matters as the director may prescribe for 635
the protection of the public. Driver training instructors for
the handicapped DISABLED PERSONS shall meet such additional 636
requirements and receive such additional classroom and practical 638
instruction as the director shall prescribe by rule. 639
Sec. 4508.05. All licenses shall expire on the last day of 648
the calendar year and may be renewed upon application to the 649
director of public safety as prescribed by his regulations IN 650
RULES ADOPTED BY THE DIRECTOR. Each application for an original 651
or SCHOOL LICENSE SHALL BE ACCOMPANIED BY A FEE OF TWO HUNDRED 652
FIFTY DOLLARS, AND EACH APPLICATION FOR A renewal school license 654
shall be accompanied by a fee of fifty dollars, and each. EACH 655
application for an original or INSTRUCTOR'S LICENSE SHALL BE 656
ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS, AND EACH APPLICATION 657
FOR A renewal instructor's license shall be accompanied by a fee 659
of ten dollars. Such fees shall be payable to the treasurer of 660
state and credited to the state highway safety fund established
in section 4501.06 of the Revised Code. No license fees shall be 661
refunded in the event any license is rejected, suspended, or 662
revoked.
Sec. 4508.06. The director of public safety may refuse to 671
issue, or may suspend or revoke a license in any case where he 672
THE DIRECTOR finds the applicant or licensee has violated any of 673
the provisions of sections 4508.01 to 4508.07 of the Revised Code 674
THIS CHAPTER, or the regulations adopted by the director. A 675
suspended or revoked license shall be returned to the director by 676
the licensee.
Sec. 4508.09. (A) A LEAD SCHOOL DISTRICT MAY APPLY FOR A 679
DRIVER TRAINING SCHOOL LICENSE FOR THE PURPOSE OF PROVIDING 680
INSTRUCTION AND TRAINING TO INDIVIDUALS OTHER THAN REGULARLY 681
ENROLLED, FULL-TIME HIGH SCHOOL STUDENTS IN THE OPERATION OF 682
TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 683
SEMI-TRAILERS. EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 684
SECTION, UPON THE DISTRICT'S COMPLIANCE WITH ALL PROVISIONS THAT 686
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GOVERN THE ISSUANCE OF A LICENSE TO A DRIVER TRAINING SCHOOL TO 687
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 688
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND
SEMI-TRAILERS, THE DIRECTOR OF PUBLIC SAFETY SHALL ISSUE A 689
LICENSE TO THE DISTRICT IN THE FORM AND MANNER THE DIRECTOR 691
PRESCRIBES. UPON THE ISSUANCE OF THE LICENSE, THE DISTRICT MAY
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 693
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 694
SEMI-TRAILERS AND MAY CHARGE AND RETAIN A FEE FOR THAT 695
INSTRUCTION AND TRAINING.
(B) THE DIRECTOR SHALL ISSUE A NEW LICENSE TO A LEAD 697
SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION IF THE 698
DISTRICT COMPLIES WITH ALL PROVISIONS THAT GOVERN THE ISSUANCE OF 699
A LICENSE TO A DRIVER TRAINING SCHOOL TO OFFER INSTRUCTION AND 701
TRAINING IN THE OPERATION OF TRUCKS, COMMERCIAL CARS, AND 702
COMMERCIAL TRACTORS, TRAILERS, AND SEMI-TRAILERS OTHER THAN ANY 704
PROVISION OF A RULE REQUIRING INSURANCE COVERAGE. IF A DISTRICT 705
COMPLIES WITH ALL PROVISIONS GOVERNING THE ISSUANCE OF A LICENSE 706
OTHER THAN THE INSURANCE COVERAGE PROVISIONS, THE DIRECTOR SHALL 707
ISSUE THE NEW LICENSE ON THE CONDITION THAT THE DISTRICT OBTAIN 708
THE REQUIRED INSURANCE COVERAGE AND SUBMIT PROOF OF THE INSURANCE 709
COVERAGE TO THE DIRECTOR NOT LATER THAN SIXTY DAYS AFTER THE DATE 710
OF ISSUANCE OF THE LICENSE. 711
Section 2. That existing sections 3301.0710, 3301.0711, 713
3301.17, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 714
of the Revised Code are hereby repealed. 715
Section 3. An educational institution that, on the 717
effective date of this act, is acting as a driver training school 718
licensed under Chapter 4508. of the Revised Code shall retain its 719
license and be eligible to renew its license so long as the 720
educational institution meets all the requirements for retaining 721
and renewing its license.
Section 4. That Section 4.18 of Am. Sub. H.B. 282 of the 723
123rd General Assembly be amended to read as follows: 724
17
"Sec. 4.18. OhioReads Grants 726
Of the foregoing appropriation item 200-566, OhioReads 728
Grants, $20,000,000 each year shall be disbursed by the OhioReads 730
Office in the Department of Education at the direction of the 731
OhioReads Council, to provide classroom grants to public schools 732
in city, local, and exempted village school districts; community 733
schools; and educational service centers serving kindergarten 734
through fourth grade students. 735
Of the foregoing appropriation item 200-566, OhioReads 737
Grants, $5,000,000 each year shall be disbursed by the OhioReads 738
Office in the Department of Education at the direction of the 739
OhioReads Council, to provide community matching grants to 741
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 742
involvement.
Grants awarded by the OhioReads Council are intended to 744
improve reading outcomes, especially on the fourth grade reading 745
proficiency test.
School Improvement Incentive Grants 747
Of the foregoing appropriation item 200-570, School 749
Improvement Incentive Grants, $2,000,000 in each fiscal year 750
shall be used to provide grants of $25,000 per building for 752
improvements in reading performance based on selection criteria 753
developed by the OhioReads Council.
Of the foregoing appropriation items ITEM 200-570, School 755
Improvement Incentive Grants, $6,500,000 in each fiscal year 756
shall be used to provide grants of $25,000 each to elementary 757
schools and $50,000 each to middle schools, junior high schools, 759
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 760
on standards developed by the Department of Education. 761
Of the foregoing appropriation item 200-570, School 763
Improvement Incentive Grants, $500,000 in each fiscal year shall 764
be used to provide grants of $50,000 each to educational service 766
18
centers and joint vocational school districts for exemplary 767
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 768
on standards developed by the Department of Education. 769
Of the foregoing appropriation item 200-570, School 771
Improvement Incentive Grants, $1,000,000 in each fiscal year 772
shall be used to provide grants of $25,000 each to schools 774
selected for superior performance by BEST, Building Excellent 775
Schools for Today and the 21st Century. 776
Teacher Incentive Grants 778
The foregoing appropriation item 200-572, Teacher Incentive 780
Grants, shall be used by the Department of Education to pay 781
one-time stipends to qualified teachers of reading, mathematics, 782
and science. To be eligible, teacher applicants must hold a 783
valid teaching certificate; be employed by a city, local, 784
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 785
for teachers with a reading, mathematics, or science credential. 786
Individuals with an elementary school teaching certificate 788
that successfully complete a program for a reading endorsement, 789
and who successfully complete the examination prescribed by the 790
State Board of Education, shall be paid a stipend of $1,000. 791
Individuals with a AN ELEMENTARY OR high school teaching 792
certificate that successfully complete a program required to add 793
mathematics or science to that certificate, and who successfully 794
complete the mathematics or science examination prescribed by the 795
State Board of Education, shall be paid a stipend of $1,500. The 796
variance in stipend amounts reflects the variance in requirements 797
to secure the different credentials.
Character Education 799
Of the foregoing appropriation item 200-573, Character 801
Education, up to $50,000 in each fiscal year shall be used to 802
develop, produce, or otherwise obtain a distance learning 803
program, a video presentation, or other method of offering 804
19
instruction in character education to multiple school districts. 805
The program, presentation, or other method of instruction shall 806
be made available to all school districts. 807
The remainder of appropriation item 200-573, Character 809
Education, shall be used by the Department of Education to 811
provide matching grants of up to $50,000 each to school districts 812
to develop pilot character education programs.
Substance Abuse Prevention 814
Of the foregoing appropriation item 200-574, Substance 816
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 817
$2,120,000 in fiscal year 2001 shall be used for the Safe and 818
Drug Free Schools Coordinators Program. Of the foregoing 819
appropriation item 200-574, Substance Abuse Prevention, up to 820
$300,000 in each fiscal year of the biennium shall be used for 821
the Substance Abuse Prevention Student Assistance Program. The 822
Department of Education and the Department of Alcohol and Drug 823
Addiction Services shall jointly develop and approve a plan for 824
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 825
for safe and drug free schools coordinators. Safe and drug free 827
schools coordinators shall possess or be in the process of 828
obtaining credentials issued by the Ohio Credentialing Board for 829
Chemical Dependency Professionals or other credentials recognized 830
by that board.
12th Grade Proficiency Stipend 832
The foregoing appropriation item 200-575, 12th Grade 834
Proficiency Stipend, shall be used to fund a $500 scholarship to 835
each student who meets the requirements of section 3365.15 of the 836
Revised Code.
Within thirty days of the effective date of this section, 838
the Director of Budget and Management shall transfer the 839
appropriation for this program to the Ohio Board of Regents for 840
its administration.
River Valley School Environmental Issues 842
20
The foregoing appropriation item 200-580, River Valley 844
School Environmental Issues, shall be used to assist with costs 845
arising from environmental assessment and clean-up of potential 846
environmental contamination of school facilities of the River 847
Valley Local School District.
Auxiliary Services Mobile Repair 849
Notwithstanding section 3317.064 of the Revised Code, if 851
the unobligated cash balance is sufficient, the Treasurer of 852
State shall transfer $1,500,000 in fiscal year 2000 within thirty 853
days of the effective date of this section and $1,500,000 in 854
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 855
Personnel Unemployment Compensation Fund to the Department of 856
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 857
Within 30 days after the effective date of this section, 859
the Superintendent of Public Instruction shall certify to the 860
Director of Budget and Management the amount of cash to be 861
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 862
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 864
The Department of Education shall not commit or spend any 866
moneys from appropriation item 200-625, Coordinated School 867
Health, or appropriation item 200-668, AIDS Education, for 868
activities in preparation for or during the 1999-2000 school year 870
or for the 2000-2001 school year until the General Assembly has 871
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 872
the Senate votes on a concurrent resolution approving program 873
plans, its standing committee having principal jurisdiction over 874
primary and secondary education legislation shall conduct at 875
least one public hearing on the program plans. Tobacco use 876
prevention programs and dental health programs are exempt from
these requirements." 877
Section 5. That existing Section 4.18 of Am. Sub. H.B. 282 879
of the 123rd General Assembly is hereby repealed. 880