As Re-Reported by House Education Committee             1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 237  5            

      1999-2000                                                    6            


         SENATORS CUPP-FURNEY-SCHAFRATH-KEARNS-PRENTISS-           8            

              GARDNER-DRAKE-MUMPER-CARNES-DiDONATO-                10           

                 REPRESENTATIVES BRADING-HARRIS                                 


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3301.0710, 3301.0711, 3301.17, and  13           

                4508.01 to 4508.06 and to enact section 4508.09    14           

                of the Revised Code and to amend Section 4.18 of   15           

                Am. Sub. H.B. 282 of the 123rd General Assembly                 

                to permit certain school districts to be licensed  16           

                as driver training schools to instruct and train   17           

                students other than regularly enrolled, full-time  18           

                students in the operation of trucks, commercial                 

                cars, and commercial tractors, trailers, and       19           

                semi-trailers; to make other changes in the laws   20           

                governing driver training schools; to revise the   21           

                guidelines for scheduling the state proficiency                 

                tests; to qualify teachers with elementary school  22           

                certificates for the math and science teacher      23           

                incentive grants; and to declare an emergency.                  




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 3301.0710, 3301.0711, 3301.17,     27           

4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 be        28           

amended and section 4508.09 of the Revised Code be enacted to      29           

read as follows:                                                                

      Sec. 3301.0710.  The state board of education shall adopt    38           

rules establishing a statewide program to test student             39           

proficiency for the purpose of ensuring that students who receive  40           

a high school diploma demonstrate at least high school levels of   42           

                                                          2      


                                                                 
proficiency in reading, writing, mathematics, science, and         43           

citizenship.  In order to determine this proficiency, the minimum  44           

standards shall be appropriate for tenth grade proficiency level                

in each of the specified areas.                                    45           

      (A)(1)  The state board shall prescribe five statewide       47           

proficiency tests, one each designed to measure skill in reading,  48           

writing, mathematics, science, and citizenship, and shall          49           

determine and designate the score on each such test that shall be  50           

deemed to demonstrate that any student attaining such score has    51           

achieved at least a fourth grade level of proficiency in the       52           

measured skill.                                                    53           

      (2)  The state board shall prescribe five statewide          56           

proficiency tests, one each designed to measure skill in reading,  57           

writing, mathematics, science, and citizenship, and determine and  58           

designate the score on each such test that is deemed to            59           

demonstrate that any student attaining such score has achieved at  60           

least a sixth grade level of proficiency in the measured skill.    61           

      (3)  The state board shall prescribe five statewide          63           

proficiency tests, one each designed to measure skill in reading,  64           

writing, mathematics, science, and citizenship, and shall          65           

determine and designate the score on each such test that shall be  66           

deemed to demonstrate that any student attaining such score has    67           

achieved at least a twelfth grade level of proficiency in the      68           

measured skill.                                                    69           

      (B)  The state board shall prescribe five statewide high     71           

school proficiency tests, one each designed to measure skill in    72           

reading, writing, mathematics, science, and citizenship, and       73           

shall determine and designate the score on each such test that     74           

shall be deemed to demonstrate that any student attaining such     75           

score has achieved at least the level of proficiency in the        76           

measured skill appropriate for tenth grade.                        78           

      The state board may enter into a reciprocal agreement with   80           

the appropriate body or agency of any other state that has         81           

similar statewide proficiency testing requirements for receiving   82           

                                                          3      


                                                                 
high school diplomas, under which any student who has met a        83           

proficiency testing requirement of one state is recognized as      84           

having met the similar proficiency testing requirement of the      85           

other state for purposes of receiving a high school diploma.  For  86           

purposes of this section and sections 3301.0711 and 3313.61 of     87           

the Revised Code, any student enrolled in any public high school   88           

in this state and who has met a proficiency testing requirement    89           

specified in a reciprocal agreement entered into under this        90           

division shall be deemed to have attained at least the applicable  91           

score designated under this division on each test required by      92           

this division that is specified in the agreement.                  93           

      (C)  The state board shall annually designate as follows     95           

the dates on which the tests prescribed under this section shall   96           

be administered:                                                   97           

      (1)  For the test prescribed under division (A)(1) of this   100          

section to measure skill in reading, as follows:                   101          

      (a)  For students entering fourth grade in school years      104          

that start prior to July 1, 2001, the same dates prescribed under  105          

division (C)(2) of this section for the tests prescribed under     106          

division (A)(1) of this section to measure skill in writing,       107          

mathematics, science, and citizenship;                             108          

      (b)  For students entering fourth grade beginning with the   111          

school year that starts July 1, 2001:                              112          

      (i)  One date prior to the thirty-first day of December      115          

each school year;                                                  116          

      (ii)  Any dates prescribed under division (C)(2) of this     119          

section for the tests prescribed under division (A)(1) of this     120          

section to measure skill in writing, mathematics, science, and     121          

citizenship;                                                                    

      (iii)  One date during the summer for students receiving     124          

summer remediation services under division (B)(3) of section       125          

3313.608 of the Revised Code.                                      127          

      (2)  For the tests prescribed under division (A)(1) of this  131          

section to measure skill in writing, mathematics, science, and                  

                                                          4      


                                                                 
citizenship and the tests prescribed under division (A)(2) of      133          

this section, at least one date subsequent to OF EACH SCHOOL YEAR  134          

THAT IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the         135          

fifteenth day of March of each school year;                                     

      (3)  For the tests prescribed under division (A)(3) of this  137          

section, at least one date subsequent to the thirty-first day of   138          

December but prior to the thirty-first day of March of each        139          

school year;                                                       140          

      (4)  For the tests prescribed under division (B) of this     142          

section, at least one date subsequent to IN EACH SCHOOL YEAR THAT  143          

IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the fifteenth    144          

day of March of each school year for all tenth grade students and  146          

at least one date prior to the thirty-first day of December and    148          

at least one date subsequent to that date but prior to the         149          

thirty-first day of March of each school year for eleventh and                  

twelfth grade students.                                            150          

      (D)  In prescribing test dates pursuant to division (C)(4)   153          

of this section, the board shall, to the greatest extent           154          

practicable, provide options to school districts in the case of    155          

tests administered under that division to eleventh and twelfth     156          

grade students and in the case of tests administered to students   158          

pursuant to division (C)(2) of section 3301.0711 of the Revised    161          

Code.  Such options shall include at least an opportunity for      163          

school districts to give such tests outside of regular school      164          

hours.                                                                          

      (E)  In prescribing test dates pursuant to this section,     166          

the state board of education shall designate the dates in such a   167          

way as to allow a reasonable length of time between the            168          

administration of tests prescribed under this section and any      169          

administration of the National Assessment of Education Progress    171          

Test given to students in the same grade level pursuant to         172          

section 3301.27 of the Revised Code.                               173          

      Sec. 3301.0711.  (A)  The department of education shall:     182          

      (1)  Annually furnish, grade, and score all tests required   184          

                                                          5      


                                                                 
by section 3301.0710 of the Revised Code to city, local, and       185          

exempted village school districts;                                 186          

      (2)  Adopt rules for the ethical use of tests and            188          

prescribing the manner in which the tests prescribed by section    189          

3301.0710 of the Revised Code shall be administered to students.   190          

      (B)  Except as provided in divisions (C) and (J)(2) of this  192          

section, the board of education of each city, local, and exempted  193          

village school district shall, in accordance with rules adopted    194          

under division (A) of this section:                                195          

      (1)  Administer the test prescribed under division (A)(1)    197          

of section 3301.0710 of the Revised Code to measure skill in       198          

reading as follows:                                                             

      (a)  For students entering fourth grade in school years      201          

that start prior to July 1, 2001, at least once annually to all    202          

students in the fourth grade;                                      203          

      (b)  For students entering fourth grade beginning with the   206          

school year that starts July 1, 2001, twice annually to all        208          

students in the fourth grade who have not attained the score                    

designated for that test under division (A)(1) of section          209          

3301.0710 of the Revised Code and once each summer to students     211          

receiving summer remediation services under division (B)(3) of     212          

section 3313.608 of the Revised Code.                                           

      (2)  Administer the tests prescribed under division (A)(1)   214          

of section 3301.0710 of the Revised Code to measure skill in       215          

writing, mathematics, science, and citizenship at least once       216          

annually to all students in the fourth grade.                      217          

      (3)  Administer the tests prescribed under division (A)(2)   220          

of section 3301.0710 of the Revised Code at least once annually    221          

to all students in the sixth grade.                                222          

      (4)  Administer any tests prescribed under division (A)(3)   224          

of section 3301.0710 of the Revised Code at least once annually    225          

to any student in the twelfth grade who, on all the tests          226          

prescribed under division (B) of that section, has attained the    227          

applicable scores designated under such division prior to the      228          

                                                          6      


                                                                 
first day of January of that year.                                 229          

      (5)  Administer any test prescribed under division (B) of    231          

section 3301.0710 of the Revised Code as follows:                  232          

      (a)  At least once annually, subsequent to the fifteenth     235          

day of March, to all tenth grade students and at least twice       237          

annually to all students in eleventh or twelfth grade who have     239          

not yet attained the score on that test designated under that      240          

division;                                                                       

      (b)  To any person who has successfully completed the        242          

curriculum in any high school or the individualized education      243          

program developed for the person by any high school pursuant to    244          

section 3323.08 of the Revised Code but has not received a high    245          

school diploma and who requests to take such test, at any time     246          

such test is administered in the district.                         247          

      (C)(1)  Any student receiving special education services     249          

under Chapter 3323. of the Revised Code shall be excused from      250          

taking any particular test required to be administered under this  251          

section if the individualized education program developed for the  252          

student pursuant to section 3323.08 of the Revised Code excuses    253          

the student from taking that test.  In the case of any student so  254          

excused from taking a test, the school district board of           255          

education shall not prohibit the student from taking the test.     257          

Any student enrolled in a chartered nonpublic school who has been  258          

identified, based on an evaluation conducted in accordance with    259          

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    260          

amended, as a child with a disability shall be excused from        261          

taking any particular test required to be administered under this  262          

section if a plan developed for the student pursuant to rules      263          

adopted by the state board excuses the student from taking that    264          

test.  In the case of any student so excused from taking a test,                

the chartered nonpublic school shall not prohibit the student      265          

from taking the test.                                              266          

      (2)  A district board may, for medical reasons or other      268          

                                                          7      


                                                                 
good cause, excuse a student from taking a test administered       269          

under this section on the date scheduled, but any such test shall  270          

be administered to such excused student not later than fifteen     271          

NINE days following the scheduled date.  The board shall annually  272          

report the number of students who have not taken one or more of    273          

the tests required by this section to the state board of           274          

education not later than the thirtieth day of June.                276          

      (3)  As used in this division, "English-limited student"     278          

means a student whose primary language is not English and who has  280          

been enrolled in United States schools for less than two full      281          

school years.                                                                   

      No English-limited student shall be required to take any     283          

test administered under this section.  However, no district board  285          

or governing authority of a chartered nonpublic school shall       286          

prohibit an English-limited student from taking a test.            287          

      (D)  In the school year next succeeding the school year in   290          

which the tests prescribed by division (A)(1) of section           291          

3301.0710 of the Revised Code are administered to any student,     292          

the board of education of any school district in which the         293          

student is enrolled in that year shall provide intervention        294          

services to the student in any skill in which the student failed   295          

on those tests to demonstrate at least fourth-grade levels of      296          

literacy and basic competency.  This division does not apply to    297          

any student receiving services pursuant to an individualized       298          

education program developed for the student pursuant to section    299          

3323.08 of the Revised Code.                                       300          

      (E)  Except as provided in section 3313.608 of the Revised   302          

Code and division (M) of this section, no school district board    304          

of education shall permit any student to be denied promotion to a  305          

higher grade level solely because of the student's failure to      306          

attain a specified score on any test administered under this       307          

section.  However, a district board may choose not to promote to   308          

the next grade level any student who does not take any             309          

proficiency test administered under this section or make up such                

                                                          8      


                                                                 
test as provided by division (C)(2) of this section and who is     310          

not exempted from the requirement to take the test under division  311          

(C)(1) or (3) of this section.                                     312          

      (F)  No person shall be charged a fee for taking any test    314          

administered under this section.                                   315          

      (G)  Not later than sixty days after any administration of   317          

any test prescribed by section 3301.0710 of the Revised Code, the  318          

department shall send to each school district board a list of the  319          

individual test scores of all persons taking the test.             320          

      (H)  Individual test scores on any tests administered under  322          

this section shall be released by a district board only in         323          

accordance with section 3319.321 of the Revised Code and the       324          

rules adopted under division (A) of this section.  No district     325          

board or its employees shall utilize individual or aggregate test  326          

results in any manner that conflicts with rules for the ethical    327          

use of tests adopted pursuant to division (A) of this section.     328          

      (I)  Except as provided in division (G) of this section,     330          

the department shall not release any individual test scores on     331          

any test administered under this section and shall adopt rules to  332          

ensure the protection of student confidentiality at all times.     333          

      (J)  Notwithstanding division (D) of section 3311.19 and     335          

division (D) of section 3311.52 of the Revised Code, this section  336          

does not apply to the board of education of any joint vocational   337          

or cooperative education school district except as provided under  338          

rules adopted pursuant to this division.                           339          

      (1)  In accordance with rules that the state board of        341          

education shall adopt, the board of education of any city,         342          

exempted village, or local school district with territory in a     343          

joint vocational school district or a cooperative education        344          

school district established pursuant to divisions (A) to (C) of    345          

section 3311.52 of the Revised Code may enter into an agreement    346          

with the board of education of the joint vocational or             347          

cooperative education school district for administering any test   348          

prescribed under this section to students of the city, exempted    349          

                                                          9      


                                                                 
village, or local school district who are attending school in the  350          

joint vocational or cooperative education school district.         351          

      (2)  In accordance with rules that the state board of        353          

education shall adopt, the board of education of any city,         354          

exempted village, or local school district with territory in a     355          

cooperative education school district established pursuant to      356          

section 3311.521 of the Revised Code shall enter into an           357          

agreement with the cooperative district that provides for the      358          

administration of any test prescribed under this section to both   359          

of the following:                                                  360          

      (a)  Students who are attending school in the cooperative    362          

district and who, if the cooperative district were not             363          

established, would be entitled to attend school in the city,       364          

local, or exempted village school district pursuant to section     365          

3313.64 or 3313.65 of the Revised Code;                            366          

      (b)  Persons described in division (B)(5)(b) of this         368          

section.                                                           369          

      Any testing of students pursuant to such an agreement shall  371          

be in lieu of any testing of such students or persons pursuant to  372          

this section.                                                      373          

      (K)(1)  Any chartered nonpublic school may participate in    375          

the testing program by administering any of the tests prescribed   376          

by section 3301.0710 of the Revised Code if the chief              377          

administrator of the school specifies which tests the school       378          

wishes to administer.  Such specification shall be made in         379          

writing to the superintendent of public instruction prior to the   380          

first day of August of any school year in which tests are          381          

administered and shall include a pledge that the nonpublic school  382          

will administer the specified tests in the same manner as public   383          

schools are required to do under this section and rules adopted    384          

by the department.                                                 385          

      (2)  The department of education shall furnish the tests     387          

prescribed by section 3301.0710 of the Revised Code to any         388          

chartered nonpublic school electing to participate under this      389          

                                                          10     


                                                                 
division.                                                          390          

      (L)(1)  Except as provided in division (L)(3) of this        392          

section, the superintendent of the state school for the blind and  393          

the superintendent of the state school for the deaf shall          394          

administer the tests described by section 3301.0710 of the         395          

Revised Code.  Each superintendent shall administer the tests in   396          

the same manner as district boards are required to do under this   397          

section and rules adopted by the department of education.          398          

      (2)  The department of education shall furnish the tests     400          

described by section 3301.0710 of the Revised Code to each         401          

superintendent.                                                    402          

      (3)  Any student enrolled in the state school for the blind  404          

or the state school for the deaf shall be excused from taking any  405          

particular test required to be administered under division (L)(1)  406          

of this section if the individualized education program developed  407          

for the student pursuant to section 3323.08 of the Revised Code    408          

excuses the student from taking that test.  In the case of any     409          

student so excused from taking a test, the superintendent of the   410          

school shall not prohibit the student from taking the test.        411          

      (M)  Notwithstanding division (E) of this section,           413          

beginning July 1, 1999, a school district may retain any student   416          

for an additional year in such student's current grade level if                 

such student has failed to attain the designated scores on three   418          

or more of the five tests described by division (A)(1) or (2) of   419          

section 3301.0710 of the Revised Code.                             420          

      This division does not supersede the requirements of         422          

section 3313.608 of the Revised Code.                              423          

      (N)(1)  All proficiency tests required by section 3301.0710  426          

of the Revised Code shall become public records pursuant to                     

section 149.43 of the Revised Code on the first day of July        428          

following the school year that the test was administered.          429          

      (2)  The department may field test proposed proficiency      431          

test questions with samples of students to determine the           432          

validity, reliability, or appropriateness of test questions for    433          

                                                          11     


                                                                 
possible inclusion in a future year's proficiency test.                         

      Field test questions shall not be considered in computing    435          

test scores for individual students.  Field test questions may be  436          

included as part of the administration of any proficiency test     437          

required by section 3301.0710 of the Revised Code.                 438          

      (3)  Any field test question administered under division     440          

(N)(2) of this section shall not be a public record.  Such field   441          

test questions shall be redacted from any proficiency tests which  442          

are released as a public record pursuant to division (N)(1) of     443          

this section.                                                      444          

      Sec. 3301.17.  The board of education of each city,          453          

exempted village, local, and joint vocational school district may  454          

make a driver education course available to high school students   455          

enrolled in the district in accordance with rules adopted by the   456          

state board of education.  No school district making such a        457          

course available shall require any pupil to enroll in the course   458          

in lieu of taking a training course from a commercial driver       459          

training school licensed under Chapter 4508. of the Revised Code.  460          

The department of education may contract for the use of public     461          

school and educational service center governing board facilities   463          

to provide technical assistance for driver education courses       464          

where practicable or may provide such assistance at facilities     465          

established and operated by the department under the supervision   466          

of transportation coordinators.                                                 

      The principal of each high school shall annually give        469          

written notice to the pupils enrolled in the high school that      470          

they may elect, under a procedure that shall be described in the   471          

notice, to take a training course from a licensed commercial       472          

driver training school or, if available, enroll in a driver        473          

education course made available by the pupil's school district of  474          

attendance.                                                                     

      Sec. 4508.01.  As used in sections 4508.01 to 4508.07,       483          

inclusive, of the Revised Code THIS CHAPTER:                       484          

      (A)  "Commercial BEGINNING driver" MEANS ANY PERSON BEING    487          

                                                          12     


                                                                 
TRAINED TO DRIVE A PARTICULAR MOTOR VEHICLE WHO HAS NOT BEEN       488          

PREVIOUSLY LICENSED TO DRIVE THAT MOTOR VEHICLE BY ANY STATE OR    489          

COUNTRY.                                                                        

      (B)  "DISABLED PERSON" MEANS A PERSON WHO, IN THE OPINION    491          

OF THE REGISTRAR OF MOTOR VEHICLES, IS AFFLICTED WITH OR           492          

SUFFERING FROM A PHYSICAL OR MENTAL DISABILITY OR DISEASE THAT     493          

PREVENTS THE PERSON, IN THE ABSENCE OF SPECIAL TRAINING OR         494          

EQUIPMENT, FROM EXERCISING REASONABLE AND ORDINARY CONTROL OVER A  495          

MOTOR VEHICLE WHILE OPERATING THE VEHICLE UPON THE HIGHWAYS.       496          

"DISABLED PERSON" DOES NOT MEAN ANY PERSON WHO IS OR HAS BEEN      497          

SUBJECT TO ANY CONDITION RESULTING IN EPISODIC IMPAIRMENT OF       498          

CONSCIOUSNESS OR LOSS OF MUSCULAR CONTROL AND WHOSE CONDITION, IN  499          

THE OPINION OF THE REGISTRAR, IS DORMANT OR IS SUFFICIENTLY UNDER  500          

MEDICAL CONTROL THAT THE PERSON IS CAPABLE OF EXERCISING           501          

REASONABLE AND ORDINARY CONTROL OVER A MOTOR VEHICLE.              502          

      (C)  "DRIVER training school" or "school" means a BOTH OF    505          

THE FOLLOWING:                                                     506          

      (1)  A business enterprise conducted by an individual,       509          

association, partnership, or corporation, for the education and    510          

training of persons, either practically or theoretically, or       512          

both, to operate or drive motor vehicles, THAT USES PUBLIC         513          

STREETS OR HIGHWAYS TO PROVIDE TRAINING, and charging THAT         514          

CHARGES a consideration or tuition for such services;              515          

      (2)  A LEAD SCHOOL DISTRICT AS PROVIDED IN SECTION 4508.09   517          

OF THE REVISED CODE.                                               518          

      (B)(D)  "Instructor" means any person, whether acting for    521          

himself SELF as operator of a commercial driver training school    522          

or for such a school for compensation, who teaches, conducts       524          

classes of, gives demonstrations to, or supervises practice of,    525          

persons learning to operate or drive motor vehicles.               526          

      (E)  "LEAD SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT,         529          

INCLUDING A JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE    531          

DEPARTMENT OF EDUCATION AS EITHER A VOCATIONAL EDUCATION PLANNING               

DISTRICT ITSELF OR AS RESPONSIBLE FOR PROVIDING PRIMARY            533          

                                                          13     


                                                                 
VOCATIONAL EDUCATION LEADERSHIP WITHIN A VOCATIONAL EDUCATION      534          

PLANNING DISTRICT THAT IS COMPOSED OF A GROUP OF DISTRICTS.  A     535          

"VOCATIONAL EDUCATION PLANNING DISTRICT" IS A SCHOOL DISTRICT OR   536          

GROUP OF SCHOOL DISTRICTS DESIGNATED BY THE DEPARTMENT AS          537          

RESPONSIBLE FOR PLANNING AND PROVIDING VOCATIONAL EDUCATION        538          

SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP OF DISTRICTS.    539          

      Sec. 4508.02.  (A)  The director of public safety, subject   548          

to Chapter 119. of the Revised Code, shall adopt and prescribe     549          

such rules concerning the administration and enforcement of        550          

sections 4508.01 to 4508.08 of the Revised Code THIS CHAPTER as    552          

are necessary to protect the public.  The director shall inspect   553          

the school facilities and equipment of applicants and licensees    554          

and examine applicants for instructor's licenses.                  555          

      (B)  The director shall administer and enforce sections      557          

4508.01 to 4508.08 of the Revised Code THIS CHAPTER, and may call  559          

upon the state superintendent of public instruction for            561          

assistance in developing and formulating the rules FOR TRAINING    562          

BEGINNING DRIVERS.  The                                                         

      (C)  THE rules shall require twenty-four hours of classroom  564          

instruction, and eight hours of actual behind-the-wheel            565          

instruction conducted on public streets and highways of this       566          

state FOR ALL BEGINNING DRIVERS OF NONCOMMERCIAL MOTOR VEHICLES    567          

WHO ARE UNDER AGE EIGHTEEN.                                        568          

      (D)  THE RULES SHALL STATE THE MINIMUM HOURS FOR CLASSROOM   570          

AND BEHIND-THE-WHEEL INSTRUCTION REQUIRED FOR BEGINNING DRIVERS    571          

OF COMMERCIAL TRUCKS, COMMERCIAL CARS, BUSES, AND COMMERCIAL       572          

TRACTORS, TRAILERS, AND SEMI-TRAILERS.                             573          

      Sec. 4508.03.  (A)  No commercial driver training school     582          

shall be established nor any such existing school continued        583          

unless the school applies for and obtains from the director of     584          

public safety a license in the manner and form prescribed by the   585          

director.                                                          586          

      The rules shall state the requirements for a school          588          

license, including requirements concerning location, equipment,    589          

                                                          14     


                                                                 
courses of instruction, instructors, previous records of the       590          

school and instructors, financial statements, schedule of fees     591          

and charges, character and reputation of the operators, insurance  592          

in such sum and with such provisions as the director considers     593          

necessary to protect adequately the interests of the public, and   594          

such other matters as the director may prescribe for the           595          

protection of the public.  The rules also shall require financial  596          

responsibility information as part of the driver education         597          

curriculum.                                                                     

      (B)  Any school that offers a driver training program for    599          

handicapped DISABLED persons shall provide specially trained       600          

instructors for the driver training of such persons.  No school    602          

shall operate a driver training program for handicapped DISABLED   603          

persons after June 30, 1978, unless it has been licensed for such  605          

operation by the director.  No person shall act as a specially     606          

trained instructor in a driver training program for handicapped    607          

DISABLED persons operated by a school after June 30, 1978, unless  609          

that person has been licensed by the director.                     610          

      (C)  The director may arrange with state universities to     612          

provide driver training of handicapped persons and training of     613          

driving instructors for handicapped persons.                       614          

      (D)  As used in this section, "handicapped" means having     616          

lost the use of one or both legs, one or both arms, or any         617          

combination thereof, or being deaf or so severely disabled as to   618          

be unable to move about without the aid of crutches or a           619          

wheelchair SHALL CERTIFY INSTRUCTORS TO TEACH DRIVER TRAINING TO   620          

DISABLED PERSONS IN ACCORDANCE WITH TRAINING PROGRAM REQUIREMENTS  621          

ESTABLISHED BY THE DEPARTMENT OF PUBLIC SAFETY.                    622          

      Sec. 4508.04.  No person shall act as a driver training      631          

instructor and on and after June 30, 1978, no person shall act as  632          

a driver training instructor for handicapped DISABLED persons      633          

unless such person applies for and obtains from the director of    635          

public safety a license in the manner and form prescribed by the                

director.  The director shall provide by rule for instructors'     636          

                                                          15     


                                                                 
license requirements including moral character, physical           637          

condition, knowledge of the courses of instruction, motor vehicle  638          

laws and safety principles, previous personal and employment       639          

records, and such other matters as the director may prescribe for  640          

the protection of the public.  Driver training instructors for                  

the handicapped DISABLED PERSONS shall meet such additional        641          

requirements and receive such additional classroom and practical   643          

instruction as the director shall prescribe by rule.               644          

      Sec. 4508.05.  All licenses shall expire on the last day of  653          

the calendar year and may be renewed upon application to the       654          

director of public safety as prescribed by his regulations IN      655          

RULES ADOPTED BY THE DIRECTOR.  Each application for an original   656          

or SCHOOL LICENSE SHALL BE ACCOMPANIED BY A FEE OF TWO HUNDRED     657          

FIFTY DOLLARS, AND EACH APPLICATION FOR A renewal school license   659          

shall be accompanied by a fee of fifty dollars, and each.  EACH    660          

application for an original or INSTRUCTOR'S LICENSE SHALL BE       661          

ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS, AND EACH APPLICATION  662          

FOR A renewal instructor's license shall be accompanied by a fee   664          

of ten dollars.  Such fees shall be payable to the treasurer of    665          

state and credited to the state highway safety fund established                 

in section 4501.06 of the Revised Code.  No license fees shall be  666          

refunded in the event any license is rejected, suspended, or       667          

revoked.                                                                        

      Sec. 4508.06.  The director of public safety may refuse to   676          

issue, or may suspend or revoke a license in any case where he     677          

THE DIRECTOR finds the applicant or licensee has violated any of   678          

the provisions of sections 4508.01 to 4508.07 of the Revised Code  679          

THIS CHAPTER, or the regulations adopted by the director.  A       680          

suspended or revoked license shall be returned to the director by  681          

the licensee.                                                                   

      Sec. 4508.09.  (A)  A LEAD SCHOOL DISTRICT MAY APPLY FOR A   684          

DRIVER TRAINING SCHOOL LICENSE FOR THE PURPOSE OF PROVIDING        685          

INSTRUCTION AND TRAINING TO INDIVIDUALS OTHER THAN REGULARLY       686          

ENROLLED, FULL-TIME HIGH SCHOOL STUDENTS IN THE OPERATION OF       687          

                                                          16     


                                                                 
TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND    688          

SEMI-TRAILERS.  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS         689          

SECTION, UPON THE DISTRICT'S COMPLIANCE WITH ALL PROVISIONS THAT   691          

GOVERN THE ISSUANCE OF A LICENSE TO A DRIVER TRAINING SCHOOL TO    692          

OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS,         693          

COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND                         

SEMI-TRAILERS, THE DIRECTOR OF PUBLIC SAFETY SHALL ISSUE A         694          

LICENSE TO THE DISTRICT IN THE FORM AND MANNER THE DIRECTOR        696          

PRESCRIBES.  UPON THE ISSUANCE OF THE LICENSE, THE DISTRICT MAY                 

OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS,         698          

COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND            699          

SEMI-TRAILERS AND MAY CHARGE AND RETAIN A FEE FOR THAT             700          

INSTRUCTION AND TRAINING.                                                       

      (B)  THE DIRECTOR SHALL ISSUE A NEW LICENSE TO A LEAD        702          

SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION IF THE          703          

DISTRICT COMPLIES WITH ALL PROVISIONS THAT GOVERN THE ISSUANCE OF  704          

A LICENSE TO A DRIVER TRAINING SCHOOL TO OFFER INSTRUCTION AND     706          

TRAINING IN THE OPERATION OF TRUCKS, COMMERCIAL CARS, AND          707          

COMMERCIAL TRACTORS, TRAILERS, AND SEMI-TRAILERS OTHER THAN ANY    709          

PROVISION OF A RULE REQUIRING INSURANCE COVERAGE.  IF A DISTRICT   710          

COMPLIES WITH ALL PROVISIONS GOVERNING THE ISSUANCE OF A LICENSE   711          

OTHER THAN THE INSURANCE COVERAGE PROVISIONS, THE DIRECTOR SHALL   712          

ISSUE THE NEW LICENSE ON THE CONDITION THAT THE DISTRICT OBTAIN    713          

THE REQUIRED INSURANCE COVERAGE AND SUBMIT PROOF OF THE INSURANCE  714          

COVERAGE TO THE DIRECTOR NOT LATER THAN SIXTY DAYS AFTER THE DATE  715          

OF ISSUANCE OF THE LICENSE.                                        716          

      Section 2.  That existing sections 3301.0710, 3301.0711,     718          

3301.17, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06  719          

of the Revised Code are hereby repealed.                           720          

      Section 3.  An educational institution that, on the          722          

effective date of this act, is acting as a driver training school  723          

licensed under Chapter 4508. of the Revised Code shall retain its  724          

license and be eligible to renew its license so long as the        725          

educational institution meets all the requirements for retaining   726          

                                                          17     


                                                                 
and renewing its license.                                                       

      Section 4.  That Section 4.18 of Am. Sub. H.B. 282 of the    728          

123rd General Assembly be amended to read as follows:              729          

      "Sec. 4.18.  OhioReads Grants                                731          

      Of the foregoing appropriation item 200-566, OhioReads       733          

Grants, $20,000,000 each year shall be disbursed by the OhioReads  735          

Office in the Department of Education at the direction of the      736          

OhioReads Council, to provide classroom grants to public schools   737          

in city, local, and exempted village school districts; community   738          

schools; and educational service centers serving kindergarten      739          

through fourth grade students.                                     740          

      Of the foregoing appropriation item 200-566, OhioReads       742          

Grants, $5,000,000 each year shall be disbursed by the OhioReads   743          

Office in the Department of Education at the direction of the      744          

OhioReads Council, to provide community matching grants to         746          

community organizations and associations, libraries, and others                 

for tutoring, tutor recruitment and training, and parental         747          

involvement.                                                                    

      Grants awarded by the OhioReads Council are intended to      749          

improve reading outcomes, especially on the fourth grade reading   750          

proficiency test.                                                               

      School Improvement Incentive Grants                          752          

      Of the foregoing appropriation item 200-570, School          754          

Improvement Incentive Grants, $2,000,000 in each fiscal year       755          

shall be used to provide grants of $25,000 per building for        757          

improvements in reading performance based on selection criteria    758          

developed by the OhioReads Council.                                             

      Of the foregoing appropriation items ITEM 200-570, School    760          

Improvement Incentive Grants, $6,500,000 in each fiscal year       761          

shall be used to provide grants of $25,000 each to elementary      762          

schools and $50,000 each to middle schools, junior high schools,   764          

and high schools that demonstrate significant improvement on                    

proficiency tests, attendance rates, and graduation rates based    765          

on standards developed by the Department of Education.             766          

                                                          18     


                                                                 
      Of the foregoing appropriation item 200-570, School          768          

Improvement Incentive Grants, $500,000 in each fiscal year shall   769          

be used to provide grants of $50,000 each to educational service   771          

centers and joint vocational school districts for exemplary        772          

programs or that demonstrate significant improvement on                         

proficiency tests, attendance rates, and graduation rates based    773          

on standards developed by the Department of Education.             774          

      Of the foregoing appropriation item 200-570, School          776          

Improvement Incentive Grants, $1,000,000 in each fiscal year       777          

shall be used to provide grants of $25,000 each to schools         779          

selected for superior performance by BEST, Building Excellent      780          

Schools for Today and the 21st Century.                            781          

      Teacher Incentive Grants                                     783          

      The foregoing appropriation item 200-572, Teacher Incentive  785          

Grants, shall be used by the Department of Education to pay        786          

one-time stipends to qualified teachers of reading, mathematics,   787          

and science.  To be eligible, teacher applicants must hold a       788          

valid teaching certificate; be employed by a city, local,          789          

exempted village, or joint vocational school district OR BY A                   

CHARTERED NONPUBLIC SCHOOL; and be certified by the district OR    791          

THE NONPUBLIC SCHOOL as necessary to meet an existing need for     792          

teachers with a reading, mathematics, or science credential.       793          

      Individuals with an elementary school teaching certificate   795          

that successfully complete a program for a reading endorsement,    796          

and who successfully complete the examination prescribed by the    797          

State Board of Education, shall be paid a stipend of $1,000.       798          

Individuals with a AN ELEMENTARY OR high school teaching           799          

certificate that successfully complete a program required to add   800          

mathematics or science to that certificate, and who successfully   801          

complete the mathematics or science examination prescribed by the  802          

State Board of Education, shall be paid a stipend of $1,500.  The  803          

variance in stipend amounts reflects the variance in requirements  804          

to secure the different credentials.                                            

      Character Education                                          806          

                                                          19     


                                                                 
      Of the foregoing appropriation item 200-573, Character       808          

Education, up to $50,000 in each fiscal year shall be used to      809          

develop, produce, or otherwise obtain a distance learning          810          

program, a video presentation, or other method of offering         811          

instruction in character education to multiple school districts.   812          

The program, presentation, or other method of instruction shall    813          

be made available to all school districts.                         814          

       The remainder of appropriation item 200-573, Character      816          

Education, shall be used by the Department of Education to         818          

provide matching grants of up to $50,000 each to school districts  819          

to develop pilot character education programs.                                  

      Substance Abuse Prevention                                   821          

      Of the foregoing appropriation item 200-574, Substance       823          

Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to   824          

$2,120,000 in fiscal year 2001 shall be used for the Safe and      825          

Drug Free Schools Coordinators Program.  Of the foregoing          826          

appropriation item 200-574, Substance Abuse Prevention, up to      827          

$300,000 in each fiscal year of the biennium shall be used for     828          

the Substance Abuse Prevention Student Assistance Program.  The    829          

Department of Education and the Department of Alcohol and Drug     830          

Addiction Services shall jointly develop and approve a plan for    831          

the expenditure of these funds including, but not limited to, the               

development of position descriptions and training specifications   832          

for safe and drug free schools coordinators.  Safe and drug free   834          

schools coordinators shall possess or be in the process of         835          

obtaining credentials issued by the Ohio Credentialing Board for   836          

Chemical Dependency Professionals or other credentials recognized  837          

by that board.                                                                  

      12th Grade Proficiency Stipend                               839          

      The foregoing appropriation item 200-575, 12th Grade         841          

Proficiency Stipend, shall be used to fund a $500 scholarship to   842          

each student who meets the requirements of section 3365.15 of the  843          

Revised Code.                                                                   

      Within thirty days of the effective date of this section,    845          

                                                          20     


                                                                 
the Director of Budget and Management shall transfer the           846          

appropriation for this program to the Ohio Board of Regents for    847          

its administration.                                                             

      River Valley School Environmental Issues                     849          

      The foregoing appropriation item 200-580, River Valley       851          

School Environmental Issues, shall be used to assist with costs    852          

arising from environmental assessment and clean-up of potential    853          

environmental contamination of school facilities of the River      854          

Valley Local School District.                                                   

      Auxiliary Services Mobile Repair                             856          

      Notwithstanding section 3317.064 of the Revised Code, if     858          

the unobligated cash balance is sufficient, the Treasurer of       859          

State shall transfer $1,500,000 in fiscal year 2000 within thirty  860          

days of the effective date of this section and $1,500,000 in       861          

fiscal year 2001 by August 1, 2000, from the Auxiliary Services    862          

Personnel Unemployment Compensation Fund to the Department of      863          

Education's Auxiliary Services Mobile Repair Fund (Fund 598).      864          

      Within 30 days after the effective date of this section,     866          

the Superintendent of Public Instruction shall certify to the      867          

Director of Budget and Management the amount of cash to be         868          

transferred from the Miscellaneous Revenue Fund, Fund 452, to the  869          

Educational Grants Fund, Fund 620.                                              

      Coordinated School Health and AIDS Education                 871          

      The Department of Education shall not commit or spend any    873          

moneys from appropriation item 200-625, Coordinated School         874          

Health, or appropriation item 200-668, AIDS Education, for         875          

activities in preparation for or during the 1999-2000 school year  877          

or for the 2000-2001 school year until the General Assembly has    878          

approved program plans for these purposes through the adoption of               

a concurrent resolution.  Before the House of Representatives or   879          

the Senate votes on a concurrent resolution approving program      880          

plans, its standing committee having principal jurisdiction over   881          

primary and secondary education legislation shall conduct at       882          

least one public hearing on the program plans.  Tobacco use        883          

                                                          21     


                                                                 
prevention programs and dental health programs are exempt from                  

these requirements."                                               884          

      Section 5.  That existing Section 4.18 of Am. Sub. H.B. 282  886          

of the 123rd General Assembly is hereby repealed.                  887          

      Section 6.  Notwithstanding the requirement of division (B)  889          

of Section 4 of Am. Sub. S.B. 55 of the 122nd General Assembly     890          

that the ninth grade proficiency tests administered through the    891          

2003-2004 school year under that section be administered as        892          

required by the version of sections 3301.0710 and 3301.0711 of     893          

the Revised Code in effect prior to July 1, 1998:                  894          

      (A)  Ninth grade proficiency tests shall be administered to  896          

ninth, tenth, eleventh, and twelfth grade students eligible to     897          

take them under Section 4 of Am. Sub. S.B. 55 of the 122nd         898          

General Assembly as prescribed in division (C)(4) of section       899          

3301.0710 of the Revised Code, as amended by this act, for         900          

eleventh and twelfth grade students taking tenth grade             901          

proficiency tests.                                                              

      (B)  The nine-day make-up period prescribed by this act's    903          

amendment of section (C)(2) of section 3301.0711 of the Revised    904          

Code also applies to the ninth grade proficiency tests             905          

administered under Section 4 of Am. Sub. S.B. 55 of the 122nd      906          

General Assembly.                                                  907          

      Section 6.  This act is hereby declared to be an emergency   909          

measure necessary for the immediate preservation of the public     910          

peace, health, and safety.  The reason for such necessity lies in  911          

the fact that school district and joint vocational school          912          

district boards of education need as much lead time as possible    913          

to plan for and to implement the programs authorized under this    914          

act for the school year that begins in 2000.  Therefore, this act  915          

shall go into immediate effect.                                    916