As Reported by the House Education Committee

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


REPRESENTATIVES Buehrer, Seitz, White, Otterman, Sullivan, Redfern, Callender, Setzer, Seaver, Barrett, Carano, Woodard, Webster, Calvert, Hartnett, Fedor



A BILL
To amend sections 3301.07 and 4508.02 and to enact1
section 5.2223 of the Revised Code to require2
certain driver education courses to include thirty3
minutes of instruction relating to anatomical gifts4
and anatomical gift procedures and to designate5
March as "Eye Donor Month in Ohio."6


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

       Section 1. That sections 3301.07 and 4508.02 be amended and7
section 5.2223 of the Revised Code be enacted to read as follows:8

       Sec. 5.2223. The month of March is designated as "Eye Donor9
Month in Ohio."10

       Sec. 3301.07.  The state board of education shall exercise11
under the acts of the general assembly general supervision of the12
system of public education in the state. In addition to the13
powers otherwise imposed on the state board under the provisions14
of law, the board shall have the following powers:15

       (A) Exercise policy forming, planning, and evaluative16
functions for the public schools of the state, and for adult17
education, except as otherwise provided by law;18

       (B) Exercise leadership in the improvement of public19
education in this state, and administer the educational policies20
of this state relating to public schools, and relating to21
instruction and instructional material, building and equipment,22
transportation of pupils, administrative responsibilities of23
school officials and personnel, and finance and organization of24
school districts, educational service centers, and territory.25
Consultative and advisory services in such matters shall be26
provided by the board to school districts and educational service27
centers of this state. The board also shall develop a standard of28
financial reporting which shall be used by all school districts29
and educational service centers to make their financial30
information available to the public in a format understandable by31
the average citizen and provide year-to-year comparisons for at32
least five years. The format shall show, among other things,33
district and educational service center revenue by source;34
expenditures for salaries, wages, and benefits of employees,35
showing such amounts separately for classroom teachers, other36
employees required to hold licenses issued pursuant to sections37
3319.22 to 3319.31 of the Revised Code, and all other employees;38
expenditures other than for personnel, by category, including39
utilities, textbooks and other educational materials, equipment,40
permanent improvements, pupil transportation, extracurricular41
athletics, and other extracurricular activities; and per pupil42
expenditures.43

       (C) Administer and supervise the allocation and distribution44
of all state and federal funds for public school education under45
the provisions of law, and may prescribe such systems of46
accounting as are necessary and proper to this function. It may47
require county auditors and treasurers, boards of education,48
educational service center governing boards, treasurers of such49
boards, teachers, and other school officers and employees, or50
other public officers or employees, to file with it such reports51
as it may prescribe relating to such funds, or to the management52
and condition of such funds.53

       (D) Formulate and prescribe minimum standards to be applied54
to all elementary and secondary schools in this state for the55
purpose of requiring a general education of high quality. Such56
standards shall provide adequately for: the licensing of teachers,57
administrators, and other professional personnel and their58
assignment according to training and qualifications; efficient and59
effective instructional materials and equipment, including library60
facilities; the proper organization, administration, and61
supervision of each school, including regulations for preparing62
all necessary records and reports and the preparation of a63
statement of policies and objectives for each school; buildings,64
grounds, health and sanitary facilities and services; admission of65
pupils, and such requirements for their promotion from grade to66
grade as will assure that they are capable and prepared for the67
level of study to which they are certified; requirements for68
graduation; and such other factors as the board finds necessary.69

       In the formulation and administration of such standards for70
nonpublic schools the board shall also consider the particular71
needs, methods and objectives of those schools, provided they do72
not conflict with the provision of a general education of a high73
quality and provided that regular procedures shall be followed for74
promotion from grade to grade of pupils who have met the75
educational requirements prescribed.76

       (E) Formulate and prescribe minimum standards for driver77
education courses conducted at high schools in the state or by78
educational service centers or joint vocational school district79
boards of education. In the formulation of standards for driver80
education courses, the board shall call upon the director of81
public safety for advice and assistance. The standards shall82
require twenty-four hours of classroom instruction, and eight83
hours of actual behind-the-wheel instruction conducted on public84
streets and highways of this state, but shall not require any85
additional hours of observation within a vehicle. The board shall86
require energy conservation information as part of the driver87
education curriculum. Such information shall include, but need88
not be limited to, the identification of inefficient driving89
techniques and improper maintenance as they relate to decreased90
gas mileage, information regarding the costs and benefits of91
different modes of travel, and information concerning relative92
fuel economy and life-cycle costs of new automobile purchases. The93
board also shall require financial responsibility information as94
part of the driver education curriculum. In addition, the board95
shall require that of the twenty-four hours of classroom96
instruction prescribed by this division, thirty minutes of that97
time be devoted to anatomical gifts and anatomical gift98
procedures. The board also may require as part of the health and99
driver education curriculacurriculum information developed under100
section 2108.15 of the Revised Code promoting the donation of101
anatomical gifts pursuant to Chapter 2108. of the Revised Code and102
may provide the information to high schools, educational service103
centers, and joint vocational school district boards of education.104

       (F) Prepare and submit annually to the governor and the105
general assembly a report on the status, needs, and major problems106
of the public schools of the state, with recommendations for107
necessary legislative action and a ten-year projection of the108
state's public and nonpublic school enrollment, by year and by109
grade level;110

       (G) Prepare and submit to the director of budget and111
management the biennial budgetary requests of the state board of112
education, for its agencies and for the public schools of the113
state;114

       (H) Cooperate with federal, state, and local agencies115
concerned with the health and welfare of children and youth of the116
state;117

       (I) Require such reports from school districts and118
educational service centers, school officers, and employees as are119
necessary and desirable. The superintendents and treasurers of120
school districts and educational service centers shall certify as121
to the accuracy of all reports required by law or state board or122
state department of education rules to be submitted by the123
district or educational service center and which contain124
information necessary for calculation of state funding. Any125
superintendent who knowingly falsifies such report shall be126
subject to license revocation pursuant to section 3319.31 of the127
Revised Code.128

       (J) In accordance with Chapter 119. of the Revised Code,129
adopt procedures, standards, and guidelines for the education of130
handicapped children pursuant to Chapter 3323. of the Revised131
Code, including procedures, standards, and guidelines governing132
programs and services operated by county boards of mental133
retardation and developmental disabilities pursuant to section134
3323.09 of the Revised Code;135

       (K) For the purpose of encouraging the development of136
special programs of education for academically gifted children,137
employ competent persons to analyze and publish data, promote138
research, advise and counsel with boards of education, and139
encourage the training of teachers in the special instruction of140
gifted children. The board may provide financial assistance out141
of any funds appropriated for this purpose to boards of education142
and educational service center governing boards for developing and143
conducting programs of education for academically gifted children.144

       (L) Require that all public schools emphasize and encourage,145
within existing units of study, the teaching of energy and146
resource conservation as recommended to each district board of147
education by leading business persons involved in energy148
production and conservation, beginning in the primary grades;149

       (M) Formulate and prescribe minimum standards requiring the150
use of phonics as a technique in the teaching of reading in grades151
kindergarten through three. In addition, the state board shall152
provide in-service training programs for teachers on the use of153
phonics as a technique in the teaching of reading in grades154
kindergarten through three.155

       (N) Develop and modify as necessary a state plan for156
technology to encourage and promote the use of technological157
advancements in educational settings.158

       The board may adopt rules necessary for carrying out any159
function imposed on it by law, and may provide rules as are160
necessary for its government and the government of its employees,161
and may delegate to the superintendent of public instruction the162
management and administration of any function imposed on it by163
law. It may provide for the appointment of board members to serve164
on temporary committees established by the board for such purposes165
as are necessary. Permanent or standing committees shall not be166
created.167

       Sec. 4508.02.  (A) The director of public safety, subject to168
Chapter 119. of the Revised Code, shall adopt and prescribe such169
rules concerning the administration and enforcement of this170
chapter as are necessary to protect the public. The director171
shall inspect the school facilities and equipment of applicants172
and licensees and examine applicants for instructor's licenses.173

       (B) The director shall administer and enforce this chapter,174
and may call upon the state superintendent of public instruction175
for assistance in developing and formulating the rules for176
training beginning drivers.177

       (C) The rules shall require twenty-four hours of classroom178
instruction of which thirty minutes shall be devoted to anatomical179
gifts and anatomical gift procedures, and eight hours of actual180
behind-the-wheel instruction conducted on public streets and181
highways of this state for all beginning drivers of noncommercial182
motor vehicles who are under age eighteen.183

       (D) The rules shall state the minimum hours for classroom184
and behind-the-wheel instruction required for beginning drivers of185
commercial trucks, commercial cars, buses, and commercial186
tractors, trailers, and semi-trailers.187

       Section 2. That existing sections 3301.07 and 4508.02 of the188
Revised Code are hereby repealed.189