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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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