As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 407


REPRESENTATIVES Buehrer, Seitz, White, Otterman, Sullivan, Redfern



A BILL
To amend sections 3301.07 and 4508.02 of the Revised1
Code to require certain driver education courses to2
include thirty minutes of instruction relating to3
anatomical gifts and anatomical gift procedures.4


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

       Section 1. That sections 3301.07 and 4508.02 of the Revised5
Code be amended to read as follows:6

       Sec. 3301.07.  The state board of education shall exercise7
under the acts of the general assembly general supervision of the8
system of public education in the state. In addition to the9
powers otherwise imposed on the state board under the provisions10
of law, the board shall have the following powers:11

       (A) Exercise policy forming, planning, and evaluative12
functions for the public schools of the state, and for adult13
education, except as otherwise provided by law;14

       (B) Exercise leadership in the improvement of public15
education in this state, and administer the educational policies16
of this state relating to public schools, and relating to17
instruction and instructional material, building and equipment,18
transportation of pupils, administrative responsibilities of19
school officials and personnel, and finance and organization of20
school districts, educational service centers, and territory.21
Consultative and advisory services in such matters shall be22
provided by the board to school districts and educational service23
centers of this state. The board also shall develop a standard of24
financial reporting which shall be used by all school districts25
and educational service centers to make their financial26
information available to the public in a format understandable by27
the average citizen and provide year-to-year comparisons for at28
least five years. The format shall show, among other things,29
district and educational service center revenue by source;30
expenditures for salaries, wages, and benefits of employees,31
showing such amounts separately for classroom teachers, other32
employees required to hold licenses issued pursuant to sections33
3319.22 to 3319.31 of the Revised Code, and all other employees;34
expenditures other than for personnel, by category, including35
utilities, textbooks and other educational materials, equipment,36
permanent improvements, pupil transportation, extracurricular37
athletics, and other extracurricular activities; and per pupil38
expenditures.39

       (C) Administer and supervise the allocation and distribution40
of all state and federal funds for public school education under41
the provisions of law, and may prescribe such systems of42
accounting as are necessary and proper to this function. It may43
require county auditors and treasurers, boards of education,44
educational service center governing boards, treasurers of such45
boards, teachers, and other school officers and employees, or46
other public officers or employees, to file with it such reports47
as it may prescribe relating to such funds, or to the management48
and condition of such funds.49

       (D) Formulate and prescribe minimum standards to be applied50
to all elementary and secondary schools in this state for the51
purpose of requiring a general education of high quality. Such52
standards shall provide adequately for: the licensing of teachers,53
administrators, and other professional personnel and their54
assignment according to training and qualifications; efficient and55
effective instructional materials and equipment, including library56
facilities; the proper organization, administration, and57
supervision of each school, including regulations for preparing58
all necessary records and reports and the preparation of a59
statement of policies and objectives for each school; buildings,60
grounds, health and sanitary facilities and services; admission of61
pupils, and such requirements for their promotion from grade to62
grade as will assure that they are capable and prepared for the63
level of study to which they are certified; requirements for64
graduation; and such other factors as the board finds necessary.65

       In the formulation and administration of such standards for66
nonpublic schools the board shall also consider the particular67
needs, methods and objectives of those schools, provided they do68
not conflict with the provision of a general education of a high69
quality and provided that regular procedures shall be followed for70
promotion from grade to grade of pupils who have met the71
educational requirements prescribed.72

       (E) Formulate and prescribe minimum standards for driver73
education courses conducted at high schools in the state or by74
educational service centers or joint vocational school district75
boards of education. In the formulation of standards for driver76
education courses, the board shall call upon the director of77
public safety for advice and assistance. The standards shall78
require twenty-four hours of classroom instruction, and eight79
hours of actual behind-the-wheel instruction conducted on public80
streets and highways of this state, but shall not require any81
additional hours of observation within a vehicle. The board shall82
require energy conservation information as part of the driver83
education curriculum. Such information shall include, but need84
not be limited to, the identification of inefficient driving85
techniques and improper maintenance as they relate to decreased86
gas mileage, information regarding the costs and benefits of87
different modes of travel, and information concerning relative88
fuel economy and life-cycle costs of new automobile purchases. The89
board also shall require financial responsibility information as90
part of the driver education curriculum. In addition, the board91
shall require that of the twenty-four hours of classroom92
instruction prescribed by this division, thirty minutes of that93
time be devoted to anatomical gifts and anatomical gift94
procedures. The board also may require as part of the health and95
driver education curriculacurriculum information developed under96
section 2108.15 of the Revised Code promoting the donation of97
anatomical gifts pursuant to Chapter 2108. of the Revised Code and98
may provide the information to high schools, educational service99
centers, and joint vocational school district boards of education.100

       (F) Prepare and submit annually to the governor and the101
general assembly a report on the status, needs, and major problems102
of the public schools of the state, with recommendations for103
necessary legislative action and a ten-year projection of the104
state's public and nonpublic school enrollment, by year and by105
grade level;106

       (G) Prepare and submit to the director of budget and107
management the biennial budgetary requests of the state board of108
education, for its agencies and for the public schools of the109
state;110

       (H) Cooperate with federal, state, and local agencies111
concerned with the health and welfare of children and youth of the112
state;113

       (I) Require such reports from school districts and114
educational service centers, school officers, and employees as are115
necessary and desirable. The superintendents and treasurers of116
school districts and educational service centers shall certify as117
to the accuracy of all reports required by law or state board or118
state department of education rules to be submitted by the119
district or educational service center and which contain120
information necessary for calculation of state funding. Any121
superintendent who knowingly falsifies such report shall be122
subject to license revocation pursuant to section 3319.31 of the123
Revised Code.124

       (J) In accordance with Chapter 119. of the Revised Code,125
adopt procedures, standards, and guidelines for the education of126
handicapped children pursuant to Chapter 3323. of the Revised127
Code, including procedures, standards, and guidelines governing128
programs and services operated by county boards of mental129
retardation and developmental disabilities pursuant to section130
3323.09 of the Revised Code;131

       (K) For the purpose of encouraging the development of132
special programs of education for academically gifted children,133
employ competent persons to analyze and publish data, promote134
research, advise and counsel with boards of education, and135
encourage the training of teachers in the special instruction of136
gifted children. The board may provide financial assistance out137
of any funds appropriated for this purpose to boards of education138
and educational service center governing boards for developing and139
conducting programs of education for academically gifted children.140

       (L) Require that all public schools emphasize and encourage,141
within existing units of study, the teaching of energy and142
resource conservation as recommended to each district board of143
education by leading business persons involved in energy144
production and conservation, beginning in the primary grades;145

       (M) Formulate and prescribe minimum standards requiring the146
use of phonics as a technique in the teaching of reading in grades147
kindergarten through three. In addition, the state board shall148
provide in-service training programs for teachers on the use of149
phonics as a technique in the teaching of reading in grades150
kindergarten through three.151

       (N) Develop and modify as necessary a state plan for152
technology to encourage and promote the use of technological153
advancements in educational settings.154

       The board may adopt rules necessary for carrying out any155
function imposed on it by law, and may provide rules as are156
necessary for its government and the government of its employees,157
and may delegate to the superintendent of public instruction the158
management and administration of any function imposed on it by159
law. It may provide for the appointment of board members to serve160
on temporary committees established by the board for such purposes161
as are necessary. Permanent or standing committees shall not be162
created.163

       Sec. 4508.02.  (A) The director of public safety, subject to164
Chapter 119. of the Revised Code, shall adopt and prescribe such165
rules concerning the administration and enforcement of this166
chapter as are necessary to protect the public. The director167
shall inspect the school facilities and equipment of applicants168
and licensees and examine applicants for instructor's licenses.169

       (B) The director shall administer and enforce this chapter,170
and may call upon the state superintendent of public instruction171
for assistance in developing and formulating the rules for172
training beginning drivers.173

       (C) The rules shall require twenty-four hours of classroom174
instruction of which thirty minutes shall be devoted to anatomical175
gifts and anatomical gift procedures, and eight hours of actual176
behind-the-wheel instruction conducted on public streets and177
highways of this state for all beginning drivers of noncommercial178
motor vehicles who are under age eighteen.179

       (D) The rules shall state the minimum hours for classroom180
and behind-the-wheel instruction required for beginning drivers of181
commercial trucks, commercial cars, buses, and commercial182
tractors, trailers, and semi-trailers.183

       Section 2. That existing sections 3301.07 and 4508.02 of the184
Revised Code are hereby repealed.185