REPRESENTATIVES Buehrer, Seitz, White, Otterman, Sullivan, Redfern, Callender, Setzer, Seaver, Barrett, Carano, Woodard, Webster, Calvert, Hartnett, Fedor, Perry, Hagan, Olman, Latta, Schuring, Flowers, Hoops, Schneider, Ogg, Sferra, Niehaus, Distel, Strahorn, Lendrum, G. Smith, Key, Damschroder, Latell, Clancy, Salerno, Carmichael, Wolpert, Driehaus, Jolivette, Schmidt, Cirelli, Coates, Beatty, Sykes, Brown

To amend sections 2108.17, 3301.07, 3301.0714,

1

3301.17, 3313.201, 3313.641, 3315.091, 3317.11,

2

4507.05, 4507.21, 4508.01, 4508.02, 4508.07, and

3

5502.01 and to enact sections 5.2223 and 4508.021

4

of the Revised Code to transfer jurisdiction over

5

driver education courses in high schools from the

6

Department of Education to the Department of Public

7

Safety; to require school districts and educational

8

service centers that offer driver education courses

9

to meet the same standards as private driving

10

training schools after December 31, 2003; to

11

prohibit awarding course credit for driver

12

education courses conducted by high schools after

13

December 31, 2003; to require driver education

14

courses to include instruction or dissemination of

15

information relating to anatomical gifts and

16

anatomical gift procedures; to specifically

17

prohibit the reporting of a student's name,

18

address, and social security number to the

19

Department of Education under the Education

20

Management Information System; to transfer $50,000

21

from the Department of Education to the Department

22

of Public Safety in fiscal year 2003; and to

23

designate March as "Eye Donor Month in Ohio."

24

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

Section 1. That sections 2108.17, 3301.07, 3301.0714,	25
3301.17, 3313.201, 3313.641, 3315.091, 3317.11, 4507.05, 4507.21,	26
4508.01, 4508.02, 4508.07, and 5502.01 be amended and sections	27
5.2223 and 4508.021 of the Revised Code be enacted to read as	28
follows:	29

Sec. 5.2223. The month of March is designated as "Eye Donor	30
Month in Ohio."	31

Sec. 2108.17.  (A) There is hereby created within the	32
department of health the second chance trust fund advisory	33
committee, consisting of eleven members. The members shall	34
include the following:	35

(1) The chairs of the standing committees of the house of	36
representatives and senate with primary responsibilities for	37
health legislation;	38

(2) One representative of each of the following appointed by	39
the director of health:	40

(a) An Ohio organ procurement organization that is a member	41
of the Organ Procurement and Transplantation Network;	42

(b) An Ohio tissue bank that is an accredited member of the	43
American association of tissue banks and is not affiliated with an	44
organ procurement organization;	45

(c) An Ohio eye bank that is certified by the eye bank	46
association of America and is not affiliated with an organ	47
procurement organization;	48

(d) The Ohio solid organ transplantation consortium;

49

(e) The Ohio hospital association;

50

(f) The department of health.

51

(3) Except as provided in division (D) of this section,	52
three members of the public appointed by the director who are not	53
affiliated with recovery agencies.	54

(B) No two members appointed under divisions (A)(2)(a), (b),	55
and (c) of this section shall be from the same organ procurement	56
and distribution service area designated by the United States	57
secretary of health and human services.	58

(C) Of the members first appointed under division (A)(2) of	59
this section, the representatives of the organ procurement	60
organization, tissue procurement organization, and eye bank shall	61
serve terms of three years; the representatives of the department	62
of health and Ohio solid organ transplantation consortium shall	63
serve terms of two years; and the member representing the Ohio	64
hospital association shall serve a term of one year. Thereafter,	65
all members shall serve terms of three years.	66

(D) The members initially appointed under division (A)(3) of	67
this section shall be representatives of the following:	68

(1) An organ procurement organization in Ohio designated by	69
the United States secretary of health and human services that is	70
not represented by the appointment under division (A)(2)(a) of	71
this section;	72

(2) An Ohio tissue bank that is an accredited member of the	73
American association of tissue banks, not affiliated with an organ	74
procurement organization, and not represented by the appointment	75
under division (A)(2)(b) of this section;	76

(3) An Ohio eye bank that is certified by the eye bank	77
association of America, not affiliated with an organ procurement	78
organization, and not represented by the appointment under	79
division (A)(2)(c) of this section.	80

The three members shall serve until the proposed rules under	81
section 2108.18 of the Revised Code are formulated. After the	82
initial appointments, the director shall appoint three members of	83
the public who are not affiliated with recovery agencies to serve	84
terms of three years.	85

(E) No individual appointed under division (A)(2) or (3) of	86
this section shall serve more than two consecutive terms,	87
regardless of whether the terms were full or partial terms. Each	88
member shall serve from the date of appointment until the member's	89
successor is appointed. All vacancies on the committee shall be	90
filled for the balance of the unexpired term in the same manner as	91
the original appointment.	92

(F) The committee shall annually elect a chairperson from	93
among its members and shall establish procedures for the	94
governance of its operations. The committee shall meet at least	95
semiannually. It shall submit an annual report of its activities	96
and recommendations to the director of health.	97

(G) Committee members shall serve without compensation, but	98
shall be reimbursed from the second chance trust fund for all	99
actual and necessary expenses incurred in the performance of	100
official duties.	101

(H) The committee shall do all of the following:

102

(1) Make recommendations to the director of health for	103
projects for funding from the second chance trust fund;	104

(2) Consult with the registrar of motor vehicles in	105
formulating proposed rules under division (C)(1) of section	106
2108.18 of the Revised Code;	107

(3) As requested, consult with the registrar or director on	108
other matters related to organ donation;	109

(4) Approve brochures, written materials, and electronic	110
media regarding anatomical gifts and anatomical gift procedures	111
for ues in driver training schools pursuant to section 4508.021 of	112
the Revised Code.	113

(I) The committee is not subject to section 101.84 of the	114
Revised Code.	115

Sec. 3301.07.  The state board of education shall exercise	116
under the acts of the general assembly general supervision of the	117
system of public education in the state. In addition to the	118
powers otherwise imposed on the state board under the provisions	119
of law, the board shall have the following powers:	120

(A) Exercise policy forming, planning, and evaluative	121
functions for the public schools of the state, and for adult	122
education, except as otherwise provided by law;	123

(B) Exercise leadership in the improvement of public	124
education in this state, and administer the educational policies	125
of this state relating to public schools, and relating to	126
instruction and instructional material, building and equipment,	127
transportation of pupils, administrative responsibilities of	128
school officials and personnel, and finance and organization of	129
school districts, educational service centers, and territory.	130
Consultative and advisory services in such matters shall be	131
provided by the board to school districts and educational service	132
centers of this state. The board also shall develop a standard of	133
financial reporting which shall be used by all school districts	134
and educational service centers to make their financial	135
information available to the public in a format understandable by	136
the average citizen and provide year-to-year comparisons for at	137
least five years. The format shall show, among other things,	138
district and educational service center revenue by source;	139
expenditures for salaries, wages, and benefits of employees,	140
showing such amounts separately for classroom teachers, other	141
employees required to hold licenses issued pursuant to sections	142
3319.22 to 3319.31 of the Revised Code, and all other employees;	143
expenditures other than for personnel, by category, including	144
utilities, textbooks and other educational materials, equipment,	145
permanent improvements, pupil transportation, extracurricular	146
athletics, and other extracurricular activities; and per pupil	147
expenditures.	148

(C) Administer and supervise the allocation and distribution	149
of all state and federal funds for public school education under	150
the provisions of law, and may prescribe such systems of	151
accounting as are necessary and proper to this function. It may	152
require county auditors and treasurers, boards of education,	153
educational service center governing boards, treasurers of such	154
boards, teachers, and other school officers and employees, or	155
other public officers or employees, to file with it such reports	156
as it may prescribe relating to such funds, or to the management	157
and condition of such funds.	158

(D) Formulate and prescribe minimum standards to be applied	159
to all elementary and secondary schools in this state for the	160
purpose of requiring a general education of high quality. Such	161
standards shall provide adequately for: the licensing of teachers,	162
administrators, and other professional personnel and their	163
assignment according to training and qualifications; efficient and	164
effective instructional materials and equipment, including library	165
facilities; the proper organization, administration, and	166
supervision of each school, including regulations for preparing	167
all necessary records and reports and the preparation of a	168
statement of policies and objectives for each school; buildings,	169
grounds, health and sanitary facilities and services; admission of	170
pupils, and such requirements for their promotion from grade to	171
grade as will assure that they are capable and prepared for the	172
level of study to which they are certified; requirements for	173
graduation; and such other factors as the board finds necessary.	174

In the formulation and administration of such standards for	175
nonpublic schools the board shall also consider the particular	176
needs, methods and objectives of those schools, provided they do	177
not conflict with the provision of a general education of a high	178
quality and provided that regular procedures shall be followed for	179
promotion from grade to grade of pupils who have met the	180
educational requirements prescribed.	181

(E) Formulate and prescribe minimum standards for driver	182
education courses conducted at high schools in the state or by	183
educational service centers or joint vocational school district	184
boards of education. In the formulation of standards for driver	185
education courses, the board shall call upon the director of	186
public safety for advice and assistance. The standards shall	187
require twenty-four hours of classroom instruction, and eight	188
hours of actual behind-the-wheel instruction conducted on public	189
streets and highways of this state, but shall not require any	190
additional hours of observation within a vehicle. The board shall	191
require energy conservation information as part of the driver	192
education curriculum. Such information shall include, but need	193
not be limited to, the identification of inefficient driving	194
techniques and improper maintenance as they relate to decreased	195
gas mileage, information regarding the costs and benefits of	196
different modes of travel, and information concerning relative	197
fuel economy and life-cycle costs of new automobile purchases. The	198
board also shall require financial responsibility information as	199
part of the driver education curriculum. The board also mayMay	200
require as part of the health and driver education curricula	201
curriculum information developed under section 2108.15 of the	202
Revised Code promoting the donation of anatomical gifts pursuant	203
to Chapter 2108. of the Revised Code and may provide the	204
information to high schools, educational service centers, and	205
joint vocational school district boards of education.;	206

(F) Prepare and submit annually to the governor and the	207
general assembly a report on the status, needs, and major problems	208
of the public schools of the state, with recommendations for	209
necessary legislative action and a ten-year projection of the	210
state's public and nonpublic school enrollment, by year and by	211
grade level;	212

(G) Prepare and submit to the director of budget and	213
management the biennial budgetary requests of the state board of	214
education, for its agencies and for the public schools of the	215
state;	216

(H) Cooperate with federal, state, and local agencies	217
concerned with the health and welfare of children and youth of the	218
state;	219

(I) Require such reports from school districts and	220
educational service centers, school officers, and employees as are	221
necessary and desirable. The superintendents and treasurers of	222
school districts and educational service centers shall certify as	223
to the accuracy of all reports required by law or state board or	224
state department of education rules to be submitted by the	225
district or educational service center and which contain	226
information necessary for calculation of state funding. Any	227
superintendent who knowingly falsifies such report shall be	228
subject to license revocation pursuant to section 3319.31 of the	229
Revised Code.	230

(J) In accordance with Chapter 119. of the Revised Code,	231
adopt procedures, standards, and guidelines for the education of	232
handicapped children pursuant to Chapter 3323. of the Revised	233
Code, including procedures, standards, and guidelines governing	234
programs and services operated by county boards of mental	235
retardation and developmental disabilities pursuant to section	236
3323.09 of the Revised Code;	237

(K) For the purpose of encouraging the development of	238
special programs of education for academically gifted children,	239
employ competent persons to analyze and publish data, promote	240
research, advise and counsel with boards of education, and	241
encourage the training of teachers in the special instruction of	242
gifted children. The board may provide financial assistance out	243
of any funds appropriated for this purpose to boards of education	244
and educational service center governing boards for developing and	245
conducting programs of education for academically gifted children.	246

(L) Require that all public schools emphasize and encourage,	247
within existing units of study, the teaching of energy and	248
resource conservation as recommended to each district board of	249
education by leading business persons involved in energy	250
production and conservation, beginning in the primary grades;	251

(M) Formulate and prescribe minimum standards requiring the	252
use of phonics as a technique in the teaching of reading in grades	253
kindergarten through three. In addition, the state board shall	254
provide in-service training programs for teachers on the use of	255
phonics as a technique in the teaching of reading in grades	256
kindergarten through three.	257

(N) Develop and modify as necessary a state plan for	258
technology to encourage and promote the use of technological	259
advancements in educational settings.	260

The board may adopt rules necessary for carrying out any	261
function imposed on it by law, and may provide rules as are	262
necessary for its government and the government of its employees,	263
and may delegate to the superintendent of public instruction the	264
management and administration of any function imposed on it by	265
law. It may provide for the appointment of board members to serve	266
on temporary committees established by the board for such purposes	267
as are necessary. Permanent or standing committees shall not be	268
created.	269

Sec. 3301.0714.  (A) The state board of education shall	270
adopt rules for a statewide education management information	271
system. The rules shall require the state board to establish	272
guidelines for the establishment and maintenance of the system in	273
accordance with this section and the rules adopted under this	274
section. The guidelines shall include:	275

(1) Standards identifying and defining the types of data in	276
the system in accordance with divisions (B) and (C) of this	277
section;	278

(2) Procedures for annually collecting and reporting the	279
data to the state board in accordance with division (D) of this	280
section;	281

(3) Procedures for annually compiling the data in accordance	282
with division (G) of this section;	283

(4) Procedures for annually reporting the data to the public	284
in accordance with division (H) of this section.	285

(B) The guidelines adopted under this section shall require	286
the data maintained in the education management information system	287
to include at least the following:	288

(1) Student participation and performance data, for each	289
grade in each school district as a whole and for each grade in	290
each school building in each school district, that includes:	291

(a) The numbers of students receiving each category of	292
instructional service offered by the school district, such as	293
regular education instruction, vocational education instruction,	294
specialized instruction programs or enrichment instruction that is	295
part of the educational curriculum, instruction for gifted	296
students, instruction for handicapped students, and remedial	297
instruction. The guidelines shall require instructional services	298
under this division to be divided into discrete categories if an	299
instructional service is limited to a specific subject, a specific	300
type of student, or both, such as regular instructional services	301
in mathematics, remedial reading instructional services,	302
instructional services specifically for students gifted in	303
mathematics or some other subject area, or instructional services	304
for students with a specific type of handicap. The categories of	305
instructional services required by the guidelines under this	306
division shall be the same as the categories of instructional	307
services used in determining cost units pursuant to division	308
(C)(3) of this section.	309

(b) The numbers of students receiving support or	310
extracurricular services for each of the support services or	311
extracurricular programs offered by the school district, such as	312
counseling services, health services, and extracurricular sports	313
and fine arts programs. The categories of services required by	314
the guidelines under this division shall be the same as the	315
categories of services used in determining cost units pursuant to	316
division (C)(4)(a) of this section.	317

(c) Average student grades in each subject in grades nine	318
through twelve;	319

(d) Academic achievement levels as assessed by the testing	320
of student achievement under sections 3301.0710 and 3301.0711 of	321
the Revised Code;	322

(e) The number of students designated as having a	323
handicapping condition pursuant to division (C)(1) of section	324
3301.0711 of the Revised Code;	325

(f) The numbers of students reported to the state board	326
pursuant to division (C)(2) of section 3301.0711 of the Revised	327
Code;	328

(g) Attendance rates and the average daily attendance for	329
the year. For purposes of this division, a student shall be	330
counted as present for any field trip that is approved by the	331
school administration.	332

(h) Expulsion rates;

333

(i) Suspension rates;

334

(j) The percentage of students receiving corporal	335
punishment;	336

(k) Dropout rates;

337

(l) Rates of retention in grade;

338

(m) For pupils in grades nine through twelve, the average	339
number of carnegie units, as calculated in accordance with state	340
board of education rules;	341

(n) Graduation rates, to be calculated in a manner specified	342
by the department of education that reflects the rate at which	343
students who were in the ninth grade three years prior to the	344
current year complete school and that is consistent with	345
nationally accepted reporting requirements;	346

(o) Results of diagnostic assessments administered to	347
kindergarten students as required under section 3301.0715 of the	348
Revised Code to permit a comparison of the academic readiness of	349
kindergarten students. However, no district shall be required to	350
report to the department the results of any diagnostic assessment	351
administered to a kindergarten student if the parent of that	352
student requests the district not to report those results.	353

(2) Personnel and classroom enrollment data for each school	354
district, including:	355

(a) The total numbers of licensed employees and nonlicensed	356
employees and the numbers of full-time equivalent licensed	357
employees and nonlicensed employees providing each category of	358
instructional service, instructional support service, and	359
administrative support service used pursuant to division (C)(3) of	360
this section. The guidelines adopted under this section shall	361
require these categories of data to be maintained for the school	362
district as a whole and, wherever applicable, for each grade in	363
the school district as a whole, for each school building as a	364
whole, and for each grade in each school building.	365

(b) The total number of employees and the number of	366
full-time equivalent employees providing each category of service	367
used pursuant to divisions (C)(4)(a) and (b) of this section, and	368
the total numbers of licensed employees and nonlicensed employees	369
and the numbers of full-time equivalent licensed employees and	370
nonlicensed employees providing each category used pursuant to	371
division (C)(4)(c) of this section. The guidelines adopted under	372
this section shall require these categories of data to be	373
maintained for the school district as a whole and, wherever	374
applicable, for each grade in the school district as a whole, for	375
each school building as a whole, and for each grade in each school	376
building.	377

(c) The total number of regular classroom teachers teaching	378
classes of regular education and the average number of pupils	379
enrolled in each such class, in each of grades kindergarten	380
through five in the district as a whole and in each school	381
building in the school district.	382

(3)(a) Student demographic data for each school district,	383
including information regarding the gender ratio of the school	384
district's pupils, the racial make-up of the school district's	385
pupils, and an appropriate measure of the number of the school	386
district's pupils who reside in economically disadvantaged	387
households. The demographic data shall be collected in a manner	388
to allow correlation with data collected under division (B)(1) of	389
this section. Categories for data collected pursuant to division	390
(B)(3) of this section shall conform, where appropriate, to	391
standard practices of agencies of the federal government.	392

(b) With respect to each student entering kindergarten,	393
whether the student previously participated in a public preschool	394
program, a private preschool program, or a head start program, and	395
the number of years the student participated in each of these	396
programs.	397

(C) The education management information system shall	398
include cost accounting data for each district as a whole and for	399
each school building in each school district. The guidelines	400
adopted under this section shall require the cost data for each	401
school district to be maintained in a system of mutually exclusive	402
cost units and shall require all of the costs of each school	403
district to be divided among the cost units. The guidelines shall	404
require the system of mutually exclusive cost units to include at	405
least the following:	406

(1) Administrative costs for the school district as a whole.	407
The guidelines shall require the cost units under this division	408
(C)(1) to be designed so that each of them may be compiled and	409
reported in terms of average expenditure per pupil in formula ADM	410
in the school district, as determined pursuant to section 3317.03	411
of the Revised Code.	412

(2) Administrative costs for each school building in the	413
school district. The guidelines shall require the cost units	414
under this division (C)(2) to be designed so that each of them may	415
be compiled and reported in terms of average expenditure per	416
full-time equivalent pupil receiving instructional or support	417
services in each building.	418

(3) Instructional services costs for each category of	419
instructional service provided directly to students and required	420
by guidelines adopted pursuant to division (B)(1)(a) of this	421
section. The guidelines shall require the cost units under	422
division (C)(3) of this section to be designed so that each of	423
them may be compiled and reported in terms of average expenditure	424
per pupil receiving the service in the school district as a whole	425
and average expenditure per pupil receiving the service in each	426
building in the school district and in terms of a total cost for	427
each category of service and, as a breakdown of the total cost, a	428
cost for each of the following components:	429

(a) The cost of each instructional services category	430
required by guidelines adopted under division (B)(1)(a) of this	431
section that is provided directly to students by a classroom	432
teacher;	433

(b) The cost of the instructional support services, such as	434
services provided by a speech-language pathologist, classroom	435
aide, multimedia aide, or librarian, provided directly to students	436
in conjunction with each instructional services category;	437

(c) The cost of the administrative support services related	438
to each instructional services category, such as the cost of	439
personnel that develop the curriculum for the instructional	440
services category and the cost of personnel supervising or	441
coordinating the delivery of the instructional services category.	442

(4) Support or extracurricular services costs for each	443
category of service directly provided to students and required by	444
guidelines adopted pursuant to division (B)(1)(b) of this section.	445
The guidelines shall require the cost units under division (C)(4)	446
of this section to be designed so that each of them may be	447
compiled and reported in terms of average expenditure per pupil	448
receiving the service in the school district as a whole and	449
average expenditure per pupil receiving the service in each	450
building in the school district and in terms of a total cost for	451
each category of service and, as a breakdown of the total cost, a	452
cost for each of the following components:	453

(a) The cost of each support or extracurricular services	454
category required by guidelines adopted under division (B)(1)(b)	455
of this section that is provided directly to students by a	456
licensed employee, such as services provided by a guidance	457
counselor or any services provided by a licensed employee under a	458
supplemental contract;	459

(b) The cost of each such services category provided	460
directly to students by a nonlicensed employee, such as janitorial	461
services, cafeteria services, or services of a sports trainer;	462

(c) The cost of the administrative services related to each	463
services category in division (C)(4)(a) or (b) of this section,	464
such as the cost of any licensed or nonlicensed employees that	465
develop, supervise, coordinate, or otherwise are involved in	466
administering or aiding the delivery of each services category.	467

(D)(1) The guidelines adopted under this section shall	468
require school districts to collect information about individual	469
students, staff members, or both in connection with any data	470
required by division (B) or (C) of this section or other reporting	471
requirements established in the Revised Code. The guidelines may	472
also require school districts to report information about	473
individual staff members in connection with any data required by	474
division (B) or (C) of this section or other reporting	475
requirements established in the Revised Code. The guidelines	476
shall not authorize school districts to request social security	477
numbers of individual students. The guidelines shall prohibit the	478
reporting under this section of any personally identifiable	479
information about any student, including a student's name or,	480
address, and social security number to the state board of	481
education or the department of education. The guidelines shall	482
also prohibit the reporting under this section of any personally	483
identifiable information about any student, except for the purpose	484
of assigning the data verification code required by division	485
(D)(2) of this section, to any other person unless such person is	486
employed by the school district or the data acquisition site	487
operated under section 3301.075 of the Revised Code and is	488
authorized by the district or acquisition site to have access to	489
such information. The guidelines may require school districts to	490
provide the social security numbers of individual staff members.	491

(2) The guidelines shall provide for each school district or	492
community school to assign a data verification code that is unique	493
on a statewide basis over time to each student whose initial Ohio	494
enrollment is in that district or school and to report all	495
required individual student data for that student utilizing such	496
code. The guidelines shall also provide for assigning data	497
verification codes to all students enrolled in districts or	498
community schools on the effective date of the guidelines	499
established under this section.	500

Individual student data shall be reported to the department	501
through the data acquisition sites utilizing the code but at no	502
time shall the state board or the department have access to	503
information that would enable any data verification code to be	504
matched to personally identifiable student data.	505

Each school district shall ensure that the data verification	506
code is included in the student's records reported to any	507
subsequent school district or community school in which the	508
student enrolls and shall remove all references to the code in any	509
records retained in the district or school that pertain to any	510
student no longer enrolled. Any such subsequent district or	511
school shall utilize the same identifier in its reporting of data	512
under this section.	513

(E) The guidelines adopted under this section may require	514
school districts to collect and report data, information, or	515
reports other than that described in divisions (A), (B), and (C)	516
of this section for the purpose of complying with other reporting	517
requirements established in the Revised Code. The other data,	518
information, or reports may be maintained in the education	519
management information system but are not required to be compiled	520
as part of the profile formats required under division (G) of this	521
section or the annual statewide report required under division (H)	522
of this section.	523

(F) Beginning with the school year that begins July 1, 1991,	524
the board of education of each school district shall annually	525
collect and report to the state board, in accordance with the	526
guidelines established by the board, the data required pursuant to	527
this section. A school district may collect and report these data	528
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	529

(G) The state board shall, in accordance with the procedures	530
it adopts, annually compile the data reported by each school	531
district pursuant to division (D) of this section. The state	532
board shall design formats for profiling each school district as a	533
whole and each school building within each district and shall	534
compile the data in accordance with these formats. These profile	535
formats shall:	536

(1) Include all of the data gathered under this section in a	537
manner that facilitates comparison among school districts and	538
among school buildings within each school district;	539

(2) Present the data on academic achievement levels as	540
assessed by the testing of student achievement maintained	541
pursuant to division (B)(1)(e) of this section so that the	542
academic achievement levels of students who are excused from	543
taking any such test pursuant to division (C)(1) of section	544
3301.0711 of the Revised Code are distinguished from the academic	545
achievement levels of students who are not so excused.	546

(H)(1) The state board shall, in accordance with the	547
procedures it adopts, annually prepare a statewide report for all	548
school districts and the general public that includes the profile	549
of each of the school districts developed pursuant to division (G)	550
of this section. Copies of the report shall be sent to each	551
school district.	552

(2) The state board shall, in accordance with the procedures	553
it adopts, annually prepare an individual report for each school	554
district and the general public that includes the profiles of each	555
of the school buildings in that school district developed pursuant	556
to division (G) of this section. Copies of the report shall be	557
sent to the superintendent of the district and to each member of	558
the district board of education.	559

(3) Copies of the reports received from the state board	560
under divisions (H)(1) and (2) of this section shall be made	561
available to the general public at each school district's offices.	562
Each district board of education shall make copies of each report	563
available to any person upon request and payment of a reasonable	564
fee for the cost of reproducing the report. The board shall	565
annually publish in a newspaper of general circulation in the	566
school district, at least twice during the two weeks prior to the	567
week in which the reports will first be available, a notice	568
containing the address where the reports are available and the	569
date on which the reports will be available.	570

(I) Any data that is collected or maintained pursuant to	571
this section and that identifies an individual pupil is not a	572
public record for the purposes of section 149.43 of the Revised	573
Code.	574

(J) As used in this section:

575

(1) "School district" means any city, local, exempted	576
village, or joint vocational school district.	577

(2) "Cost" means any expenditure for operating expenses made	578
by a school district excluding any expenditures for debt	579
retirement except for payments made to any commercial lending	580
institution for any loan approved pursuant to section 3313.483 of	581
the Revised Code.	582

(K) Any person who removes data from the information system	583
established under this section for the purpose of releasing it to	584
any person not entitled under law to have access to such	585
information is subject to section 2913.42 of the Revised Code	586
prohibiting tampering with data.	587

(L) Any time the department of education determines that a	588
school district has taken any of the actions described under	589
division (L)(1), (2), or (3) of this section, it shall make a	590
report of the actions of the district, send a copy of the report	591
to the superintendent of such school district, and maintain a copy	592
of the report in its files:	593

(1) The school district fails to meet any deadline	594
established pursuant to this section for the reporting of any data	595
to the education management information system;	596

(2) The school district fails to meet any deadline	597
established pursuant to this section for the correction of any	598
data reported to the education management information system;	599

(3) The school district reports data to the education	600
management information system in a condition, as determined by the	601
department, that indicates that the district did not make a good	602
faith effort in reporting the data to the system.	603

Any report made under this division shall include	604
recommendations for corrective action by the school district.	605

Upon making a report for the first time in a fiscal year, the	606
department shall withhold ten per cent of the total amount due	607
during that fiscal year under Chapter 3317. of the Revised Code to	608
the school district to which the report applies. Upon making a	609
second report in a fiscal year, the department shall withhold an	610
additional twenty per cent of such total amount due during that	611
fiscal year to the school district to which the report applies.	612
The department shall not release such funds unless it determines	613
that the district has taken corrective action. However, no such	614
release of funds shall occur if the district fails to take	615
corrective action within ninety days of the date upon which the	616
report was made by the department.	617

(M) The department of education, after consultation with the	618
Ohio education computer network, may provide at no cost to school	619
districts uniform computer software for use in reporting data to	620
the education management information system, provided that no	621
school district shall be required to utilize such software to	622
report data to the education management information system if such	623
district is so reporting data in an accurate, complete, and timely	624
manner in a format compatible with that required by the education	625
management information system.	626

(N) The state board of education, in accordance with	627
sections 3319.31 and 3319.311 of the Revised Code, may suspend or	628
revoke a license as defined under division (A) of section 3319.31	629
of the Revised Code that has been issued to any school district	630
employee found to have willfully reported erroneous, inaccurate,	631
or incomplete data to the education management information system.	632

(O) No person shall release or maintain any information	633
about any student in violation of this section. Whoever violates	634
this division is guilty of a misdemeanor of the fourth degree.	635

(P) The department shall disaggregate the data collected	636
under division (B)(1)(o) of this section according to the race and	637
socioeconomic status of the students assessed. No data collected	638
under that division shall be included on the report cards required	639
by section 3302.03 of the Revised Code.	640

(Q) If the department cannot compile any of the information	641
required by division (D)(5) of section 3302.03 of the Revised Code	642
based upon the data collected under this section, the department	643
shall develop a plan and a reasonable timeline for the collection	644
of any data necessary to comply with that division.	645

Sec. 3301.17.  The board of education of each city, exempted	646
village, local, and joint vocational school district may make a	647
driver education course available to high school students enrolled	648
in the district in accordance with rules adopted by the state	649
board of educationChapter 4508. of the Revised Code. No school	650
district making such a course available shall require any pupil to	651
enroll in the course in lieu of taking a training course from a	652
private driver training school licensed under Chapter 4508. of the	653
Revised Codethat chapter. The department of education may	654
contract for the use of public school and educational service	655
center governing board facilities to provide technical assistance	656
for driver education courses where practicable or may provide such	657
assistance at facilities established and operated by the	658
department under the supervision of transportation coordinators.	659

The principal of each high school shall annually give written	660
notice to the pupils enrolled in the high school that they may	661
elect, under a procedure that shall be described in the notice, to	662
take a training course from a licensedprivate driver training	663
school or, if available, enroll in a driver education course made	664
available by the pupil's school district of attendance. No pupil	665
shall receive course credit toward graduation for completing a	666
driver education course conducted by a school district under this	667
section.	668

Sec. 3313.201.  (A) The board of education of each school	669
district shall procure a policy or policies of insurance insuring	670
officers, employees, and pupils of the school district against	671
liability on account of damage or injury to persons and property,	672
including insurance on vehicles operated under a course in drivers	673
education certifiedapproved by the state department of education	674
public safety and including liability on account of death or	675
accident by wrongful act, occasioned by the operation of a motor	676
vehicle, motor vehicles with auxiliary equipment, or all	677
self-propelling equipment or trailers owned or operated by the	678
school district. Each board of education may supplement the	679
policy or policies of insurance with collision, medical payments,	680
comprehensive, and uninsured motorists insurance. Before	681
procuring such insurance each board of education shall adopt a	682
resolution setting forth the amount of insurance to be purchased,	683
the necessity of the insurance, together with a statement of its	684
estimated premium cost. Insurance procured pursuant to this	685
section shall be from one or more recognized insurance companies	686
authorized to do business in this state.	687

(B) This section shall not be construed to affect the	688
ability of any school district to establish and maintain	689
self-insurance programs under the authority conferred by any other	690
section of the Revised Code. Such programs may be established and	691
maintained in combination with, or as an alternative to, any	692
policy or policies of insurance procured under division (A) of	693
this section.	694

Sec. 3313.641.  (A) Notwithstanding the provisions of	695
sections 3313.48 and 3313.64 of the Revised Code, the board of	696
education of a city, exempted village, or local school district	697
may organize and operate a summer school, an evening or day school	698
for adults and out-of-school youth, or technical school or	699
institute for instruction beyond the high school, offer driver	700
education courses as a part of the regular curriculum of the	701
school district in conformity with section 4508.07Chapter 4508.	702
of the Revised Code, or offer postgraduate work in any course of	703
instruction to pupils who have completed the twelfth grade, which	704
may be open to any pupil irrespective of his age upon such terms	705
and upon payment of such tuition as the board prescribes. Courses	706
of instruction in basic literacy may be offered with or without	707
tuition, as the board determines.	708

(B) A board of education that operates an education program	709
pursuant to this section, other than a summer school, that	710
includes courses for which credit may be granted toward the	711
issuance of a high school diploma under section 3313.61 of the	712
Revised Code may, by resolution, authorize the superintendent of	713
the district to assign to the program in accordance with this	714
section, any student who has not successfully completed the	715
curriculum of any high school or the individualized education	716
program developed for the student by any high school pursuant to	717
section 3323.08 of the Revised Code, who is at least eighteen	718
years old, and who is being readmitted to school following	719
expulsion or commitment to the department of youth services.	720
Before making any such assignment, the superintendent or histhe	721
superintendent's designee shall meet with the pupil to determine	722
whether hethe pupil should be so assigned, and shall prepare a	723
report on histhe superintendent's or designee's findings and	724
determination. If based on histhe meeting or histhe designee's	725
report the superintendent finds that the pupil should be placed in	726
a program under this section, the superintendent shall make the	727
assignment. Once assigned to a program, the student shall remain	728
in it until hethe student is reassigned by the superintendent or	729
leaves school. At least once in each academic term, the	730
superintendent or histhe superintendent's designee shall review	731
the program of each student assigned under this section and the	732
superintendent shall, based on the review, make a determination of	733
whether the student should remain in the program or be reassigned.	734
Tuition shall not be charged for the attendance of any student	735
assigned to a program pursuant to this division who is entitled	736
under section 3313.64 of the Revised Code to attend the schools of	737
the district without payment of tuition.	738

Sec. 3315.091.  The boards of education of any city, exempted	739
village, local, or joint vocational school districts or the	740
governing boards of educational service centers may enter into	741
contracts for a term not exceeding one year, upon such terms as	742
each board deems expedient, with each other, or with a private	743
driver training school licensed under section 4508.03 of the	744
Revised Code, for the purpose of providing instruction in driver	745
education under section 3301.17 of the Revised Code. Driver	746
training schools contracting with any high school in the state for	747
the purpose of providing driver education shall meet course	748
content standards of the state board of education adopted pursuant	749
to section 3301.07 of the Revised Code.	750

Sec. 3317.11.  (A) Annually, on or before a date designated	751
by the state board of education, each educational service center	752
governing board shall prepare a budget of operating expenses for	753
the ensuing year for the service center on forms prepared and	754
furnished by the state board of education and shall certify the	755
budget to the state board of education, together with such other	756
information as the board may require. Such budget shall consist	757
of two parts. Part (A) shall include the cost of the salaries,	758
employers retirement contributions, and travel expenses of	759
supervisory teachers approved by the state board of education. The	760
amount derived from the calculation for such units in part (A) of	761
the governing board budget shall be the sum of:	762

(1) The sum of the minimum salaries calculated, pursuant to	763
section 3317.13 of the Revised Code, for each approved licensed	764
employee of the governing board;	765

(2) An additional salary allowance proportional to the	766
length of the extended term of service not to exceed three months	767
for each supervisory and child study teacher whose term of service	768
in any year is extended beyond the terms of service of regular	769
classroom teachers;	770

(3) An allowance equal to fifteen per cent of the amount	771
computed under division (A)(1) of this section;	772

(4) An allowance for necessary travel expenses, for each of	773
the personnel approved in part (A) of the budget, limited to two	774
hundred twenty-three dollars and sixteen cents per month, or two	775
thousand six hundred seventy-eight dollars per year per person	776
employed, whichever is the lesser.	777

Part (B) shall include the cost of all other lawful	778
expenditures of the governing board. The state board of education	779
shall review such budget and may approve, increase, or decrease	780
such budget.	781

The governing board shall be reimbursed by the state board of	782
education from state funds for the cost of part (A) of the budget.	783
The governing board shall be reimbursed by the state board of	784
education, from state funds for the cost of part (B) of the	785
approved budget that is in excess of six dollars and fifty cents	786
times the service center ADM. If the governing board provides	787
services to city or exempted village school districts pursuant to	788
section 3313.843 of the Revised Code, the governing board shall be	789
reimbursed from state funds for the cost of part (B) of the budget	790
that is in excess of six dollars and fifty cents times the sum of	791
the service center ADM and the client ADMs of the city or exempted	792
village districts to which such services are provided. The cost	793
of part (B) not in excess of six dollars and fifty cents times the	794
number of such ADM shall be apportioned by the state board of	795
education among the local school districts in the territory of the	796
service center, or among all districts to which the governing	797
board provides services, on the basis of the total number of	798
pupils in each school district.	799

If part (B) of the budget is in excess of that approved by	800
the state board of education, the excess cost shall be apportioned	801
by the state board of education among the local school districts	802
in the territory of the service center on the basis of the total	803
number of such pupils in each such school district, provided that	804
a majority of the boards of education of such local school	805
districts approve such apportionment. The state board of	806
education shall initiate and supervise the procedure by which the	807
local boards shall approve or disapprove such apportionment.	808

The amounts so apportioned shall be certified to the	809
treasurers of the various school districts. In the case of each	810
district such amount shall be deducted by the state board of	811
education from funds allocated to the district pursuant to	812
division (E) of section 3317.023 of the Revised Code.	813

The state board of education shall certify to the director of	814
budget and management for payment the total of the deductions,	815
whereupon the amount shall be paid to the governing board of each	816
service center, to be deposited to the credit of a separate fund,	817
hereby created, to be known as the educational service center	818
governing board fund.	819

An educational service center may provide special education	820
to students in its local districts or in client districts. A	821
service center is eligible for funding under division (J) of	822
section 3317.024 of the Revised Code and eligible for state	823
subsidies for the purchase of school buses under section 3317.07	824
of the Revised Code. Special education units for gifted children	825
may be operated by a governing board. Vocational education may be	826
provided by a governing board. A governing board may conduct	827
driver education for pupils enrolled in a high school for which	828
the state board of education prescribes minimum standardsin	829
accordance with Chapter 4508. of the Revised Code.	830

Every local school district shall be provided supervisory	831
services by its governing board as approved by the state board of	832
education. A city or exempted village school district shall be	833
considered to be provided supervisory services by a governing	834
board if it has entered into an agreement for the governing board	835
to provide any services under section 3313.843 of the Revised	836
Code. Supervisory services shall not exceed one supervisory	837
teacher for the first fifty classroom teachers employed in all	838
districts that are provided supervisory services calculated under	839
section 3317.023 of the Revised Code and one supervisory teacher	840
for every additional one hundred such classroom teachers so	841
calculated. Reimbursement for such supervisory services shall be	842
a deduction by the state board of education from the payment to	843
the school district pursuant to division (E) of section 3317.023	844
of the Revised Code. Deductions for all supervisory services and	845
extended services for supervisory and child study shall be	846
apportioned among local school districts within the territory of	847
the service center and any city or exempted village districts that	848
have entered into agreements with a service center pursuant to	849
section 3313.843 of the Revised Code by the state board of	850
education on the basis of the total number of pupils in each	851
school district, except that where such services are provided to	852
districts other than local school districts within the service	853
center territory and city or exempted village districts having	854
agreements with the service center, such charges shall be	855
apportioned among all participating districts on the basis of the	856
total number of pupils in each school district. All deductions	857
from state funding to school districts required for reimbursement	858
of governing boards by division (E) of section 3317.023 of the	859
Revised Code shall be made from the total of the payment computed	860
for the district under this chapter, after making any other	861
adjustments in that payment required by law.	862

(B)(1) In addition to the payments made under division (A)	863
of this section, except as otherwise provided in division (C) of	864
this section, the department of education shall pay each governing	865
board thirty-seven dollars times the sum of the service center	866
ADM and the sum of the client ADMs of all its client districts in	867
fiscal years 2002 and 2003.	868

(2) In addition to other payments under this section, the	869
department shall pay each educational service center the amounts	870
due to it from school districts pursuant to contracts, compacts,	871
or agreements under which the service center furnishes services to	872
the districts or their students. In order to receive payment	873
under this division, an educational service center shall furnish	874
either a copy of the applicable contract, compact, or agreement	875
clearly indicating the amounts of the payments, or a written	876
statement of the payments owed signed by the superintendent or	877
treasurer of the responsible school district.	878

The amounts paid to service centers under division (B)(2) of	879
this section shall be deducted from payments to school districts	880
pursuant to division (K)(2) of section 3317.023 of the Revised	881
Code.	882

(C) Each multicounty service center shall receive a payment	883
each fiscal year equal to forty dollars and fifty-two cents times	884
the sum of the service center ADM and the client ADMs of all its	885
client districts.	886

(D) Each city, exempted village, local, joint vocational, or	887
cooperative education school district shall pay to the governing	888
board of an educational service center any amounts agreed to for	889
each child enrolled in the district who receives special education	890
and related services or vocational education from the educational	891
service center.	892

(E) As used in this section:

893

(1) "Service center ADM" means the total of each of the	894
following for all local school districts within the limits of an	895
educational service center's territory:	896

(a) The formula ADM;

897

(b) The kindergarten average daily membership included in	898
the formula ADM;	899

(c) Three-quarters of the number of students reported under	900
division (B)(4) of section 3317.03 of the Revised Code;	901

(d) The average daily membership of handicapped preschool	902
children reported under division (B)(2) of section 3317.03 of the	903
Revised Code;	904

(e) The number of preschool students certified under	905
division (B) of section 3317.032 of the Revised Code.	906

(2) "Client ADM" means the total of each number described	907
under divisions (E)(1)(a) to (e) of this section for a client	908
district.	909

(3) "Client district" means a city or exempted village school	910
district that has entered into an agreement to receive services	911
from a service center pursuant to section 3313.843 of the Revised	912
Code.	913

(4) "Multicounty service center" means a service center that	914
includes territory that formerly was included in the territory of	915
at least three former service centers or county school districts,	916
which former centers or districts engaged in one or more mergers	917
pursuant to section 3311.053 of the Revised Code to form the	918
present center.	919

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	920
deputy registrar, upon receiving an application for a temporary	921
instruction permit and a temporary instruction permit	922
identification card for a driver's license from any person who is	923
at least fifteen years and six months of age, may issue such a	924
permit and identification card entitling the applicant to drive a	925
motor vehicle, other than a commercial motor vehicle, upon the	926
highways under the following conditions:	927

(1) If the permit is issued to a person who is at least	928
fifteen years and six months of age, but less than sixteen years	929
of age:	930

(a) The permit and identification card are in the holder's	931
immediate possession;	932

(b) The holder is accompanied by an eligible adult who	933
actually occupies the seat beside the permit holder;	934

(c) The total number of occupants of the vehicle does not	935
exceed the total number of occupant restraining devices originally	936
installed in the motor vehicle by its manufacturer, and each	937
occupant of the vehicle is wearing all of the available elements	938
of a properly adjusted occupant restraining device.	939

(2) If the permit is issued to a person who is at least	940
sixteen years of age:	941

(a) The permit and identification card are in the holder's	942
immediate possession;	943

(b) The holder is accompanied by a licensed operator who is	944
at least twenty-one years of age and is actually occupying a seat	945
beside the driver;	946

(c) The total number of occupants of the vehicle does not	947
exceed the total number of occupant restraining devices originally	948
installed in the motor vehicle by its manufacturer, and each	949
occupant of the vehicle is wearing all of the available elements	950
of a properly adjusted occupant restraining device.	951

(B) The registrar or a deputy registrar, upon receiving from	952
any person an application for a temporary instruction permit and	953
temporary instruction permit identification card to operate a	954
motorcycle or motorized bicycle, may issue such a permit and	955
identification card entitling the applicant, while having the	956
permit and identification card in the applicant's immediate	957
possession, to drive a motorcycle or motorized bicycle under	958
restrictions determined by the registrar. A temporary instruction	959
permit and temporary instruction permit identification card to	960
operate a motorized bicycle may be issued to a person fourteen or	961
fifteen years old.	962

(C) Any permit and identification card issued under this	963
section shall be issued in the same manner as a driver's license,	964
upon a form to be furnished by the registrar. A temporary	965
instruction permit to drive a motor vehicle other than a	966
commercial motor vehicle shall be valid for a period of one year.	967

(D) Any person having in the person's possession a valid and	968
current driver's license or motorcycle operator's license or	969
endorsement issued to the person by another jurisdiction	970
recognized by this state is exempt from obtaining a temporary	971
instruction permit for a driver's license, but shall submit to the	972
regular examination in obtaining a driver's license or motorcycle	973
operator's endorsement in this state.	974

(E) The registrar may adopt rules governing the use of	975
temporary instruction permits and temporary instruction permit	976
identification cards.	977

(F)(1) No holder of a permit issued under division (A) of	978
this section shall operate a motor vehicle upon a highway or any	979
public or private property used by the public for purposes of	980
vehicular travel or parking in violation of the conditions	981
established under division (A) of this section.	982

(2) Except as provided in division (F)(2) of this section,	983
no holder of a permit that is issued under division (A) of this	984
section and that is issued on or after the effective date of this	985
amendment, and who has not attained the age of seventeen years,	986
shall operate a motor vehicle upon a highway or any public or	987
private property used by the public for purposes of vehicular	988
travel or parking between the hours of one a.m. and five a.m.	989

The holder of a permit issued under division (A) of this	990
section on or after the effective date of this amendment, who has	991
not attained the age of seventeen years, may operate a motor	992
vehicle upon a highway or any public or private property used by	993
the public for purposes of vehicular travel or parking between the	994
hours of one a.m. and five a.m. if, at the time of such operation,	995
the holder is accompanied by the holder's parent, guardian, or	996
custodian, and the parent, guardian, or custodian holds a current	997
valid driver's or commercial driver's license issued by this state	998
and is actually occupying a seat beside the permit holder.	999

(G)(1) Notwithstanding any other provision of law to the	1000
contrary, no law enforcement officer shall cause the operator of a	1001
motor vehicle being operated on any street or highway to stop the	1002
motor vehicle for the sole purpose of determining whether each	1003
occupant of the motor vehicle is wearing all of the available	1004
elements of a properly adjusted occupant restraining device as	1005
required by division (A) of this section, or for the sole purpose	1006
of issuing a ticket, citation, or summons if the requirement in	1007
that division has been or is being violated, or for causing the	1008
arrest of or commencing a prosecution of a person for a violation	1009
of that requirement.	1010

(2) Notwithstanding any other provision of law to the	1011
contrary, no law enforcement officer shall cause the operator of a	1012
motor vehicle being operated on any street or highway to stop the	1013
motor vehicle for the sole purpose of determining whether a	1014
violation of division (F)(2) of this section has been or is being	1015
committed or for the sole purpose of issuing a ticket, citation,	1016
or summons for such a violation or for causing the arrest of or	1017
commencing a prosecution of a person for such violation.	1018

(H) As used in this section:

1019

(1) "Eligible adult" means any of the following:

1020

(a) An instructor of a driver education course approved by	1021
the department of education or a driver training course approved	1022
by the department of public safety;	1023

(b) Any of the following persons who holds a current valid	1024
driver's or commercial driver's license issued by this state:	1025

(i) A parent, guardian, or custodian of the permit holder;

1026

(ii) A person twenty-one years of age or older who acts in	1027
loco parentis of the permit holder.	1028

(2) "Occupant restraining device" has the same meaning as in	1029
section 4513.263 of the Revised Code.	1030

Sec. 4507.21.  (A) Each applicant for a driver's license	1031
shall file an application in the office of the registrar of motor	1032
vehicles or of a deputy registrar.	1033

(B)(1) Each person under eighteen years of age applying for	1034
a driver's license issued in this state shall present satisfactory	1035
evidence of having successfully completed any one of the	1036
following:	1037

(a) A driver education course approved by the state	1038
department of education prior to December 31, 2003.	1039

(b) A driver training course approved by the director of	1040
public safety.	1041

(c) A driver training course comparable to a driver	1042
education or driver training course described in division	1043
(B)(1)(a) or (b) of this section and administered by a branch of	1044
the armed forces of the United States and completed by the	1045
applicant while residing outside this state for the purpose of	1046
being with or near any person serving in the armed forces of the	1047
United States.	1048

(2) Each person under eighteen years of age applying for a	1049
driver's license also shall present, on a form prescribed by the	1050
registrar, an affidavit signed by an eligible adult attesting that	1051
the person has acquired at least fifty hours of actual driving	1052
experience, with at least ten of those hours being at night.	1053

(C) If the registrar or deputy registrar determines that the	1054
applicant is entitled to the driver's license, it shall be issued.	1055
If the application shows that the applicant's license has been	1056
previously revoked or suspended, the deputy registrar shall	1057
forward the application to the registrar, who shall determine	1058
whether the license shall be granted.	1059

(D) All applications shall be filed in duplicate, and the	1060
deputy registrar issuing the license shall immediately forward to	1061
the office of the registrar the original copy of the application,	1062
together with the duplicate copy of the certificate, if issued.	1063
The registrar shall prescribe rules as to the manner in which the	1064
deputy registrar files and maintains the applications and other	1065
records. The registrar shall file every application for a	1066
driver's or commercial driver's license and index them by name and	1067
number, and shall maintain a suitable record of all licenses	1068
issued, all convictions and bond forfeitures, all applications for	1069
licenses denied, and all licenses which have been suspended or	1070
revoked.	1071

(E) For purposes of section 2313.06 of the Revised Code, the	1072
registrar shall maintain accurate and current lists of the	1073
residents of each county who are eighteen years of age or older,	1074
have been issued, on and after January 1, 1984, driver's or	1075
commercial driver's licenses that are valid and current, and would	1076
be electors if they were registered to vote, regardless of whether	1077
they actually are registered to vote. The lists shall contain the	1078
names, addresses, dates of birth, duration of residence in this	1079
state, citizenship status, and social security numbers, if the	1080
numbers are available, of the licensees, and may contain any other	1081
information that the registrar considers suitable.	1082

(F) Each person under eighteen years of age applying for a	1083
motorcycle operator's endorsement or a restricted license enabling	1084
the applicant to operate a motorcycle shall present satisfactory	1085
evidence of having completed the courses of instruction in the	1086
motorcycle safety and education program described in section	1087
4508.08 of the Revised Code or a comparable course of instruction	1088
administered by a branch of the armed forces of the United States	1089
and completed by the applicant while residing outside this state	1090
for the purpose of being with or near any person serving in the	1091
armed forces of the United States. If the registrar or deputy	1092
registrar then determines that the applicant is entitled to the	1093
endorsement or restricted license, it shall be issued.	1094

(G) No person shall knowingly make a false statement in an	1095
affidavit presented in accordance with division (B)(2) of this	1096
section.	1097

(H) As used in this section, "eligible adult" means any of	1098
the following persons:	1099

(1) A parent, guardian, or custodian of the applicant;

1100

(2) A person over the age of twenty-one who acts in loco	1101
parentis of the applicant and who maintains proof of financial	1102
responsibility with respect to the operation of a motor vehicle	1103
owned by the applicant or with respect to the applicant's	1104
operation of any motor vehicle.	1105

Sec. 4508.01.  As used in this chapter:

1106

(A) "Beginning driver" means any person being trained to	1107
drive a particular motor vehicle who has not been previously	1108
licensed to drive that motor vehicle by any state or country.	1109

(B) "Disabled person" means a person who, in the opinion of	1110
the registrar of motor vehicles, is afflicted with or suffering	1111
from a physical or mental disability or disease that prevents the	1112
person, in the absence of special training or equipment, from	1113
exercising reasonable and ordinary control over a motor vehicle	1114
while operating the vehicle upon the highways. "Disabled person"	1115
does not mean any person who is or has been subject to any	1116
condition resulting in episodic impairment of consciousness or	1117
loss of muscular control and whose condition, in the opinion of	1118
the registrar, is dormant or is sufficiently under medical control	1119
that the person is capable of exercising reasonable and ordinary	1120
control over a motor vehicle.	1121

(C) "Driver training school" or "school" means bothany of	1122
the following:	1123

(1) A private business enterprise conducted by an	1124
individual, association, partnership, or corporation for the	1125
education and training of persons to operate or drive motor	1126
vehicles, that uses public streets or highways to provide	1127
training, and that charges a consideration or tuition for such	1128
services;	1129

(2) A lead school district as provided in section 4508.09 of	1130
the Revised Code;	1131

(3) A board of education of a city, exempted village, local,	1132
or joint vocational school district or the governing board of an	1133
educational service center that offers a driver education course	1134
for high school students enrolled in the district or in a district	1135
served by the educational service center.	1136

(D) "Instructor" means any person, whether acting for self	1137
as operator of a driver training school or for such a school for	1138
compensation, who teaches, conducts classes of, gives	1139
demonstrations to, or supervises practice of, persons learning to	1140
operate or drive motor vehicles.	1141

(E) "Lead school district" means a school district,	1142
including a joint vocational school district, designated by the	1143
department of education as either a vocational education planning	1144
district itself or as responsible for providing primary vocational	1145
education leadership within a vocational education planning	1146
district that is composed of a group of districts. A "vocational	1147
education planning district" is a school district or group of	1148
school districts designated by the department as responsible for	1149
planning and providing vocational education services to students	1150
within the district or group of districts.	1151

Sec. 4508.02.  (A) The director of public safety, subject to	1152
Chapter 119. of the Revised Code, shall adopt and prescribe such	1153
rules concerning the administration and enforcement of this	1154
chapter as are necessary to protect the public. The director	1155
shall inspect the school facilities and equipment of applicants	1156
and licensees and examine applicants for instructor's licenses.	1157

(B) The director shall administer and enforce this chapter,	1158
and may call upon the state superintendent of public instruction	1159
for assistance in developing and formulating the rules for	1160
training beginning drivers.	1161

(C) The rules shall require twenty-four hours of classroom	1162
instruction, and eight hours of actual behind-the-wheel	1163
instruction conducted on public streets and highways of this state	1164
for all beginning drivers of noncommercial motor vehicles who are	1165
under age eighteen.	1166

(D) The rules shall state the minimum hours for classroom	1167
and behind-the-wheel instruction required for beginning drivers of	1168
commercial trucks, commercial cars, buses, and commercial	1169
tractors, trailers, and semi-trailers.	1170

Sec. 4508.021. (A) As used in this section:

1171

(1) "State agency" has the same meaning as in section 1.60	1172
of the Revised Code.	1173

(2) "Electronic medium" means a video cassette tape, CD-ROM,	1174
interactive videodisc, or other format used to convey information	1175
to students through electronic means.	1176

(B) The classroom instruction required by division (C) of	1177
section 4508.02 of the Revised Code shall include the	1178
dissemination of information regarding anatomical gifts and	1179
anatomical gift procedures or a presentation and discussion of	1180
such gifts and procedures in accordance with this section. The	1181
second chance trust fund advisory committee created under section	1182
2108.17 of the Revised Code shall approve any brochure, written	1183
material, or electronic medium used by a driver training school to	1184
provide information to students regarding anatomical gifts and	1185
anatomical gift procedures. However, the committee shall not	1186
approve any such brochure, written material, or electronic medium	1187
that contains religious content for use in a driver education	1188
course conducted by a school district or educational service	1189
center.	1190

(C)(1) If any brochure or other written material approved by	1191
the committee under division (B) of this section is made available	1192
to a driver training school at no cost, the instructor shall	1193
provide such brochure or material to students.	1194

(2) If any electronic medium that is less than twenty	1195
minutes in length and that is approved by the committee under	1196
division (B) of this section is made available to a driver	1197
training school at no cost, the instructor shall show the	1198
electronic medium to students, provided that the school maintains	1199
operable viewing equipment. If more than one such electronic	1200
medium is made available to a school in accordance with this	1201
division, the instructor shall select one electronic medium from	1202
among those received by the school to show to students.	1203

(3) If no electronic medium is shown to students as	1204
specified in division (C)(2) of this section, the instructor shall	1205
organize a classroom presentation and discussion regarding	1206
anatomical gifts and anatomical gift procedures. The instructor	1207
may arrange for the presentation to be conducted by an employee of	1208
the department of health or any other state agency, an employee or	1209
volunteer of the second chance trust fund, an employee or	1210
volunteer of any organization involved in the procurement of organ	1211
donations, an organ donor, or an organ recipient, provided that no	1212
such person charges a fee to the school for the presentation.	1213
However, no such presentation that contains religious content	1214
shall be made to students of a driver education course conducted	1215
by a school district or educational service center. Students shall	1216
be granted the opportunity to ask questions on anatomical gifts	1217
and anatomical gift procedures during the presentation and	1218
discussion.	1219

Nothing in this section shall prohibit an instructor from	1220
also organizing a classroom presentation and discussion regarding	1221
anatomical gifts and anatomical gift procedures in accordance with	1222
this division if the instructor shows an electronic medium to	1223
students pursuant to division (C)(2) of this section.	1224

(D) No student shall be required to participate in any	1225
instruction in anatomical gifts or anatomical gift procedures	1226
conducted under this section upon written notification from the	1227
student's parent or guardian, or the student if the student is	1228
over eighteen years of age, that such instruction conflicts with	1229
the religious convictions of the student or the student's parent	1230
or guardian. If a student is excused from such instruction, the	1231
instructor shall give the student an alternative assignment.	1232

Sec. 4508.07.  Sections 4508.01 to 4508.06, inclusive, of the	1233
Revised Code, do not apply to any person giving driver training	1234
lessons without charge, to employers maintaining driver training	1235
schools without charge for their employees only, nor to schools or	1236
classes conducted by colleges,and universities and high schools	1237
for regularly enrolled full time students as a part of a normal	1238
program for such institutions.	1239

Sec. 5502.01.  (A) The department of public safety shall	1240
administer and enforce the laws relating to the registration,	1241
licensing, sale, and operation of motor vehicles and the laws	1242
pertaining to the licensing of drivers of motor vehicles.	1243

The department shall compile, analyze, and publish statistics	1244
relative to motor vehicle accidents and the causes of them,	1245
prepare and conduct educational programs for the purpose of	1246
promoting safety in the operation of motor vehicles on the	1247
highways, assist the state board of education in the formulation	1248
of minimum standards for driver education courses of instruction,	1249
encourage driver instruction in the high schools of the state, and	1250
conduct research and studies for the purpose of promoting safety	1251
on the highways of this state.	1252

(B) The department shall administer the laws and rules	1253
relative to trauma and emergency medical services specified in	1254
Chapter 4765. of the Revised Code.	1255

(C) The department shall administer and enforce the laws	1256
contained in Chapters 4301. and 4303. of the Revised Code and	1257
enforce the rules and orders of the liquor control commission	1258
pertaining to retail liquor permit holders.	1259

(D) The department shall administer the laws governing the	1260
state emergency management agency and shall enforce all additional	1261
duties and responsibilities as prescribed in the Revised Code	1262
related to emergency management services.	1263

(E) The department shall conduct investigations pursuant to	1264
Chapter 5101. of the Revised Code in support of the duty of the	1265
department of humanjob and family services to administer food	1266
stamp programs throughout this state. The department of public	1267
safety shall conduct investigations necessary to protect the	1268
state's property rights and interests in the food stamp program.	1269

(F) The department of public safety shall enforce compliance	1270
with orders and rules of the public utilities commission and	1271
applicable laws in accordance with Chapters 4919., 4921., and	1272
4923. of the Revised Code regarding commercial motor vehicle	1273
transportation safety, economic, and hazardous materials	1274
requirements.	1275

(G) Notwithstanding Chapter 4117. of the Revised Code, the	1276
department of public safety may establish requirements for its	1277
enforcement personnel, including its enforcement agents described	1278
in section 5502.14 of the Revised Code, that include standards of	1279
conduct, work rules and procedures, and criteria for eligibility	1280
as law enforcement personnel.	1281

(H) The department shall administer, maintain, and operate	1282
the Ohio criminal justice network. The Ohio criminal justice	1283
network shall be a computer network that supports state and local	1284
criminal justice activities. The network shall be an electronic	1285
repository for various data, which may include arrest warrants,	1286
notices of persons wanted by law enforcement agencies, criminal	1287
records, prison inmate records, stolen vehicle records, vehicle	1288
operator's licenses, and vehicle registrations and titles.	1289

Section 2. That existing sections 2108.17, 3301.07,	1290
3301.0714, 3301.17, 3313.201, 3313.641, 3315.091, 3317.11,	1291
4507.05, 4507.21, 4508.01, 4508.02, 4508.07, and 5502.01 of the	1292
Revised Code are hereby repealed.	1293

Section 3. (A) Except as required by division (B) of this	1294
section, notwithstanding any provision of Chapter 4508. of the	1295
Revised Code to the contrary, the board of education of any city,	1296
exempted village, local, or joint vocational school district or	1297
the governing board of any educational service center may continue	1298
to offer a driver education course for credit for high school	1299
students in accordance with the minimum standards established by	1300
the State Board of Education under former division (E) of section	1301
3301.07 of the Revised Code, as it existed prior to the effective	1302
date of this section, until December 31, 2003. After December 31,	1303
2003, no school district or educational service center shall offer	1304
a driver education course unless the district board or governing	1305
board of the educational service center obtains a license to	1306
conduct such a course as required by section 4508.03 of the	1307
Revised Code and complies with all other applicable rules adopted	1308
by the Director of Public Safety under section 4508.02 of the	1309
Revised Code, and no such course shall be offered for credit.	1310

(B) Any school district or educational service center that	1311
offers a driver education course pursuant to section 3301.17 of	1312
the Revised Code shall include the dissemination of information	1313
regarding anatomical gifts and anatomical gift procedures or a	1314
presentation and discussion of such gifts and procedures as part	1315
of the classroom instruction as required by section 4508.021 of	1316
the Revised Code, as enacted by this act.	1317

Section 4. Notwithstanding section 4507.05 of the Revised	1318
Code, as amended by this act, until December 31, 2003, an	1319
instructor of a driver education course approved by the Department	1320
of Education shall be considered an eligible adult for the purpose	1321
of accompanying a person holding a temporary instruction permit	1322
while such person is driving a motor vehicle.	1323

Section 5. Within 30 days after the effective date of this	1324
act, in preparation for the transfer of the driver education	1325
program from the Department of Education to the Department of	1326
Public Safety, in fiscal year 2003 the Director of Budget and	1327
Management shall transfer $50,000 in appropriation and cash from	1328
appropriation item 200-100, Personal Services, General Revenue	1329
Fund, Department of Education, to appropriation item 764-321,	1330
Operating Expense - Highway Patrol, Highway Safety Fund (Fund	1331
036), Department of Public Safety.	1332