As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 237 5
1999-2000 6
SENATORS CUPP-FURNEY-SCHAFRATH-KEARNS-PRENTISS- 7
GARDNER-DRAKE-MUMPER-CARNES-DiDONATO 8
_________________________________________________________________ 10
A B I L L
To amend sections 3301.0710, 3301.0711, 3301.17, and 12
4508.01 to 4508.06 and to enact section 4508.09 13
of the Revised Code and to amend Section 4.18 of 14
Am. Sub. H.B. 282 of the 123rd General Assembly
to permit certain school districts to be licensed 15
as driver training schools to instruct and train 16
students other than regularly enrolled, full-time 17
students in the operation of trucks, commercial
cars, and commercial tractors, trailers, and 18
semi-trailers; to make other changes in the laws 19
governing driver training schools; to revise the 20
guidelines for scheduling the state proficiency
tests; and to qualify teachers with elementary 21
school certificates for the math and science 22
teacher incentive grants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 3301.0710, 3301.0711, 3301.17, 26
4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 be 27
amended and section 4508.09 of the Revised Code be enacted to 28
read as follows:
Sec. 3301.0710. The state board of education shall adopt 37
rules establishing a statewide program to test student 38
proficiency for the purpose of ensuring that students who receive 39
a high school diploma demonstrate at least high school levels of 41
proficiency in reading, writing, mathematics, science, and 42
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citizenship. In order to determine this proficiency, the minimum 43
standards shall be appropriate for tenth grade proficiency level
in each of the specified areas. 44
(A)(1) The state board shall prescribe five statewide 46
proficiency tests, one each designed to measure skill in reading, 47
writing, mathematics, science, and citizenship, and shall 48
determine and designate the score on each such test that shall be 49
deemed to demonstrate that any student attaining such score has 50
achieved at least a fourth grade level of proficiency in the 51
measured skill. 52
(2) The state board shall prescribe five statewide 55
proficiency tests, one each designed to measure skill in reading, 56
writing, mathematics, science, and citizenship, and determine and 57
designate the score on each such test that is deemed to 58
demonstrate that any student attaining such score has achieved at 59
least a sixth grade level of proficiency in the measured skill. 60
(3) The state board shall prescribe five statewide 62
proficiency tests, one each designed to measure skill in reading, 63
writing, mathematics, science, and citizenship, and shall 64
determine and designate the score on each such test that shall be 65
deemed to demonstrate that any student attaining such score has 66
achieved at least a twelfth grade level of proficiency in the 67
measured skill. 68
(B) The state board shall prescribe five statewide high 70
school proficiency tests, one each designed to measure skill in 71
reading, writing, mathematics, science, and citizenship, and 72
shall determine and designate the score on each such test that 73
shall be deemed to demonstrate that any student attaining such 74
score has achieved at least the level of proficiency in the 75
measured skill appropriate for tenth grade. 77
The state board may enter into a reciprocal agreement with 79
the appropriate body or agency of any other state that has 80
similar statewide proficiency testing requirements for receiving 81
high school diplomas, under which any student who has met a 82
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proficiency testing requirement of one state is recognized as 83
having met the similar proficiency testing requirement of the 84
other state for purposes of receiving a high school diploma. For 85
purposes of this section and sections 3301.0711 and 3313.61 of 86
the Revised Code, any student enrolled in any public high school 87
in this state and who has met a proficiency testing requirement 88
specified in a reciprocal agreement entered into under this 89
division shall be deemed to have attained at least the applicable 90
score designated under this division on each test required by 91
this division that is specified in the agreement. 92
(C) The state board shall annually designate as follows 94
the dates on which the tests prescribed under this section shall 95
be administered: 96
(1) For the test prescribed under division (A)(1) of this 99
section to measure skill in reading, as follows: 100
(a) For students entering fourth grade in school years 103
that start prior to July 1, 2001, the same dates prescribed under 104
division (C)(2) of this section for the tests prescribed under 105
division (A)(1) of this section to measure skill in writing, 106
mathematics, science, and citizenship; 107
(b) For students entering fourth grade beginning with the 110
school year that starts July 1, 2001: 111
(i) One date prior to the thirty-first day of December 114
each school year; 115
(ii) Any dates prescribed under division (C)(2) of this 118
section for the tests prescribed under division (A)(1) of this 119
section to measure skill in writing, mathematics, science, and 120
citizenship;
(iii) One date during the summer for students receiving 123
summer remediation services under division (B)(3) of section 124
3313.608 of the Revised Code. 126
(2) For the tests prescribed under division (A)(1) of this 130
section to measure skill in writing, mathematics, science, and
citizenship and the tests prescribed under division (A)(2) of 132
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this section, at least one date subsequent to OF EACH SCHOOL YEAR 133
THAT IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the 134
fifteenth day of March of each school year;
(3) For the tests prescribed under division (A)(3) of this 136
section, at least one date subsequent to the thirty-first day of 137
December but prior to the thirty-first day of March of each 138
school year; 139
(4) For the tests prescribed under division (B) of this 141
section, at least one date subsequent to the fifteenth day of 142
March of each school year for all tenth grade students and at 143
least one date prior to the thirty-first day of December and at 145
least one date subsequent to that date but prior to the 146
thirty-first day of March of each school year for eleventh and
twelfth grade students. 147
(D) In prescribing test dates pursuant to division (C)(4) 150
of this section, the board shall, to the greatest extent 151
practicable, provide options to school districts in the case of 152
tests administered under that division to eleventh and twelfth 153
grade students and in the case of tests administered to students 155
pursuant to division (C)(2) of section 3301.0711 of the Revised 158
Code. Such options shall include at least an opportunity for 160
school districts to give such tests outside of regular school 161
hours.
(E) In prescribing test dates pursuant to this section, 163
the state board of education shall designate the dates in such a 164
way as to allow a reasonable length of time between the 165
administration of tests prescribed under this section and any 166
administration of the National Assessment of Education Progress 168
Test given to students in the same grade level pursuant to 169
section 3301.27 of the Revised Code. 170
Sec. 3301.0711. (A) The department of education shall: 179
(1) Annually furnish, grade, and score all tests required 181
by section 3301.0710 of the Revised Code to city, local, and 182
exempted village school districts; 183
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(2) Adopt rules for the ethical use of tests and 185
prescribing the manner in which the tests prescribed by section 186
3301.0710 of the Revised Code shall be administered to students. 187
(B) Except as provided in divisions (C) and (J)(2) of this 189
section, the board of education of each city, local, and exempted 190
village school district shall, in accordance with rules adopted 191
under division (A) of this section: 192
(1) Administer the test prescribed under division (A)(1) 194
of section 3301.0710 of the Revised Code to measure skill in 195
reading as follows:
(a) For students entering fourth grade in school years 198
that start prior to July 1, 2001, at least once annually to all 199
students in the fourth grade; 200
(b) For students entering fourth grade beginning with the 203
school year that starts July 1, 2001, twice annually to all 205
students in the fourth grade who have not attained the score
designated for that test under division (A)(1) of section 206
3301.0710 of the Revised Code and once each summer to students 208
receiving summer remediation services under division (B)(3) of 209
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1) 211
of section 3301.0710 of the Revised Code to measure skill in 212
writing, mathematics, science, and citizenship at least once 213
annually to all students in the fourth grade. 214
(3) Administer the tests prescribed under division (A)(2) 217
of section 3301.0710 of the Revised Code at least once annually 218
to all students in the sixth grade. 219
(4) Administer any tests prescribed under division (A)(3) 221
of section 3301.0710 of the Revised Code at least once annually 222
to any student in the twelfth grade who, on all the tests 223
prescribed under division (B) of that section, has attained the 224
applicable scores designated under such division prior to the 225
first day of January of that year. 226
(5) Administer any test prescribed under division (B) of 228
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section 3301.0710 of the Revised Code as follows: 229
(a) At least once annually, subsequent to the fifteenth 232
day of March, to all tenth grade students and at least twice 233
annually to all students in eleventh or twelfth grade who have 235
not yet attained the score on that test designated under that 236
division;
(b) To any person who has successfully completed the 238
curriculum in any high school or the individualized education 239
program developed for the person by any high school pursuant to 240
section 3323.08 of the Revised Code but has not received a high 241
school diploma and who requests to take such test, at any time 242
such test is administered in the district. 243
(C)(1) Any student receiving special education services 245
under Chapter 3323. of the Revised Code shall be excused from 246
taking any particular test required to be administered under this 247
section if the individualized education program developed for the 248
student pursuant to section 3323.08 of the Revised Code excuses 249
the student from taking that test. In the case of any student so 250
excused from taking a test, the school district board of 251
education shall not prohibit the student from taking the test. 253
Any student enrolled in a chartered nonpublic school who has been 254
identified, based on an evaluation conducted in accordance with 255
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 256
amended, as a child with a disability shall be excused from 257
taking any particular test required to be administered under this 258
section if a plan developed for the student pursuant to rules 259
adopted by the state board excuses the student from taking that 260
test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student 261
from taking the test. 262
(2) A district board may, for medical reasons or other 264
good cause, excuse a student from taking a test administered 265
under this section on the date scheduled, but any such test shall 266
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be administered to such excused student not later than fifteen 267
NINE days following the scheduled date. The board shall annually 268
report the number of students who have not taken one or more of 269
the tests required by this section to the state board of 270
education not later than the thirtieth day of June. 272
(3) As used in this division, "English-limited student" 274
means a student whose primary language is not English and who has 276
been enrolled in United States schools for less than two full 277
school years.
No English-limited student shall be required to take any 279
test administered under this section. However, no district board 281
or governing authority of a chartered nonpublic school shall 282
prohibit an English-limited student from taking a test. 283
(D) In the school year next succeeding the school year in 286
which the tests prescribed by division (A)(1) of section 287
3301.0710 of the Revised Code are administered to any student, 288
the board of education of any school district in which the 289
student is enrolled in that year shall provide intervention 290
services to the student in any skill in which the student failed 291
on those tests to demonstrate at least fourth-grade levels of 292
literacy and basic competency. This division does not apply to 293
any student receiving services pursuant to an individualized 294
education program developed for the student pursuant to section 295
3323.08 of the Revised Code. 296
(E) Except as provided in section 3313.608 of the Revised 298
Code and division (M) of this section, no school district board 300
of education shall permit any student to be denied promotion to a 301
higher grade level solely because of the student's failure to 302
attain a specified score on any test administered under this 303
section. However, a district board may choose not to promote to 304
the next grade level any student who does not take any 305
proficiency test administered under this section or make up such
test as provided by division (C)(2) of this section and who is 306
not exempted from the requirement to take the test under division 307
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(C)(1) or (3) of this section. 308
(F) No person shall be charged a fee for taking any test 310
administered under this section. 311
(G) Not later than sixty days after any administration of 313
any test prescribed by section 3301.0710 of the Revised Code, the 314
department shall send to each school district board a list of the 315
individual test scores of all persons taking the test. 316
(H) Individual test scores on any tests administered under 318
this section shall be released by a district board only in 319
accordance with section 3319.321 of the Revised Code and the 320
rules adopted under division (A) of this section. No district 321
board or its employees shall utilize individual or aggregate test 322
results in any manner that conflicts with rules for the ethical 323
use of tests adopted pursuant to division (A) of this section. 324
(I) Except as provided in division (G) of this section, 326
the department shall not release any individual test scores on 327
any test administered under this section and shall adopt rules to 328
ensure the protection of student confidentiality at all times. 329
(J) Notwithstanding division (D) of section 3311.19 and 331
division (D) of section 3311.52 of the Revised Code, this section 332
does not apply to the board of education of any joint vocational 333
or cooperative education school district except as provided under 334
rules adopted pursuant to this division. 335
(1) In accordance with rules that the state board of 337
education shall adopt, the board of education of any city, 338
exempted village, or local school district with territory in a 339
joint vocational school district or a cooperative education 340
school district established pursuant to divisions (A) to (C) of 341
section 3311.52 of the Revised Code may enter into an agreement 342
with the board of education of the joint vocational or 343
cooperative education school district for administering any test 344
prescribed under this section to students of the city, exempted 345
village, or local school district who are attending school in the 346
joint vocational or cooperative education school district. 347
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(2) In accordance with rules that the state board of 349
education shall adopt, the board of education of any city, 350
exempted village, or local school district with territory in a 351
cooperative education school district established pursuant to 352
section 3311.521 of the Revised Code shall enter into an 353
agreement with the cooperative district that provides for the 354
administration of any test prescribed under this section to both 355
of the following: 356
(a) Students who are attending school in the cooperative 358
district and who, if the cooperative district were not 359
established, would be entitled to attend school in the city, 360
local, or exempted village school district pursuant to section 361
3313.64 or 3313.65 of the Revised Code; 362
(b) Persons described in division (B)(5)(b) of this 364
section. 365
Any testing of students pursuant to such an agreement shall 367
be in lieu of any testing of such students or persons pursuant to 368
this section. 369
(K)(1) Any chartered nonpublic school may participate in 371
the testing program by administering any of the tests prescribed 372
by section 3301.0710 of the Revised Code if the chief 373
administrator of the school specifies which tests the school 374
wishes to administer. Such specification shall be made in 375
writing to the superintendent of public instruction prior to the 376
first day of August of any school year in which tests are 377
administered and shall include a pledge that the nonpublic school 378
will administer the specified tests in the same manner as public 379
schools are required to do under this section and rules adopted 380
by the department. 381
(2) The department of education shall furnish the tests 383
prescribed by section 3301.0710 of the Revised Code to any 384
chartered nonpublic school electing to participate under this 385
division. 386
(L)(1) Except as provided in division (L)(3) of this 388
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section, the superintendent of the state school for the blind and 389
the superintendent of the state school for the deaf shall 390
administer the tests described by section 3301.0710 of the 391
Revised Code. Each superintendent shall administer the tests in 392
the same manner as district boards are required to do under this 393
section and rules adopted by the department of education. 394
(2) The department of education shall furnish the tests 396
described by section 3301.0710 of the Revised Code to each 397
superintendent. 398
(3) Any student enrolled in the state school for the blind 400
or the state school for the deaf shall be excused from taking any 401
particular test required to be administered under division (L)(1) 402
of this section if the individualized education program developed 403
for the student pursuant to section 3323.08 of the Revised Code 404
excuses the student from taking that test. In the case of any 405
student so excused from taking a test, the superintendent of the 406
school shall not prohibit the student from taking the test. 407
(M) Notwithstanding division (E) of this section, 409
beginning July 1, 1999, a school district may retain any student 412
for an additional year in such student's current grade level if
such student has failed to attain the designated scores on three 414
or more of the five tests described by division (A)(1) or (2) of 415
section 3301.0710 of the Revised Code. 416
This division does not supersede the requirements of 418
section 3313.608 of the Revised Code. 419
(N)(1) All proficiency tests required by section 3301.0710 422
of the Revised Code shall become public records pursuant to
section 149.43 of the Revised Code on the first day of July 424
following the school year that the test was administered. 425
(2) The department may field test proposed proficiency 427
test questions with samples of students to determine the 428
validity, reliability, or appropriateness of test questions for 429
possible inclusion in a future year's proficiency test.
Field test questions shall not be considered in computing 431
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test scores for individual students. Field test questions may be 432
included as part of the administration of any proficiency test 433
required by section 3301.0710 of the Revised Code. 434
(3) Any field test question administered under division 436
(N)(2) of this section shall not be a public record. Such field 437
test questions shall be redacted from any proficiency tests which 438
are released as a public record pursuant to division (N)(1) of 439
this section. 440
Sec. 3301.17. The board of education of each city, 449
exempted village, local, and joint vocational school district may 450
make a driver education course available to high school students 451
enrolled in the district in accordance with rules adopted by the 452
state board of education. No school district making such a 453
course available shall require any pupil to enroll in the course 454
in lieu of taking a training course from a commercial driver 455
training school licensed under Chapter 4508. of the Revised Code. 456
The department of education may contract for the use of public 457
school and educational service center governing board facilities 459
to provide technical assistance for driver education courses 460
where practicable or may provide such assistance at facilities 461
established and operated by the department under the supervision 462
of transportation coordinators.
The principal of each high school shall annually give 465
written notice to the pupils enrolled in the high school that 466
they may elect, under a procedure that shall be described in the 467
notice, to take a training course from a licensed commercial 468
driver training school or, if available, enroll in a driver 469
education course made available by the pupil's school district of 470
attendance.
Sec. 4508.01. As used in sections 4508.01 to 4508.07, 479
inclusive, of the Revised Code THIS CHAPTER: 480
(A) "Commercial BEGINNING driver" MEANS ANY PERSON BEING 483
TRAINED TO DRIVE A PARTICULAR MOTOR VEHICLE WHO HAS NOT BEEN 484
PREVIOUSLY LICENSED TO DRIVE THAT MOTOR VEHICLE BY ANY STATE OR 485
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COUNTRY.
(B) "DISABLED PERSON" MEANS A PERSON WHO, IN THE OPINION 487
OF THE REGISTRAR OF MOTOR VEHICLES, IS AFFLICTED WITH OR 488
SUFFERING FROM A PHYSICAL OR MENTAL DISABILITY OR DISEASE THAT 489
PREVENTS THE PERSON, IN THE ABSENCE OF SPECIAL TRAINING OR 490
EQUIPMENT, FROM EXERCISING REASONABLE AND ORDINARY CONTROL OVER A 491
MOTOR VEHICLE WHILE OPERATING THE VEHICLE UPON THE HIGHWAYS. 492
"DISABLED PERSON" DOES NOT MEAN ANY PERSON WHO IS OR HAS BEEN 493
SUBJECT TO ANY CONDITION RESULTING IN EPISODIC IMPAIRMENT OF 494
CONSCIOUSNESS OR LOSS OF MUSCULAR CONTROL AND WHOSE CONDITION, IN 495
THE OPINION OF THE REGISTRAR, IS DORMANT OR IS SUFFICIENTLY UNDER 496
MEDICAL CONTROL THAT THE PERSON IS CAPABLE OF EXERCISING 497
REASONABLE AND ORDINARY CONTROL OVER A MOTOR VEHICLE. 498
(C) "DRIVER training school" or "school" means a BOTH OF 501
THE FOLLOWING: 502
(1) A business enterprise conducted by an individual, 505
association, partnership, or corporation, for the education and 506
training of persons, either practically or theoretically, or 508
both, to operate or drive motor vehicles, THAT USES PUBLIC 509
STREETS OR HIGHWAYS TO PROVIDE TRAINING, and charging THAT 510
CHARGES a consideration or tuition for such services; 511
(2) A LEAD SCHOOL DISTRICT AS PROVIDED IN SECTION 4508.09 513
OF THE REVISED CODE. 514
(B)(D) "Instructor" means any person, whether acting for 517
himself SELF as operator of a commercial driver training school 518
or for such a school for compensation, who teaches, conducts 520
classes of, gives demonstrations to, or supervises practice of, 521
persons learning to operate or drive motor vehicles. 522
(E) "LEAD SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, 525
INCLUDING A JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE 527
DEPARTMENT OF EDUCATION AS EITHER A VOCATIONAL EDUCATION PLANNING
DISTRICT ITSELF OR AS RESPONSIBLE FOR PROVIDING PRIMARY 529
VOCATIONAL EDUCATION LEADERSHIP WITHIN A VOCATIONAL EDUCATION 530
PLANNING DISTRICT THAT IS COMPOSED OF A GROUP OF DISTRICTS. A 531
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"VOCATIONAL EDUCATION PLANNING DISTRICT" IS A SCHOOL DISTRICT OR 532
GROUP OF SCHOOL DISTRICTS DESIGNATED BY THE DEPARTMENT AS 533
RESPONSIBLE FOR PLANNING AND PROVIDING VOCATIONAL EDUCATION 534
SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP OF DISTRICTS. 535
Sec. 4508.02. (A) The director of public safety, subject 544
to Chapter 119. of the Revised Code, shall adopt and prescribe 545
such rules concerning the administration and enforcement of 546
sections 4508.01 to 4508.08 of the Revised Code THIS CHAPTER as 548
are necessary to protect the public. The director shall inspect 549
the school facilities and equipment of applicants and licensees 550
and examine applicants for instructor's licenses. 551
(B) The director shall administer and enforce sections 553
4508.01 to 4508.08 of the Revised Code THIS CHAPTER, and may call 555
upon the state superintendent of public instruction for 557
assistance in developing and formulating the rules FOR TRAINING 558
BEGINNING DRIVERS. The
(C) THE rules shall require twenty-four hours of classroom 560
instruction, and eight hours of actual behind-the-wheel 561
instruction conducted on public streets and highways of this 562
state FOR ALL BEGINNING DRIVERS OF NONCOMMERCIAL MOTOR VEHICLES 563
WHO ARE UNDER AGE EIGHTEEN. 564
(D) THE RULES SHALL STATE THE MINIMUM HOURS FOR CLASSROOM 566
AND BEHIND-THE-WHEEL INSTRUCTION REQUIRED FOR BEGINNING DRIVERS 567
OF COMMERCIAL TRUCKS, COMMERCIAL CARS, BUSES, AND COMMERCIAL 568
TRACTORS, TRAILERS, AND SEMI-TRAILERS. 569
Sec. 4508.03. (A) No commercial driver training school 578
shall be established nor any such existing school continued 579
unless the school applies for and obtains from the director of 580
public safety a license in the manner and form prescribed by the 581
director. 582
The rules shall state the requirements for a school 584
license, including requirements concerning location, equipment, 585
courses of instruction, instructors, previous records of the 586
school and instructors, financial statements, schedule of fees 587
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and charges, character and reputation of the operators, insurance 588
in such sum and with such provisions as the director considers 589
necessary to protect adequately the interests of the public, and 590
such other matters as the director may prescribe for the 591
protection of the public. The rules also shall require financial 592
responsibility information as part of the driver education 593
curriculum.
(B) Any school that offers a driver training program for 595
handicapped DISABLED persons shall provide specially trained 596
instructors for the driver training of such persons. No school 598
shall operate a driver training program for handicapped DISABLED 599
persons after June 30, 1978, unless it has been licensed for such 601
operation by the director. No person shall act as a specially 602
trained instructor in a driver training program for handicapped 603
DISABLED persons operated by a school after June 30, 1978, unless 605
that person has been licensed by the director. 606
(C) The director may arrange with state universities to 608
provide driver training of handicapped persons and training of 609
driving instructors for handicapped persons. 610
(D) As used in this section, "handicapped" means having 612
lost the use of one or both legs, one or both arms, or any 613
combination thereof, or being deaf or so severely disabled as to 614
be unable to move about without the aid of crutches or a 615
wheelchair SHALL CERTIFY INSTRUCTORS TO TEACH DRIVER TRAINING TO 616
DISABLED PERSONS IN ACCORDANCE WITH TRAINING PROGRAM REQUIREMENTS 617
ESTABLISHED BY THE DEPARTMENT OF PUBLIC SAFETY. 618
Sec. 4508.04. No person shall act as a driver training 627
instructor and on and after June 30, 1978, no person shall act as 628
a driver training instructor for handicapped DISABLED persons 629
unless such person applies for and obtains from the director of 631
public safety a license in the manner and form prescribed by the
director. The director shall provide by rule for instructors' 632
license requirements including moral character, physical 633
condition, knowledge of the courses of instruction, motor vehicle 634
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laws and safety principles, previous personal and employment 635
records, and such other matters as the director may prescribe for 636
the protection of the public. Driver training instructors for
the handicapped DISABLED PERSONS shall meet such additional 637
requirements and receive such additional classroom and practical 639
instruction as the director shall prescribe by rule. 640
Sec. 4508.05. All licenses shall expire on the last day of 649
the calendar year and may be renewed upon application to the 650
director of public safety as prescribed by his regulations IN 651
RULES ADOPTED BY THE DIRECTOR. Each application for an original 652
or SCHOOL LICENSE SHALL BE ACCOMPANIED BY A FEE OF TWO HUNDRED 653
FIFTY DOLLARS, AND EACH APPLICATION FOR A renewal school license 655
shall be accompanied by a fee of fifty dollars, and each. EACH 656
application for an original or INSTRUCTOR'S LICENSE SHALL BE 657
ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS, AND EACH APPLICATION 658
FOR A renewal instructor's license shall be accompanied by a fee 660
of ten dollars. Such fees shall be payable to the treasurer of 661
state and credited to the state highway safety fund established
in section 4501.06 of the Revised Code. No license fees shall be 662
refunded in the event any license is rejected, suspended, or 663
revoked.
Sec. 4508.06. The director of public safety may refuse to 672
issue, or may suspend or revoke a license in any case where he 673
THE DIRECTOR finds the applicant or licensee has violated any of 674
the provisions of sections 4508.01 to 4508.07 of the Revised Code 675
THIS CHAPTER, or the regulations adopted by the director. A 676
suspended or revoked license shall be returned to the director by 677
the licensee.
Sec. 4508.09. (A) A LEAD SCHOOL DISTRICT MAY APPLY FOR A 680
DRIVER TRAINING SCHOOL LICENSE FOR THE PURPOSE OF PROVIDING 681
INSTRUCTION AND TRAINING TO INDIVIDUALS OTHER THAN REGULARLY 682
ENROLLED, FULL-TIME HIGH SCHOOL STUDENTS IN THE OPERATION OF 683
TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 684
SEMI-TRAILERS. EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 685
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SECTION, UPON THE DISTRICT'S COMPLIANCE WITH ALL PROVISIONS THAT 687
GOVERN THE ISSUANCE OF A LICENSE TO A DRIVER TRAINING SCHOOL TO 688
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 689
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND
SEMI-TRAILERS, THE DIRECTOR OF PUBLIC SAFETY SHALL ISSUE A 690
LICENSE TO THE DISTRICT IN THE FORM AND MANNER THE DIRECTOR 692
PRESCRIBES. UPON THE ISSUANCE OF THE LICENSE, THE DISTRICT MAY
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 694
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 695
SEMI-TRAILERS AND MAY CHARGE AND RETAIN A FEE FOR THAT 696
INSTRUCTION AND TRAINING.
(B) THE DIRECTOR SHALL ISSUE A NEW LICENSE TO A LEAD 698
SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION IF THE 699
DISTRICT COMPLIES WITH ALL PROVISIONS THAT GOVERN THE ISSUANCE OF 700
A LICENSE TO A DRIVER TRAINING SCHOOL TO OFFER INSTRUCTION AND 702
TRAINING IN THE OPERATION OF TRUCKS, COMMERCIAL CARS, AND 703
COMMERCIAL TRACTORS, TRAILERS, AND SEMI-TRAILERS OTHER THAN ANY 705
PROVISION OF A RULE REQUIRING INSURANCE COVERAGE. IF A DISTRICT 706
COMPLIES WITH ALL PROVISIONS GOVERNING THE ISSUANCE OF A LICENSE 707
OTHER THAN THE INSURANCE COVERAGE PROVISIONS, THE DIRECTOR SHALL 708
ISSUE THE NEW LICENSE ON THE CONDITION THAT THE DISTRICT OBTAIN 709
THE REQUIRED INSURANCE COVERAGE AND SUBMIT PROOF OF THE INSURANCE 710
COVERAGE TO THE DIRECTOR NOT LATER THAN SIXTY DAYS AFTER THE DATE 711
OF ISSUANCE OF THE LICENSE. 712
Section 2. That existing sections 3301.0710, 3301.0711, 714
3301.17, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 715
of the Revised Code are hereby repealed. 716
Section 3. An educational institution that, on the 718
effective date of this act, is acting as a driver training school 719
licensed under Chapter 4508. of the Revised Code shall retain its 720
license and be eligible to renew its license so long as the 721
educational institution meets all the requirements for retaining 722
and renewing its license.
Section 4. That Section 4.18 of Am. Sub. H.B. 282 of the 724
17
123rd General Assembly be amended to read as follows: 725
"Sec. 4.18. OhioReads Grants 727
Of the foregoing appropriation item 200-566, OhioReads 729
Grants, $20,000,000 each year shall be disbursed by the OhioReads 731
Office in the Department of Education at the direction of the 732
OhioReads Council, to provide classroom grants to public schools 733
in city, local, and exempted village school districts; community 734
schools; and educational service centers serving kindergarten 735
through fourth grade students. 736
Of the foregoing appropriation item 200-566, OhioReads 738
Grants, $5,000,000 each year shall be disbursed by the OhioReads 739
Office in the Department of Education at the direction of the 740
OhioReads Council, to provide community matching grants to 742
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 743
involvement.
Grants awarded by the OhioReads Council are intended to 745
improve reading outcomes, especially on the fourth grade reading 746
proficiency test.
School Improvement Incentive Grants 748
Of the foregoing appropriation item 200-570, School 750
Improvement Incentive Grants, $2,000,000 in each fiscal year 751
shall be used to provide grants of $25,000 per building for 753
improvements in reading performance based on selection criteria 754
developed by the OhioReads Council.
Of the foregoing appropriation items ITEM 200-570, School 756
Improvement Incentive Grants, $6,500,000 in each fiscal year 757
shall be used to provide grants of $25,000 each to elementary 758
schools and $50,000 each to middle schools, junior high schools, 760
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 761
on standards developed by the Department of Education. 762
Of the foregoing appropriation item 200-570, School 764
Improvement Incentive Grants, $500,000 in each fiscal year shall 765
18
be used to provide grants of $50,000 each to educational service 767
centers and joint vocational school districts for exemplary 768
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 769
on standards developed by the Department of Education. 770
Of the foregoing appropriation item 200-570, School 772
Improvement Incentive Grants, $1,000,000 in each fiscal year 773
shall be used to provide grants of $25,000 each to schools 775
selected for superior performance by BEST, Building Excellent 776
Schools for Today and the 21st Century. 777
Teacher Incentive Grants 779
The foregoing appropriation item 200-572, Teacher Incentive 781
Grants, shall be used by the Department of Education to pay 782
one-time stipends to qualified teachers of reading, mathematics, 783
and science. To be eligible, teacher applicants must hold a 784
valid teaching certificate; be employed by a city, local, 785
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 786
for teachers with a reading, mathematics, or science credential. 787
Individuals with an elementary school teaching certificate 789
that successfully complete a program for a reading endorsement, 790
and who successfully complete the examination prescribed by the 791
State Board of Education, shall be paid a stipend of $1,000. 792
Individuals with a AN ELEMENTARY OR high school teaching 793
certificate that successfully complete a program required to add 794
mathematics or science to that certificate, and who successfully 795
complete the mathematics or science examination prescribed by the 796
State Board of Education, shall be paid a stipend of $1,500. The 797
variance in stipend amounts reflects the variance in requirements 798
to secure the different credentials.
Character Education 800
Of the foregoing appropriation item 200-573, Character 802
Education, up to $50,000 in each fiscal year shall be used to 803
develop, produce, or otherwise obtain a distance learning 804
19
program, a video presentation, or other method of offering 805
instruction in character education to multiple school districts. 806
The program, presentation, or other method of instruction shall 807
be made available to all school districts. 808
The remainder of appropriation item 200-573, Character 810
Education, shall be used by the Department of Education to 812
provide matching grants of up to $50,000 each to school districts 813
to develop pilot character education programs.
Substance Abuse Prevention 815
Of the foregoing appropriation item 200-574, Substance 817
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 818
$2,120,000 in fiscal year 2001 shall be used for the Safe and 819
Drug Free Schools Coordinators Program. Of the foregoing 820
appropriation item 200-574, Substance Abuse Prevention, up to 821
$300,000 in each fiscal year of the biennium shall be used for 822
the Substance Abuse Prevention Student Assistance Program. The 823
Department of Education and the Department of Alcohol and Drug 824
Addiction Services shall jointly develop and approve a plan for 825
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 826
for safe and drug free schools coordinators. Safe and drug free 828
schools coordinators shall possess or be in the process of 829
obtaining credentials issued by the Ohio Credentialing Board for 830
Chemical Dependency Professionals or other credentials recognized 831
by that board.
12th Grade Proficiency Stipend 833
The foregoing appropriation item 200-575, 12th Grade 835
Proficiency Stipend, shall be used to fund a $500 scholarship to 836
each student who meets the requirements of section 3365.15 of the 837
Revised Code.
Within thirty days of the effective date of this section, 839
the Director of Budget and Management shall transfer the 840
appropriation for this program to the Ohio Board of Regents for 841
its administration.
20
River Valley School Environmental Issues 843
The foregoing appropriation item 200-580, River Valley 845
School Environmental Issues, shall be used to assist with costs 846
arising from environmental assessment and clean-up of potential 847
environmental contamination of school facilities of the River 848
Valley Local School District.
Auxiliary Services Mobile Repair 850
Notwithstanding section 3317.064 of the Revised Code, if 852
the unobligated cash balance is sufficient, the Treasurer of 853
State shall transfer $1,500,000 in fiscal year 2000 within thirty 854
days of the effective date of this section and $1,500,000 in 855
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 856
Personnel Unemployment Compensation Fund to the Department of 857
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 858
Within 30 days after the effective date of this section, 860
the Superintendent of Public Instruction shall certify to the 861
Director of Budget and Management the amount of cash to be 862
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 863
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 865
The Department of Education shall not commit or spend any 867
moneys from appropriation item 200-625, Coordinated School 868
Health, or appropriation item 200-668, AIDS Education, for 869
activities in preparation for or during the 1999-2000 school year 871
or for the 2000-2001 school year until the General Assembly has 872
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 873
the Senate votes on a concurrent resolution approving program 874
plans, its standing committee having principal jurisdiction over 875
primary and secondary education legislation shall conduct at 876
least one public hearing on the program plans. Tobacco use 877
prevention programs and dental health programs are exempt from
these requirements." 878
Section 5. That existing Section 4.18 of Am. Sub. H.B. 282 880
21
of the 123rd General Assembly is hereby repealed. 881