As Passed by the House 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-WILLAMOWSKI-TERWILLEGER-
BUCHY-VESPER-WIDENER-METTLER 11
_________________________________________________________________ 12
A B I L L
To amend sections 3301.0710, 3301.0711, 3301.17, and 14
4508.01 to 4508.06 and to enact section 4508.09 15
of the Revised Code and to amend Section 4.18 of 16
Am. Sub. H.B. 282 of the 123rd General Assembly
to permit certain school districts to be licensed 17
as driver training schools to instruct and train 18
students other than regularly enrolled, full-time 19
students in the operation of trucks, commercial
cars, and commercial tractors, trailers, and 20
semi-trailers; to make other changes in the laws 21
governing driver training schools; to revise the 22
guidelines for scheduling the state proficiency
tests; to qualify teachers with elementary school 23
certificates for the math and science teacher 24
incentive grants; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 3301.0710, 3301.0711, 3301.17, 28
4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 be 29
amended and section 4508.09 of the Revised Code be enacted to 30
read as follows:
Sec. 3301.0710. The state board of education shall adopt 39
rules establishing a statewide program to test student 40
proficiency for the purpose of ensuring that students who receive 41
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a high school diploma demonstrate at least high school levels of 43
proficiency in reading, writing, mathematics, science, and 44
citizenship. In order to determine this proficiency, the minimum 45
standards shall be appropriate for tenth grade proficiency level
in each of the specified areas. 46
(A)(1) The state board shall prescribe five statewide 48
proficiency tests, one each designed to measure skill in reading, 49
writing, mathematics, science, and citizenship, and shall 50
determine and designate the score on each such test that shall be 51
deemed to demonstrate that any student attaining such score has 52
achieved at least a fourth grade level of proficiency in the 53
measured skill. 54
(2) The state board shall prescribe five statewide 57
proficiency tests, one each designed to measure skill in reading, 58
writing, mathematics, science, and citizenship, and determine and 59
designate the score on each such test that is deemed to 60
demonstrate that any student attaining such score has achieved at 61
least a sixth grade level of proficiency in the measured skill. 62
(3) The state board shall prescribe five statewide 64
proficiency tests, one each designed to measure skill in reading, 65
writing, mathematics, science, and citizenship, and shall 66
determine and designate the score on each such test that shall be 67
deemed to demonstrate that any student attaining such score has 68
achieved at least a twelfth grade level of proficiency in the 69
measured skill. 70
(B) The state board shall prescribe five statewide high 72
school proficiency tests, one each designed to measure skill in 73
reading, writing, mathematics, science, and citizenship, and 74
shall determine and designate the score on each such test that 75
shall be deemed to demonstrate that any student attaining such 76
score has achieved at least the level of proficiency in the 77
measured skill appropriate for tenth grade. 79
The state board may enter into a reciprocal agreement with 81
the appropriate body or agency of any other state that has 82
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similar statewide proficiency testing requirements for receiving 83
high school diplomas, under which any student who has met a 84
proficiency testing requirement of one state is recognized as 85
having met the similar proficiency testing requirement of the 86
other state for purposes of receiving a high school diploma. For 87
purposes of this section and sections 3301.0711 and 3313.61 of 88
the Revised Code, any student enrolled in any public high school 89
in this state and who has met a proficiency testing requirement 90
specified in a reciprocal agreement entered into under this 91
division shall be deemed to have attained at least the applicable 92
score designated under this division on each test required by 93
this division that is specified in the agreement. 94
(C) The state board shall annually designate as follows 96
the dates on which the tests prescribed under this section shall 97
be administered: 98
(1) For the test prescribed under division (A)(1) of this 101
section to measure skill in reading, as follows: 102
(a) For students entering fourth grade in school years 105
that start prior to July 1, 2001, the same dates prescribed under 106
division (C)(2) of this section for the tests prescribed under 107
division (A)(1) of this section to measure skill in writing, 108
mathematics, science, and citizenship; 109
(b) For students entering fourth grade beginning with the 112
school year that starts July 1, 2001: 113
(i) One date prior to the thirty-first day of December 116
each school year; 117
(ii) Any dates prescribed under division (C)(2) of this 120
section for the tests prescribed under division (A)(1) of this 121
section to measure skill in writing, mathematics, science, and 122
citizenship;
(iii) One date during the summer for students receiving 125
summer remediation services under division (B)(3) of section 126
3313.608 of the Revised Code. 128
(2) For the tests prescribed under division (A)(1) of this 132
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section to measure skill in writing, mathematics, science, and
citizenship and the tests prescribed under division (A)(2) of 134
this section, at least one date subsequent to OF EACH SCHOOL YEAR 135
THAT IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the 136
fifteenth day of March of each school year;
(3) For the tests prescribed under division (A)(3) of this 138
section, at least one date subsequent to the thirty-first day of 139
December but prior to the thirty-first day of March of each 140
school year; 141
(4) For the tests prescribed under division (B) of this 143
section, at least one date subsequent to IN EACH SCHOOL YEAR THAT 144
IS NOT EARLIER THAN MONDAY OF THE WEEK CONTAINING the fifteenth 145
day of March of each school year for all tenth grade students and 147
at least one date prior to the thirty-first day of December and 149
at least one date subsequent to that date but prior to the 150
thirty-first day of March of each school year for eleventh and
twelfth grade students. 151
(D) In prescribing test dates pursuant to division (C)(4) 154
of this section, the board shall, to the greatest extent 155
practicable, provide options to school districts in the case of 156
tests administered under that division to eleventh and twelfth 157
grade students and in the case of tests administered to students 159
pursuant to division (C)(2) of section 3301.0711 of the Revised 162
Code. Such options shall include at least an opportunity for 164
school districts to give such tests outside of regular school 165
hours.
(E) In prescribing test dates pursuant to this section, 167
the state board of education shall designate the dates in such a 168
way as to allow a reasonable length of time between the 169
administration of tests prescribed under this section and any 170
administration of the National Assessment of Education Progress 172
Test given to students in the same grade level pursuant to 173
section 3301.27 of the Revised Code. 174
Sec. 3301.0711. (A) The department of education shall: 183
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(1) Annually furnish, grade, and score all tests required 185
by section 3301.0710 of the Revised Code to city, local, and 186
exempted village school districts; 187
(2) Adopt rules for the ethical use of tests and 189
prescribing the manner in which the tests prescribed by section 190
3301.0710 of the Revised Code shall be administered to students. 191
(B) Except as provided in divisions (C) and (J)(2) of this 193
section, the board of education of each city, local, and exempted 194
village school district shall, in accordance with rules adopted 195
under division (A) of this section: 196
(1) Administer the test prescribed under division (A)(1) 198
of section 3301.0710 of the Revised Code to measure skill in 199
reading as follows:
(a) For students entering fourth grade in school years 202
that start prior to July 1, 2001, at least once annually to all 203
students in the fourth grade; 204
(b) For students entering fourth grade beginning with the 207
school year that starts July 1, 2001, twice annually to all 209
students in the fourth grade who have not attained the score
designated for that test under division (A)(1) of section 210
3301.0710 of the Revised Code and once each summer to students 212
receiving summer remediation services under division (B)(3) of 213
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1) 215
of section 3301.0710 of the Revised Code to measure skill in 216
writing, mathematics, science, and citizenship at least once 217
annually to all students in the fourth grade. 218
(3) Administer the tests prescribed under division (A)(2) 221
of section 3301.0710 of the Revised Code at least once annually 222
to all students in the sixth grade. 223
(4) Administer any tests prescribed under division (A)(3) 225
of section 3301.0710 of the Revised Code at least once annually 226
to any student in the twelfth grade who, on all the tests 227
prescribed under division (B) of that section, has attained the 228
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applicable scores designated under such division prior to the 229
first day of January of that year. 230
(5) Administer any test prescribed under division (B) of 232
section 3301.0710 of the Revised Code as follows: 233
(a) At least once annually, subsequent to the fifteenth 236
day of March, to all tenth grade students and at least twice 238
annually to all students in eleventh or twelfth grade who have 240
not yet attained the score on that test designated under that 241
division;
(b) To any person who has successfully completed the 243
curriculum in any high school or the individualized education 244
program developed for the person by any high school pursuant to 245
section 3323.08 of the Revised Code but has not received a high 246
school diploma and who requests to take such test, at any time 247
such test is administered in the district. 248
(C)(1) Any student receiving special education services 250
under Chapter 3323. of the Revised Code shall be excused from 251
taking any particular test required to be administered under this 252
section if the individualized education program developed for the 253
student pursuant to section 3323.08 of the Revised Code excuses 254
the student from taking that test. In the case of any student so 255
excused from taking a test, the school district board of 256
education shall not prohibit the student from taking the test. 258
Any student enrolled in a chartered nonpublic school who has been 259
identified, based on an evaluation conducted in accordance with 260
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 261
amended, as a child with a disability shall be excused from 262
taking any particular test required to be administered under this 263
section if a plan developed for the student pursuant to rules 264
adopted by the state board excuses the student from taking that 265
test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student 266
from taking the test. 267
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(2) A district board may, for medical reasons or other 269
good cause, excuse a student from taking a test administered 270
under this section on the date scheduled, but any such test shall 271
be administered to such excused student not later than fifteen 272
NINE days following the scheduled date. The board shall annually 273
report the number of students who have not taken one or more of 274
the tests required by this section to the state board of 275
education not later than the thirtieth day of June. 277
(3) As used in this division, "English-limited student" 279
means a student whose primary language is not English and who has 281
been enrolled in United States schools for less than two full 282
school years.
No English-limited student shall be required to take any 284
test administered under this section. However, no district board 286
or governing authority of a chartered nonpublic school shall 287
prohibit an English-limited student from taking a test. 288
(D) In the school year next succeeding the school year in 291
which the tests prescribed by division (A)(1) of section 292
3301.0710 of the Revised Code are administered to any student, 293
the board of education of any school district in which the 294
student is enrolled in that year shall provide intervention 295
services to the student in any skill in which the student failed 296
on those tests to demonstrate at least fourth-grade levels of 297
literacy and basic competency. This division does not apply to 298
any student receiving services pursuant to an individualized 299
education program developed for the student pursuant to section 300
3323.08 of the Revised Code. 301
(E) Except as provided in section 3313.608 of the Revised 303
Code and division (M) of this section, no school district board 305
of education shall permit any student to be denied promotion to a 306
higher grade level solely because of the student's failure to 307
attain a specified score on any test administered under this 308
section. However, a district board may choose not to promote to 309
the next grade level any student who does not take any 310
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proficiency test administered under this section or make up such
test as provided by division (C)(2) of this section and who is 311
not exempted from the requirement to take the test under division 312
(C)(1) or (3) of this section. 313
(F) No person shall be charged a fee for taking any test 315
administered under this section. 316
(G) Not later than sixty days after any administration of 318
any test prescribed by section 3301.0710 of the Revised Code, the 319
department shall send to each school district board a list of the 320
individual test scores of all persons taking the test. 321
(H) Individual test scores on any tests administered under 323
this section shall be released by a district board only in 324
accordance with section 3319.321 of the Revised Code and the 325
rules adopted under division (A) of this section. No district 326
board or its employees shall utilize individual or aggregate test 327
results in any manner that conflicts with rules for the ethical 328
use of tests adopted pursuant to division (A) of this section. 329
(I) Except as provided in division (G) of this section, 331
the department shall not release any individual test scores on 332
any test administered under this section and shall adopt rules to 333
ensure the protection of student confidentiality at all times. 334
(J) Notwithstanding division (D) of section 3311.19 and 336
division (D) of section 3311.52 of the Revised Code, this section 337
does not apply to the board of education of any joint vocational 338
or cooperative education school district except as provided under 339
rules adopted pursuant to this division. 340
(1) In accordance with rules that the state board of 342
education shall adopt, the board of education of any city, 343
exempted village, or local school district with territory in a 344
joint vocational school district or a cooperative education 345
school district established pursuant to divisions (A) to (C) of 346
section 3311.52 of the Revised Code may enter into an agreement 347
with the board of education of the joint vocational or 348
cooperative education school district for administering any test 349
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prescribed under this section to students of the city, exempted 350
village, or local school district who are attending school in the 351
joint vocational or cooperative education school district. 352
(2) In accordance with rules that the state board of 354
education shall adopt, the board of education of any city, 355
exempted village, or local school district with territory in a 356
cooperative education school district established pursuant to 357
section 3311.521 of the Revised Code shall enter into an 358
agreement with the cooperative district that provides for the 359
administration of any test prescribed under this section to both 360
of the following: 361
(a) Students who are attending school in the cooperative 363
district and who, if the cooperative district were not 364
established, would be entitled to attend school in the city, 365
local, or exempted village school district pursuant to section 366
3313.64 or 3313.65 of the Revised Code; 367
(b) Persons described in division (B)(5)(b) of this 369
section. 370
Any testing of students pursuant to such an agreement shall 372
be in lieu of any testing of such students or persons pursuant to 373
this section. 374
(K)(1) Any chartered nonpublic school may participate in 376
the testing program by administering any of the tests prescribed 377
by section 3301.0710 of the Revised Code if the chief 378
administrator of the school specifies which tests the school 379
wishes to administer. Such specification shall be made in 380
writing to the superintendent of public instruction prior to the 381
first day of August of any school year in which tests are 382
administered and shall include a pledge that the nonpublic school 383
will administer the specified tests in the same manner as public 384
schools are required to do under this section and rules adopted 385
by the department. 386
(2) The department of education shall furnish the tests 388
prescribed by section 3301.0710 of the Revised Code to any 389
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chartered nonpublic school electing to participate under this 390
division. 391
(L)(1) Except as provided in division (L)(3) of this 393
section, the superintendent of the state school for the blind and 394
the superintendent of the state school for the deaf shall 395
administer the tests described by section 3301.0710 of the 396
Revised Code. Each superintendent shall administer the tests in 397
the same manner as district boards are required to do under this 398
section and rules adopted by the department of education. 399
(2) The department of education shall furnish the tests 401
described by section 3301.0710 of the Revised Code to each 402
superintendent. 403
(3) Any student enrolled in the state school for the blind 405
or the state school for the deaf shall be excused from taking any 406
particular test required to be administered under division (L)(1) 407
of this section if the individualized education program developed 408
for the student pursuant to section 3323.08 of the Revised Code 409
excuses the student from taking that test. In the case of any 410
student so excused from taking a test, the superintendent of the 411
school shall not prohibit the student from taking the test. 412
(M) Notwithstanding division (E) of this section, 414
beginning July 1, 1999, a school district may retain any student 417
for an additional year in such student's current grade level if
such student has failed to attain the designated scores on three 419
or more of the five tests described by division (A)(1) or (2) of 420
section 3301.0710 of the Revised Code. 421
This division does not supersede the requirements of 423
section 3313.608 of the Revised Code. 424
(N)(1) All proficiency tests required by section 3301.0710 427
of the Revised Code shall become public records pursuant to
section 149.43 of the Revised Code on the first day of July 429
following the school year that the test was administered. 430
(2) The department may field test proposed proficiency 432
test questions with samples of students to determine the 433
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validity, reliability, or appropriateness of test questions for 434
possible inclusion in a future year's proficiency test.
Field test questions shall not be considered in computing 436
test scores for individual students. Field test questions may be 437
included as part of the administration of any proficiency test 438
required by section 3301.0710 of the Revised Code. 439
(3) Any field test question administered under division 441
(N)(2) of this section shall not be a public record. Such field 442
test questions shall be redacted from any proficiency tests which 443
are released as a public record pursuant to division (N)(1) of 444
this section. 445
Sec. 3301.17. The board of education of each city, 454
exempted village, local, and joint vocational school district may 455
make a driver education course available to high school students 456
enrolled in the district in accordance with rules adopted by the 457
state board of education. No school district making such a 458
course available shall require any pupil to enroll in the course 459
in lieu of taking a training course from a commercial driver 460
training school licensed under Chapter 4508. of the Revised Code. 461
The department of education may contract for the use of public 462
school and educational service center governing board facilities 464
to provide technical assistance for driver education courses 465
where practicable or may provide such assistance at facilities 466
established and operated by the department under the supervision 467
of transportation coordinators.
The principal of each high school shall annually give 470
written notice to the pupils enrolled in the high school that 471
they may elect, under a procedure that shall be described in the 472
notice, to take a training course from a licensed commercial 473
driver training school or, if available, enroll in a driver 474
education course made available by the pupil's school district of 475
attendance.
Sec. 4508.01. As used in sections 4508.01 to 4508.07, 484
inclusive, of the Revised Code THIS CHAPTER: 485
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(A) "Commercial BEGINNING driver" MEANS ANY PERSON BEING 488
TRAINED TO DRIVE A PARTICULAR MOTOR VEHICLE WHO HAS NOT BEEN 489
PREVIOUSLY LICENSED TO DRIVE THAT MOTOR VEHICLE BY ANY STATE OR 490
COUNTRY.
(B) "DISABLED PERSON" MEANS A PERSON WHO, IN THE OPINION 492
OF THE REGISTRAR OF MOTOR VEHICLES, IS AFFLICTED WITH OR 493
SUFFERING FROM A PHYSICAL OR MENTAL DISABILITY OR DISEASE THAT 494
PREVENTS THE PERSON, IN THE ABSENCE OF SPECIAL TRAINING OR 495
EQUIPMENT, FROM EXERCISING REASONABLE AND ORDINARY CONTROL OVER A 496
MOTOR VEHICLE WHILE OPERATING THE VEHICLE UPON THE HIGHWAYS. 497
"DISABLED PERSON" DOES NOT MEAN ANY PERSON WHO IS OR HAS BEEN 498
SUBJECT TO ANY CONDITION RESULTING IN EPISODIC IMPAIRMENT OF 499
CONSCIOUSNESS OR LOSS OF MUSCULAR CONTROL AND WHOSE CONDITION, IN 500
THE OPINION OF THE REGISTRAR, IS DORMANT OR IS SUFFICIENTLY UNDER 501
MEDICAL CONTROL THAT THE PERSON IS CAPABLE OF EXERCISING 502
REASONABLE AND ORDINARY CONTROL OVER A MOTOR VEHICLE. 503
(C) "DRIVER training school" or "school" means a BOTH OF 506
THE FOLLOWING: 507
(1) A business enterprise conducted by an individual, 510
association, partnership, or corporation, for the education and 511
training of persons, either practically or theoretically, or 513
both, to operate or drive motor vehicles, THAT USES PUBLIC 514
STREETS OR HIGHWAYS TO PROVIDE TRAINING, and charging THAT 515
CHARGES a consideration or tuition for such services; 516
(2) A LEAD SCHOOL DISTRICT AS PROVIDED IN SECTION 4508.09 518
OF THE REVISED CODE. 519
(B)(D) "Instructor" means any person, whether acting for 522
himself SELF as operator of a commercial driver training school 523
or for such a school for compensation, who teaches, conducts 525
classes of, gives demonstrations to, or supervises practice of, 526
persons learning to operate or drive motor vehicles. 527
(E) "LEAD SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, 530
INCLUDING A JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE 532
DEPARTMENT OF EDUCATION AS EITHER A VOCATIONAL EDUCATION PLANNING
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DISTRICT ITSELF OR AS RESPONSIBLE FOR PROVIDING PRIMARY 534
VOCATIONAL EDUCATION LEADERSHIP WITHIN A VOCATIONAL EDUCATION 535
PLANNING DISTRICT THAT IS COMPOSED OF A GROUP OF DISTRICTS. A 536
"VOCATIONAL EDUCATION PLANNING DISTRICT" IS A SCHOOL DISTRICT OR 537
GROUP OF SCHOOL DISTRICTS DESIGNATED BY THE DEPARTMENT AS 538
RESPONSIBLE FOR PLANNING AND PROVIDING VOCATIONAL EDUCATION 539
SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP OF DISTRICTS. 540
Sec. 4508.02. (A) The director of public safety, subject 549
to Chapter 119. of the Revised Code, shall adopt and prescribe 550
such rules concerning the administration and enforcement of 551
sections 4508.01 to 4508.08 of the Revised Code THIS CHAPTER as 553
are necessary to protect the public. The director shall inspect 554
the school facilities and equipment of applicants and licensees 555
and examine applicants for instructor's licenses. 556
(B) The director shall administer and enforce sections 558
4508.01 to 4508.08 of the Revised Code THIS CHAPTER, and may call 560
upon the state superintendent of public instruction for 562
assistance in developing and formulating the rules FOR TRAINING 563
BEGINNING DRIVERS. The
(C) THE rules shall require twenty-four hours of classroom 565
instruction, and eight hours of actual behind-the-wheel 566
instruction conducted on public streets and highways of this 567
state FOR ALL BEGINNING DRIVERS OF NONCOMMERCIAL MOTOR VEHICLES 568
WHO ARE UNDER AGE EIGHTEEN. 569
(D) THE RULES SHALL STATE THE MINIMUM HOURS FOR CLASSROOM 571
AND BEHIND-THE-WHEEL INSTRUCTION REQUIRED FOR BEGINNING DRIVERS 572
OF COMMERCIAL TRUCKS, COMMERCIAL CARS, BUSES, AND COMMERCIAL 573
TRACTORS, TRAILERS, AND SEMI-TRAILERS. 574
Sec. 4508.03. (A) No commercial driver training school 583
shall be established nor any such existing school continued 584
unless the school applies for and obtains from the director of 585
public safety a license in the manner and form prescribed by the 586
director. 587
The rules shall state the requirements for a school 589
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license, including requirements concerning location, equipment, 590
courses of instruction, instructors, previous records of the 591
school and instructors, financial statements, schedule of fees 592
and charges, character and reputation of the operators, insurance 593
in such sum and with such provisions as the director considers 594
necessary to protect adequately the interests of the public, and 595
such other matters as the director may prescribe for the 596
protection of the public. The rules also shall require financial 597
responsibility information as part of the driver education 598
curriculum.
(B) Any school that offers a driver training program for 600
handicapped DISABLED persons shall provide specially trained 601
instructors for the driver training of such persons. No school 603
shall operate a driver training program for handicapped DISABLED 604
persons after June 30, 1978, unless it has been licensed for such 606
operation by the director. No person shall act as a specially 607
trained instructor in a driver training program for handicapped 608
DISABLED persons operated by a school after June 30, 1978, unless 610
that person has been licensed by the director. 611
(C) The director may arrange with state universities to 613
provide driver training of handicapped persons and training of 614
driving instructors for handicapped persons. 615
(D) As used in this section, "handicapped" means having 617
lost the use of one or both legs, one or both arms, or any 618
combination thereof, or being deaf or so severely disabled as to 619
be unable to move about without the aid of crutches or a 620
wheelchair SHALL CERTIFY INSTRUCTORS TO TEACH DRIVER TRAINING TO 621
DISABLED PERSONS IN ACCORDANCE WITH TRAINING PROGRAM REQUIREMENTS 622
ESTABLISHED BY THE DEPARTMENT OF PUBLIC SAFETY. 623
Sec. 4508.04. No person shall act as a driver training 632
instructor and on and after June 30, 1978, no person shall act as 633
a driver training instructor for handicapped DISABLED persons 634
unless such person applies for and obtains from the director of 636
public safety a license in the manner and form prescribed by the
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director. The director shall provide by rule for instructors' 637
license requirements including moral character, physical 638
condition, knowledge of the courses of instruction, motor vehicle 639
laws and safety principles, previous personal and employment 640
records, and such other matters as the director may prescribe for 641
the protection of the public. Driver training instructors for
the handicapped DISABLED PERSONS shall meet such additional 642
requirements and receive such additional classroom and practical 644
instruction as the director shall prescribe by rule. 645
Sec. 4508.05. All licenses shall expire on the last day of 654
the calendar year and may be renewed upon application to the 655
director of public safety as prescribed by his regulations IN 656
RULES ADOPTED BY THE DIRECTOR. Each application for an original 657
or SCHOOL LICENSE SHALL BE ACCOMPANIED BY A FEE OF TWO HUNDRED 658
FIFTY DOLLARS, AND EACH APPLICATION FOR A renewal school license 660
shall be accompanied by a fee of fifty dollars, and each. EACH 661
application for an original or INSTRUCTOR'S LICENSE SHALL BE 662
ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS, AND EACH APPLICATION 663
FOR A renewal instructor's license shall be accompanied by a fee 665
of ten dollars. Such fees shall be payable to the treasurer of 666
state and credited to the state highway safety fund established
in section 4501.06 of the Revised Code. No license fees shall be 667
refunded in the event any license is rejected, suspended, or 668
revoked.
Sec. 4508.06. The director of public safety may refuse to 677
issue, or may suspend or revoke a license in any case where he 678
THE DIRECTOR finds the applicant or licensee has violated any of 679
the provisions of sections 4508.01 to 4508.07 of the Revised Code 680
THIS CHAPTER, or the regulations adopted by the director. A 681
suspended or revoked license shall be returned to the director by 682
the licensee.
Sec. 4508.09. (A) A LEAD SCHOOL DISTRICT MAY APPLY FOR A 685
DRIVER TRAINING SCHOOL LICENSE FOR THE PURPOSE OF PROVIDING 686
INSTRUCTION AND TRAINING TO INDIVIDUALS OTHER THAN REGULARLY 687
16
ENROLLED, FULL-TIME HIGH SCHOOL STUDENTS IN THE OPERATION OF 688
TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 689
SEMI-TRAILERS. EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 690
SECTION, UPON THE DISTRICT'S COMPLIANCE WITH ALL PROVISIONS THAT 692
GOVERN THE ISSUANCE OF A LICENSE TO A DRIVER TRAINING SCHOOL TO 693
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 694
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND
SEMI-TRAILERS, THE DIRECTOR OF PUBLIC SAFETY SHALL ISSUE A 695
LICENSE TO THE DISTRICT IN THE FORM AND MANNER THE DIRECTOR 697
PRESCRIBES. UPON THE ISSUANCE OF THE LICENSE, THE DISTRICT MAY
OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, 699
COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND 700
SEMI-TRAILERS AND MAY CHARGE AND RETAIN A FEE FOR THAT 701
INSTRUCTION AND TRAINING.
(B) THE DIRECTOR SHALL ISSUE A NEW LICENSE TO A LEAD 703
SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION IF THE 704
DISTRICT COMPLIES WITH ALL PROVISIONS THAT GOVERN THE ISSUANCE OF 705
A LICENSE TO A DRIVER TRAINING SCHOOL TO OFFER INSTRUCTION AND 707
TRAINING IN THE OPERATION OF TRUCKS, COMMERCIAL CARS, AND 708
COMMERCIAL TRACTORS, TRAILERS, AND SEMI-TRAILERS OTHER THAN ANY 710
PROVISION OF A RULE REQUIRING INSURANCE COVERAGE. IF A DISTRICT 711
COMPLIES WITH ALL PROVISIONS GOVERNING THE ISSUANCE OF A LICENSE 712
OTHER THAN THE INSURANCE COVERAGE PROVISIONS, THE DIRECTOR SHALL 713
ISSUE THE NEW LICENSE ON THE CONDITION THAT THE DISTRICT OBTAIN 714
THE REQUIRED INSURANCE COVERAGE AND SUBMIT PROOF OF THE INSURANCE 715
COVERAGE TO THE DIRECTOR NOT LATER THAN SIXTY DAYS AFTER THE DATE 716
OF ISSUANCE OF THE LICENSE. 717
Section 2. That existing sections 3301.0710, 3301.0711, 719
3301.17, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, and 4508.06 720
of the Revised Code are hereby repealed. 721
Section 3. An educational institution that, on the 723
effective date of this act, is acting as a driver training school 724
licensed under Chapter 4508. of the Revised Code shall retain its 725
license and be eligible to renew its license so long as the 726
17
educational institution meets all the requirements for retaining 727
and renewing its license.
Section 4. That Section 4.18 of Am. Sub. H.B. 282 of the 729
123rd General Assembly be amended to read as follows: 730
"Sec. 4.18. OhioReads Grants 732
Of the foregoing appropriation item 200-566, OhioReads 734
Grants, $20,000,000 each year shall be disbursed by the OhioReads 736
Office in the Department of Education at the direction of the 737
OhioReads Council, to provide classroom grants to public schools 738
in city, local, and exempted village school districts; community 739
schools; and educational service centers serving kindergarten 740
through fourth grade students. 741
Of the foregoing appropriation item 200-566, OhioReads 743
Grants, $5,000,000 each year shall be disbursed by the OhioReads 744
Office in the Department of Education at the direction of the 745
OhioReads Council, to provide community matching grants to 747
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 748
involvement.
Grants awarded by the OhioReads Council are intended to 750
improve reading outcomes, especially on the fourth grade reading 751
proficiency test.
School Improvement Incentive Grants 753
Of the foregoing appropriation item 200-570, School 755
Improvement Incentive Grants, $2,000,000 in each fiscal year 756
shall be used to provide grants of $25,000 per building for 758
improvements in reading performance based on selection criteria 759
developed by the OhioReads Council.
Of the foregoing appropriation items ITEM 200-570, School 761
Improvement Incentive Grants, $6,500,000 in each fiscal year 762
shall be used to provide grants of $25,000 each to elementary 763
schools and $50,000 each to middle schools, junior high schools, 765
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 766
18
on standards developed by the Department of Education. 767
Of the foregoing appropriation item 200-570, School 769
Improvement Incentive Grants, $500,000 in each fiscal year shall 770
be used to provide grants of $50,000 each to educational service 772
centers and joint vocational school districts for exemplary 773
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 774
on standards developed by the Department of Education. 775
Of the foregoing appropriation item 200-570, School 777
Improvement Incentive Grants, $1,000,000 in each fiscal year 778
shall be used to provide grants of $25,000 each to schools 780
selected for superior performance by BEST, Building Excellent 781
Schools for Today and the 21st Century. 782
Teacher Incentive Grants 784
The foregoing appropriation item 200-572, Teacher Incentive 786
Grants, shall be used by the Department of Education to pay 787
one-time stipends to qualified teachers of reading, mathematics, 788
and science. To be eligible, teacher applicants must hold a 789
valid teaching certificate; be employed by a city, local, 790
exempted village, or joint vocational school district OR BY A
CHARTERED NONPUBLIC SCHOOL; and be certified by the district OR 792
THE NONPUBLIC SCHOOL as necessary to meet an existing need for 793
teachers with a reading, mathematics, or science credential. 794
Individuals with an elementary school teaching certificate 796
that successfully complete a program for a reading endorsement, 797
and who successfully complete the examination prescribed by the 798
State Board of Education, shall be paid a stipend of $1,000. 799
Individuals with a AN ELEMENTARY OR high school teaching 800
certificate that successfully complete a program required to add 801
mathematics or science to that certificate, and who successfully 802
complete the mathematics or science examination prescribed by the 803
State Board of Education, shall be paid a stipend of $1,500. The 804
variance in stipend amounts reflects the variance in requirements 805
to secure the different credentials.
19
Character Education 807
Of the foregoing appropriation item 200-573, Character 809
Education, up to $50,000 in each fiscal year shall be used to 810
develop, produce, or otherwise obtain a distance learning 811
program, a video presentation, or other method of offering 812
instruction in character education to multiple school districts. 813
The program, presentation, or other method of instruction shall 814
be made available to all school districts. 815
The remainder of appropriation item 200-573, Character 817
Education, shall be used by the Department of Education to 819
provide matching grants of up to $50,000 each to school districts 820
to develop pilot character education programs.
Substance Abuse Prevention 822
Of the foregoing appropriation item 200-574, Substance 824
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 825
$2,120,000 in fiscal year 2001 shall be used for the Safe and 826
Drug Free Schools Coordinators Program. Of the foregoing 827
appropriation item 200-574, Substance Abuse Prevention, up to 828
$300,000 in each fiscal year of the biennium shall be used for 829
the Substance Abuse Prevention Student Assistance Program. The 830
Department of Education and the Department of Alcohol and Drug 831
Addiction Services shall jointly develop and approve a plan for 832
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 833
for safe and drug free schools coordinators. Safe and drug free 835
schools coordinators shall possess or be in the process of 836
obtaining credentials issued by the Ohio Credentialing Board for 837
Chemical Dependency Professionals or other credentials recognized 838
by that board.
12th Grade Proficiency Stipend 840
The foregoing appropriation item 200-575, 12th Grade 842
Proficiency Stipend, shall be used to fund a $500 scholarship to 843
each student who meets the requirements of section 3365.15 of the 844
Revised Code.
20
Within thirty days of the effective date of this section, 846
the Director of Budget and Management shall transfer the 847
appropriation for this program to the Ohio Board of Regents for 848
its administration.
River Valley School Environmental Issues 850
The foregoing appropriation item 200-580, River Valley 852
School Environmental Issues, shall be used to assist with costs 853
arising from environmental assessment and clean-up of potential 854
environmental contamination of school facilities of the River 855
Valley Local School District.
Auxiliary Services Mobile Repair 857
Notwithstanding section 3317.064 of the Revised Code, if 859
the unobligated cash balance is sufficient, the Treasurer of 860
State shall transfer $1,500,000 in fiscal year 2000 within thirty 861
days of the effective date of this section and $1,500,000 in 862
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 863
Personnel Unemployment Compensation Fund to the Department of 864
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 865
Within 30 days after the effective date of this section, 867
the Superintendent of Public Instruction shall certify to the 868
Director of Budget and Management the amount of cash to be 869
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 870
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 872
The Department of Education shall not commit or spend any 874
moneys from appropriation item 200-625, Coordinated School 875
Health, or appropriation item 200-668, AIDS Education, for 876
activities in preparation for or during the 1999-2000 school year 878
or for the 2000-2001 school year until the General Assembly has 879
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 880
the Senate votes on a concurrent resolution approving program 881
plans, its standing committee having principal jurisdiction over 882
primary and secondary education legislation shall conduct at 883
21
least one public hearing on the program plans. Tobacco use 884
prevention programs and dental health programs are exempt from
these requirements." 885
Section 5. That existing Section 4.18 of Am. Sub. H.B. 282 887
of the 123rd General Assembly is hereby repealed. 888
Section 6. Notwithstanding the requirement of division (B) 890
of Section 4 of Am. Sub. S.B. 55 of the 122nd General Assembly 891
that the ninth grade proficiency tests administered through the 892
2003-2004 school year under that section be administered as 893
required by the version of sections 3301.0710 and 3301.0711 of 894
the Revised Code in effect prior to July 1, 1998: 895
(A) Ninth grade proficiency tests shall be administered to 897
ninth, tenth, eleventh, and twelfth grade students eligible to 898
take them under Section 4 of Am. Sub. S.B. 55 of the 122nd 899
General Assembly as prescribed in division (C)(4) of section 900
3301.0710 of the Revised Code, as amended by this act, for 901
eleventh and twelfth grade students taking tenth grade 902
proficiency tests.
(B) The nine-day make-up period prescribed by this act's 904
amendment of section (C)(2) of section 3301.0711 of the Revised 905
Code also applies to the ninth grade proficiency tests 906
administered under Section 4 of Am. Sub. S.B. 55 of the 122nd 907
General Assembly. 908
Section 6. This act is hereby declared to be an emergency 910
measure necessary for the immediate preservation of the public 911
peace, health, and safety. The reason for such necessity lies in 912
the fact that school district and joint vocational school 913
district boards of education need as much lead time as possible 914
to plan for and to implement the programs authorized under this 915
act for the school year that begins in 2000. Therefore, this act 916
shall go into immediate effect. 917