The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 407As Reported by the Senate Education CommitteeAs Reported by the Senate Education Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
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
A BILL
To amend sections 2108.17, 3301.07, 3301.0714,
3301.17,
3313.201,
3313.641, 3315.091, 3317.11,
4507.05,
4507.21,
4508.01, 4508.02, 4508.07, and
5502.01
and
to enact
sections 5.2223 and 4508.021
of the
Revised
Code to
transfer jurisdiction over
driver
education courses
in high schools from the
Department of Education to
the Department of Public
Safety; to require school
districts and educational
service centers that
offer driver education courses
to meet the same
standards as private driving
training schools after December 31, 2003;
to
prohibit awarding course credit for driver
education courses conducted by high schools after
December 31, 2003; to
require driver education
courses to
include
instruction or dissemination of
information
relating to
anatomical gifts
and
anatomical gift
procedures; to specifically
prohibit the reporting
of a student's name,
address, and social security
number to the
Department of Education under the
Education
Management Information System; to
transfer $50,000
from the Department of Education
to the Department
of Public Safety in fiscal year
2003; and to
designate
March as "Eye Donor
Month in
Ohio."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2108.17, 3301.07, 3301.0714,
3301.17,
3313.201,
3313.641, 3315.091, 3317.11, 4507.05, 4507.21,
4508.01,
4508.02, 4508.07,
and 5502.01 be amended and
sections
5.2223 and
4508.021 of the
Revised
Code be enacted to read as
follows:
Sec. 5.2223. The month of March is designated as "Eye Donor
Month in Ohio."
Sec. 2108.17. (A) There is hereby created within the
department of health the second chance trust fund advisory
committee, consisting of eleven members. The members shall
include the following: (1) The chairs of the standing committees of the house of
representatives and senate with primary responsibilities for
health legislation;
(2) One representative of each of the following appointed by
the director of health:
(a) An Ohio organ procurement organization that is a member
of the Organ Procurement and Transplantation Network;
(b) An Ohio tissue bank that is an accredited member of the
American association of tissue banks and is not affiliated with an
organ procurement organization; (c) An Ohio eye bank that is certified by the eye bank
association of America and is not affiliated with an organ
procurement organization;
(d) The Ohio solid organ transplantation consortium; (e) The Ohio hospital association;
(f) The department of health.
(3) Except as provided in division (D) of this section,
three members of the public appointed by the director who are not
affiliated with recovery agencies. (B) No two members appointed under divisions (A)(2)(a), (b),
and (c) of this section shall be from the same organ procurement
and distribution service area designated by the United States
secretary of health and human services.
(C) Of the members first appointed under division (A)(2) of
this section, the representatives of the organ procurement
organization, tissue procurement organization, and eye bank shall
serve terms of three years; the representatives of the department
of health and Ohio solid organ transplantation consortium shall
serve terms of two years; and the member representing the Ohio
hospital association shall serve a term of one year. Thereafter,
all members shall serve terms of three years.
(D) The members initially appointed under division (A)(3) of
this section shall be representatives of the following: (1) An organ procurement organization in Ohio designated by
the United States secretary of health and human services that is
not represented by the appointment under division (A)(2)(a) of
this section;
(2) An Ohio tissue bank that is an accredited member of the
American association of tissue banks, not affiliated with an organ
procurement organization, and not represented by the appointment
under division (A)(2)(b) of this section;
(3) An Ohio eye bank that is certified by the eye bank
association of America, not affiliated with an organ procurement
organization, and not represented by the appointment under
division (A)(2)(c) of this section.
The three members shall serve until the proposed rules under
section 2108.18 of the Revised Code are formulated. After the
initial appointments, the director shall appoint three members of
the public who are not affiliated with recovery agencies to serve
terms of three years. (E) No individual appointed under division (A)(2) or (3) of
this section shall serve more than two consecutive terms,
regardless of whether the terms were full or partial terms. Each
member shall serve from the date of appointment until the member's
successor is appointed. All vacancies on the committee shall be
filled for the balance of the unexpired term in the same manner as
the original appointment.
(F) The committee shall annually elect a chairperson from
among its members and shall establish procedures for the
governance of its operations. The committee shall meet at least
semiannually. It shall submit an annual report of its activities
and recommendations to the director of health.
(G) Committee members shall serve without compensation, but
shall be reimbursed from the second chance trust fund for all
actual and necessary expenses incurred in the performance of
official duties. (H) The committee shall do all of the following:
(1) Make recommendations to the director of health for
projects for funding from the second chance trust fund;
(2) Consult with the registrar of motor vehicles in
formulating proposed rules under division (C)(1) of section
2108.18 of the Revised Code;
(3) As requested, consult with the registrar or director on
other matters related to organ donation; (4) Approve brochures, written materials, and electronic
media regarding anatomical gifts and anatomical gift procedures
for ues in driver training schools pursuant to section 4508.021 of
the Revised Code. (I) The committee is not subject to section 101.84 of the
Revised Code.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers: (A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds. (D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary. In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E)
Formulate and prescribe minimum standards for driver
education courses conducted at high schools in the state or by
educational service centers or joint vocational school district
boards of education. In the formulation of standards for driver
education courses, the board shall call upon the director of
public safety for advice and assistance. The standards shall
require twenty-four hours of classroom instruction, and eight
hours of actual behind-the-wheel instruction conducted on public
streets and highways of this state, but shall not require any
additional hours of observation within a vehicle. The board shall
require energy conservation information as part of the driver
education curriculum. Such information shall include, but need
not be limited to, the identification of inefficient driving
techniques and improper maintenance as they relate to decreased
gas mileage, information regarding the costs and benefits of
different modes of travel, and information concerning relative
fuel economy and life-cycle costs of new automobile purchases.
The
board also shall require financial responsibility information
as
part of the driver education curriculum. The board also may
May
require as part of the health
and
driver education curricula
curriculum
information developed under
section 2108.15 of the
Revised Code
promoting the donation of
anatomical gifts pursuant
to Chapter
2108. of the Revised Code and
may provide the
information to high
schools, educational service
centers, and
joint vocational school
district boards of education.; (F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level; (G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code. (J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code; (K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades; (M) Formulate and prescribe minimum standards requiring the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings. The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include: (1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section; (2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section; (3) Procedures for annually compiling the data in
accordance
with division (G) of this section; (4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section. (B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following: (1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes: (a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section. (b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section. (c) Average student grades in each subject in grades nine
through twelve; (d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code; (e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code; (f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code; (g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration. (j) The percentage of students receiving corporal
punishment; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government. (b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs. (C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following: (1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code. (2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building. (3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher; (b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category; (c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category. (4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract; (b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer; (c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category. (D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
any personally identifiable
information
about any
student, including a student's
name
or,
address,
and social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the reporting
under
this section of any personally
identifiable information
about any
student, except for the purpose
of assigning the data
verification
code required by division
(D)(2) of this section, to
any
other
person
unless such person
is
employed by
the school
district or
the data
acquisition site
operated under section
3301.075 of the
Revised Code
and is
authorized
by the district or
acquisition
site
to have
access to
such
information. The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members. (2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section. Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data. Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls and shall remove all
references to the code in any
records retained in the district or school that
pertain to any
student no longer enrolled. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. (E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section. (F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code. (G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall: (1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district; (2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(e) of this section so that
the
academic achievement levels of students who are excused from
taking any such test pursuant to division (C)(1) of section
3301.0711 of the Revised Code are distinguished from the academic
achievement levels of students who are not so excused. (H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district. (2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education. (3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available. (I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code. (J) As used in this section: (1) "School district" means any city, local, exempted
village, or joint vocational school district. (2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code. (K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data. (L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files: (1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system; (2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system; (3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system. Any report made under this division shall include
recommendations
for corrective action by the school district. Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within ninety days of the date
upon which the
report was made by the department. (M) The department of education, after consultation
with the
Ohio education computer network, may provide at
no cost to school
districts uniform computer software for use in
reporting data to
the education management information system,
provided that no
school district shall be required to utilize
such software to
report data to the education management
information system if such
district is so reporting data in an
accurate, complete, and timely
manner in a format compatible
with that required by the education
management information
system. (N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system. (O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code. (Q) If the department cannot compile any of the information
required by division (D)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.17. The board of education of each city, exempted
village,
local, and joint vocational school district may make a
driver
education course available to high school students enrolled
in
the district in accordance with
rules adopted by the state
board
of education
Chapter 4508. of the Revised Code. No school
district making such a course available
shall require any pupil to
enroll in the course in lieu of taking
a training course from a
private driver training school
licensed under
Chapter 4508. of
the
Revised Code
that chapter.
The department
of
education
may
contract for the use of public school and
educational
service
center governing
board facilities to provide technical
assistance
for
driver education courses where practicable or may
provide such
assistance at facilities established and operated by
the
department
under the supervision of transportation
coordinators.
The principal of each high school shall
annually give written
notice to the pupils enrolled in the high
school that they may
elect, under a procedure that shall be
described in the notice, to
take a training course from a
licensed
private driver training
school or, if available,
enroll in a driver education course made
available by the pupil's
school district of attendance.
No pupil
shall receive course credit toward graduation for completing a
driver education course conducted by a school district under this
section.
Sec. 3313.201.
(A) The board of education of each school
district shall procure a policy or policies of insurance insuring
officers, employees, and pupils of the school district against
liability on account of damage or injury to persons and property,
including insurance on vehicles operated under a course in
drivers
education
certified
approved by the state department of
education
public safety
and
including liability on account of death or
accident by
wrongful
act, occasioned by the operation of a motor
vehicle,
motor
vehicles with auxiliary equipment, or all
self-propelling
equipment or trailers owned or operated by the
school district.
Each board of education may supplement
the
policy or policies
of
insurance with collision, medical payments,
comprehensive, and
uninsured motorists insurance. Before
procuring such insurance
each board of education shall adopt a
resolution setting forth
the
amount of insurance to be purchased,
the necessity
of the
insurance,
together with a statement of
its
estimated premium
cost.
Insurance procured pursuant to this
section shall be
from
one or
more recognized insurance companies
authorized to do
business in
this state.
(B) This section shall not be construed to affect the
ability of any school district to establish and maintain
self-insurance programs under the authority conferred by any other
section of the Revised Code. Such programs may be established and
maintained in combination with, or as an alternative to, any
policy or policies of insurance procured under division (A) of
this section.
Sec. 3313.641. (A) Notwithstanding the provisions of
sections 3313.48 and 3313.64 of the Revised Code, the board of
education of a city, exempted village, or local school district
may organize and operate a summer school, an evening or day
school
for adults and out-of-school youth, or technical school or
institute for instruction beyond the high school, offer driver
education courses
as a part of the regular curriculum of the
school district in conformity with
section 4508.07
Chapter 4508.
of the Revised
Code, or offer postgraduate work in any course of
instruction to
pupils who have completed the twelfth grade, which
may be open to
any pupil irrespective of
his age upon such terms
and upon
payment of such tuition as the board prescribes. Courses
of
instruction in basic literacy may be offered with or without
tuition, as the board determines. (B) A board of education that operates an education
program
pursuant to this section, other than a summer school,
that
includes courses for which credit may be granted toward the
issuance of a high school diploma under section 3313.61 of the
Revised Code may, by resolution, authorize the superintendent of
the district to assign to the program in accordance with this
section, any student who has not successfully completed the
curriculum of any high school or the individualized education
program developed for the student by any high school pursuant to
section 3323.08 of the Revised Code, who is at least eighteen
years old, and who is being readmitted to school following
expulsion or commitment to the department of youth services.
Before making any such assignment, the superintendent or
his
the
superintendent's designee shall meet with the pupil to determine
whether
he
the pupil should be so assigned, and shall prepare a
report
on
his
the superintendent's or designee's findings and
determination. If based on
his
the meeting or
his
the designee's
report
the superintendent finds that the pupil should be placed in
a
program under this section, the superintendent shall make the
assignment. Once assigned to a program, the student shall remain
in it until
he
the student is reassigned by the superintendent
or
leaves school. At least once in each academic term, the
superintendent
or
his
the superintendent's designee shall review
the program of
each student assigned under this section and the
superintendent shall, based
on the review, make a determination of
whether the student should remain
in the program or be reassigned.
Tuition shall not be charged
for the attendance of any student
assigned to a program pursuant
to this division who is entitled
under section 3313.64 of the
Revised Code to attend the schools of
the district without
payment of tuition.
Sec. 3315.091. The boards of education of any city, exempted
village, local,
or joint vocational school districts or the
governing boards of
educational service centers may enter into
contracts
for a
term not exceeding one year, upon such terms as
each board deems expedient,
with each other, or with a
private
driver training school licensed under section
4508.03 of the
Revised Code, for the purpose of providing instruction in
driver
education under section 3301.17 of the Revised Code.
Driver
training
schools contracting with any high school in the state for
the purpose of
providing driver education shall meet course
content standards of the state
board of education adopted pursuant
to section 3301.07 of the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date designated
by the state
board of education, each educational service center
governing board shall prepare
a budget of operating expenses for
the ensuing year for the
service center on forms prepared and
furnished by the
state board of education and shall certify the
budget to the
state board of education, together with such other
information as
the board may require. Such budget shall consist
of two parts.
Part (A) shall include the cost of the salaries,
employers
retirement contributions, and travel expenses of
supervisory
teachers approved by the state board of education.
The
amount
derived from the calculation for such units in part (A)
of
the
governing board budget shall be the sum of: (1) The sum of the minimum salaries calculated, pursuant
to
section 3317.13 of the Revised Code, for each approved
licensed
employee of the governing board; (2) An additional salary allowance proportional to the
length of the extended term of service not to exceed three months
for each supervisory and child study teacher whose term of
service
in any year is extended beyond the terms of service of
regular
classroom teachers; (3) An allowance equal to fifteen per cent of the amount
computed under division (A)(1) of this section; (4) An allowance for necessary travel expenses, for each
of
the personnel approved in part (A) of the budget, limited to
two
hundred twenty-three dollars and sixteen cents per month, or
two
thousand six hundred seventy-eight dollars per year per
person
employed, whichever is the lesser.
Part (B) shall include
the cost of all other lawful
expenditures of the governing board. The state
board of education
shall review such budget and may approve, increase, or
decrease
such budget. The governing board shall be reimbursed by the
state board of
education from state funds for the cost of part
(A) of the budget.
The governing board shall be reimbursed by the state
board of
education, from state funds for
the cost of part (B) of the
approved budget that is in excess of
six dollars and fifty cents
times the service center ADM. If
the governing board
provides
services to city or exempted village school districts
pursuant to
section 3313.843 of the Revised Code, the governing
board shall be
reimbursed from state funds for the cost of part
(B) of the budget
that is in excess of six dollars and fifty
cents times the sum of
the service center ADM and the
client ADMs of the city or exempted
village districts to which such services are provided. The cost
of part (B) not in excess of six dollars and fifty cents times
the
number of such ADM shall be apportioned by the state board of
education among the local school districts in the territory of the
service
center, or among all districts to
which the governing
board
provides services, on the basis of the total number of
pupils in
each school district. If part (B) of the budget is in excess of that approved by
the state board of education, the excess cost shall be
apportioned
by the state board of education among the local
school districts
in the territory of the
service center on the basis of
the total
number of such pupils in each such school district,
provided that
a majority of the boards of education of such local
school
districts approve such apportionment. The state board of
education shall initiate and supervise the procedure by which the
local boards shall approve or disapprove such apportionment. The amounts so apportioned shall be certified to the
treasurers of the various school districts. In the case of each
district such amount shall be deducted by the state board of
education from funds allocated to the district pursuant to
division (E) of section 3317.023 of the Revised Code. The state board of education shall certify to the director
of
budget and management for payment the total of the deductions,
whereupon the amount shall be paid to the governing board
of each
service center, to be
deposited to the credit of a
separate fund,
hereby created, to be known as the educational
service center
governing board fund. An educational service center may provide special
education
to students
in its local districts or in client districts. A
service center is
eligible for funding under division
(J) of
section 3317.024 of
the Revised Code and eligible for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code. Special education units for gifted
children
may be operated by a governing board. Vocational education may be
provided by a governing board. A
governing board may conduct
driver education for pupils
enrolled in a high school
for which
the state board of education
prescribes minimum standards
in
accordance with Chapter 4508. of the Revised Code. Every local school district shall be provided supervisory
services by its governing board as approved by the
state board of
education. A city or exempted village school
district shall be
considered to be provided supervisory services
by a governing
board if it has
entered into an agreement for the governing board
to
provide any services under section 3313.843 of the Revised
Code. Supervisory
services shall
not exceed one supervisory
teacher for the first fifty classroom
teachers employed in all
districts that are provided supervisory
services calculated under
section 3317.023 of the Revised Code
and one supervisory teacher
for every additional one hundred such
classroom teachers so
calculated. Reimbursement for such
supervisory services shall be
a deduction by the state board of
education from the payment to
the school district pursuant to
division (E) of section 3317.023
of the Revised Code. Deductions for all
supervisory services and
extended services for
supervisory and child study shall be
apportioned among local school districts within the territory of
the service
center and any city or exempted village districts that
have
entered into agreements with a service center pursuant to
section 3313.843 of the Revised Code by the state board of
education on the basis of the total number of pupils in each
school district, except that where such services are provided to
districts other than local school districts within the
service
center territory and city or exempted village districts having
agreements with the service center, such charges shall be
apportioned among
all participating districts on the basis of the
total number of
pupils in each school district. All deductions
from state
funding to school districts required for reimbursement
of
governing boards by division (E) of section 3317.023 of the
Revised Code shall be made from the total of the payment computed
for the
district
under this
chapter, after
making any other
adjustments in that payment required by law. (B)(1) In addition to the payments made under division (A)
of
this section, except as otherwise provided in division
(C) of
this
section, the department of education shall pay each governing
board
thirty-seven dollars times
the sum of the
service
center
ADM and the sum of
the client ADMs of all its client
districts
in
fiscal
years 2002
and 2003. (2) In addition to other payments under this section, the
department shall pay each educational service center the amounts
due to it
from school districts pursuant to contracts, compacts,
or agreements under
which the service center furnishes services to
the districts or their
students. In order to receive payment
under this division, an educational
service center shall furnish
either a copy of the applicable contract,
compact, or agreement
clearly indicating the amounts of the payments, or a
written
statement of the payments owed signed by the superintendent or
treasurer of the responsible school district. The amounts paid to service centers under division (B)(2) of
this
section shall be deducted from payments to school districts
pursuant to
division (K)(2) of section 3317.023 of the Revised
Code. (C) Each multicounty service center shall receive
a payment
each fiscal year
equal to forty dollars and
fifty-two cents times
the sum of the service center ADM
and the client ADMs of all its
client districts. (D) Each city, exempted village, local, joint vocational,
or
cooperative education school district shall
pay to the governing
board of an educational service center any amounts agreed
to for
each child enrolled in the district who receives special education
and
related services or vocational education from the educational
service center. (E) As used in this section: (1)
"Service center ADM" means the
total of each of the
following for all local school districts within the
limits of an
educational service center's territory: (b) The kindergarten average daily
membership included in
the formula ADM; (c) Three-quarters of the number of students reported under
division (B)(4)
of section 3317.03 of the Revised Code; (d) The average daily membership of handicapped
preschool
children reported under division
(B)(2) of section 3317.03 of the
Revised Code; (e) The number of preschool students certified under
division (B) of section 3317.032 of the Revised Code. (2)
"Client ADM" means the total of
each number described
under divisions (E)(1)(a) to
(e) of this section for a client
district. (3)
"Client district" means a city or exempted village
school
district
that has entered into an agreement to receive
services
from a service center
pursuant to section 3313.843 of the
Revised
Code. (4)
"Multicounty service center" means a service center that
includes
territory that formerly was included in the territory of
at least three former
service centers or county school districts,
which former centers or districts
engaged in one or more mergers
pursuant to section 3311.053 of the
Revised Code to form the
present center.
Sec. 4507.05. (A) The registrar of motor vehicles, or
a
deputy registrar, upon receiving
an application
for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is
at least fifteen years and six months of age, may
issue such a
permit and identification card entitling the applicant to
drive a
motor vehicle,
other than a commercial motor vehicle, upon the
highways
under the following conditions: (1) If the permit is issued to a person who is at least
fifteen years
and six months of age, but less than sixteen years
of age: (a) The permit and identification card are in the
holder's
immediate possession; (b) The holder is accompanied by an eligible adult
who
actually occupies the seat beside the permit holder; (c) The total number of occupants of the vehicle
does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the
vehicle is wearing all of the available elements
of a properly adjusted
occupant restraining device. (2) If the permit is issued to a person who is at least
sixteen years of
age: (a) The permit and identification card are in the holder's
immediate
possession; (b) The holder is
accompanied by a licensed operator who is
at least twenty-one years of age
and is actually occupying a
seat
beside the driver; (c) The total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of the
available elements
of a properly adjusted occupant restraining
device.
(B) The registrar or a deputy registrar,
upon receiving from
any person an application for a temporary
instruction permit and
temporary instruction permit identification card
to
operate a
motorcycle or motorized bicycle,
may issue such a permit and
identification card entitling the
applicant, while
having the
permit and identification card in the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar.
A temporary instruction
permit and temporary instruction permit
identification card to
operate a motorized bicycle may be issued
to a person fourteen or
fifteen years old. (C) Any permit and identification card issued under this
section shall be
issued in the same manner as a driver's license,
upon a
form to be
furnished by the registrar.
A temporary
instruction
permit to drive a motor vehicle other than a
commercial motor vehicle
shall be valid for a period of one year.
(D) Any person having in the person's possession a
valid and
current
driver's license or motorcycle operator's license or
endorsement
issued to the person by another jurisdiction
recognized by
this state is
exempt from obtaining a temporary
instruction permit for a
driver's license, but shall submit to the
regular examination in
obtaining a driver's license or motorcycle
operator's endorsement
in this state.
(E) The registrar may adopt rules governing the use
of
temporary instruction permits and temporary
instruction permit
identification cards.
(F)(1) No holder of a permit issued
under division (A) of
this
section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A)
of this section. (2) Except as provided in division (F)(2) of this section,
no
holder of a permit that is issued under division
(A) of this
section and that is issued on or
after the effective date of this
amendment, and who has not attained the age
of seventeen years,
shall
operate a motor vehicle upon a highway or any public or
private property used
by the public for purposes of vehicular
travel or parking between the hours of
one a.m. and five a.m. The holder of a permit issued under division (A) of this
section
on
or after the effective date of this amendment, who has
not attained the age of
seventeen years, may operate a motor
vehicle upon a highway or any public or
private property used by
the public for purposes of vehicular travel or parking
between the
hours of one a.m. and five
a.m. if, at the time of such operation,
the holder is
accompanied by the holder's parent, guardian, or
custodian, and the parent,
guardian, or custodian holds a current
valid driver's or commercial driver's
license issued by this state
and is actually occupying a seat beside the
permit holder. (G)(1) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (A) of this
section, or for the sole purpose
of issuing a ticket, citation,
or summons if the requirement in
that division has been or is
being violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement. (2) Notwithstanding any other provision of law to the
contrary, no law
enforcement officer shall cause the operator of a
motor vehicle being operated
on any street or highway to stop the
motor vehicle for the sole purpose of
determining whether a
violation of division
(F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons
for
such a violation or for causing the arrest of or
commencing a prosecution of a
person for such violation. (H) As used in this section: (1) "Eligible adult" means any of the following: (a) An instructor of
a driver education course
approved by
the department of education or a driver training course approved
by
the department of public safety; (b) Any of the following persons who holds a current
valid
driver's or commercial driver's license issued by this state: (i) A parent, guardian, or custodian of the permit
holder; (ii) A person twenty-one years of age or older who
acts in
loco parentis of the permit holder. (2) "Occupant restraining device" has the same meaning as
in
section 4513.263 of the
Revised
Code.
Sec. 4507.21. (A) Each applicant for a driver's license
shall file an application in the office of the registrar of motor
vehicles or of a deputy registrar.
(B)(1) Each person under eighteen
years of age applying for
a driver's license issued in this state
shall present satisfactory
evidence of having successfully
completed
any one of the
following: (a)
A driver education course approved by the state
department of education
prior to December 31, 2003. (b) A driver training course approved by
the director of
public safety. (c) A driver training course comparable to a
driver
education or driver
training course described in division
(B)(1)(a)
or
(b) of this section and
administered by a branch of
the armed forces of the United States and
completed by the
applicant while residing outside this state for the purpose
of
being with or near any person serving in the armed forces of the
United
States. (2) Each person under eighteen years of age applying for a
driver's license also shall present, on a form prescribed by the
registrar, an
affidavit signed by an eligible adult attesting that
the person has acquired
at least fifty hours of actual driving
experience, with at least ten of those
hours being at night. (C) If the registrar or deputy registrar determines that the
applicant is entitled to the driver's license, it shall be
issued.
If the application shows that the applicant's license
has been
previously revoked or suspended, the deputy registrar
shall
forward the application to the registrar, who shall
determine
whether the license shall be granted. (D) All applications shall be filed in duplicate, and the
deputy registrar issuing the license shall immediately forward to
the office of the registrar the original copy of the application,
together with the duplicate copy of the certificate, if issued.
The registrar shall prescribe rules as to the manner in which the
deputy registrar files and maintains the applications and other
records. The registrar shall file every application for a
driver's or commercial driver's license and index them by name
and
number, and shall maintain a suitable record of all licenses
issued, all convictions and bond forfeitures, all applications
for
licenses denied, and all licenses which have been suspended
or
revoked. (E) For purposes of section 2313.06 of the Revised Code,
the
registrar shall maintain accurate and
current lists of the
residents of each county who are eighteen
years of age or older,
have been issued, on and after January 1,
1984, driver's or
commercial driver's licenses that are valid and
current, and would
be electors if they were registered to vote,
regardless of whether
they actually are registered to vote. The
lists shall contain the
names, addresses, dates of birth,
duration of residence in this
state, citizenship status, and
social security numbers, if the
numbers are available, of the
licensees, and may contain any other
information that the
registrar considers suitable. (F) Each person under eighteen years of age applying for a
motorcycle operator's endorsement or a restricted license
enabling
the applicant to operate a motorcycle shall present
satisfactory
evidence of having completed the courses of instruction in the
motorcycle safety and education program described in section
4508.08 of the Revised Code or a comparable course of instruction
administered
by a branch of the armed forces of the United States
and completed by the
applicant while residing outside this state
for the purpose of being with or
near any person serving in the
armed forces of the United States. If the
registrar or deputy
registrar then determines that the applicant is entitled
to the
endorsement or restricted license, it shall be issued. (G) No person shall knowingly make a false statement in an
affidavit presented in accordance with division (B)(2) of this
section. (H) As used in this section, "eligible adult" means any of
the
following persons: (1) A parent, guardian, or custodian of the applicant; (2) A person over the age of twenty-one who acts in loco
parentis of the
applicant and who maintains proof of financial
responsibility with respect to
the operation of a motor vehicle
owned by the applicant or with respect to the
applicant's
operation of any motor vehicle.
Sec. 4508.01. As used in this chapter: (A) "Beginning driver"
means any person being trained to
drive a particular motor
vehicle who has not been previously
licensed to drive that motor vehicle
by any state or country. (B) "Disabled person" means a person who, in the opinion of
the
registrar of motor vehicles, is afflicted with or suffering
from a physical or
mental disability or disease that prevents the
person, in the absence of special training or equipment, from
exercising reasonable and ordinary control over a motor vehicle
while operating the vehicle upon the highways. "Disabled person"
does not mean any person who is or has been subject to any
condition resulting in episodic impairment of consciousness or
loss of muscular control and whose condition, in the opinion of
the registrar, is dormant or is sufficiently under medical control
that the person is capable of exercising reasonable and ordinary
control over a motor vehicle. (C) "Driver
training school" or "school" means
both
any of
the following: (1) A
private business
enterprise conducted by an
individual, association, partnership, or
corporation for the
education and training of persons to operate or drive motor
vehicles, that uses
public streets or highways to provide
training, and
that charges a
consideration or tuition for such
services; (2) A lead school district as provided in section 4508.09 of
the Revised Code;
(3) A board of education of a city, exempted village, local,
or joint vocational school district or the governing board of an
educational service center that offers a driver education course
for high school students enrolled in the district or in a district
served by the educational service center. (D) "Instructor" means any person, whether acting
for
self
as operator of a driver training school or for
such a
school for
compensation, who teaches, conducts classes of, gives
demonstrations to, or supervises practice of, persons learning to
operate or
drive motor vehicles. (E) "Lead
school district" means a school district,
including a joint vocational school
district, designated by
the
department of education as either a vocational education planning
district
itself or as
responsible for providing primary vocational
education leadership
within a vocational education planning
district that is composed
of a group of districts. A "vocational
education planning
district" is a school district or group of
school districts
designated by the department as responsible for
planning and
providing vocational education services to students
within the
district or group of districts.
Sec. 4508.02. (A) The director of public safety, subject to
Chapter 119. of
the Revised Code, shall adopt and prescribe such
rules concerning the
administration and enforcement of this
chapter as are necessary to
protect the public. The
director
shall inspect the
school facilities and equipment of applicants
and licensees and examine
applicants for instructor's licenses. (B) The director shall administer and enforce this chapter,
and may call
upon the state
superintendent of public
instruction
for assistance in developing and formulating the rules for
training beginning drivers.
(C) The rules shall require twenty-four hours of classroom
instruction, and eight hours of actual behind-the-wheel
instruction conducted
on public streets and highways of this state
for all beginning drivers of noncommercial motor vehicles who are
under age eighteen. (D) The rules shall state the minimum hours for classroom
and
behind-the-wheel instruction required for beginning drivers of
commercial
trucks, commercial cars, buses, and commercial
tractors, trailers, and semi-trailers.
Sec. 4508.021. (A) As used in this section: (1) "State agency"
has the same meaning as in section 1.60
of the Revised Code. (2) "Electronic medium" means a video cassette tape, CD-ROM,
interactive videodisc, or other format used to convey information
to students through electronic means.
(B) The classroom instruction required by division (C) of
section 4508.02 of the Revised Code shall include the
dissemination of information regarding anatomical gifts and
anatomical gift procedures or a presentation and discussion of
such gifts and procedures in accordance with this section. The
second chance trust fund advisory committee created under section
2108.17 of the Revised Code shall approve any brochure, written
material, or electronic medium used by a driver training school
to
provide information to students regarding anatomical gifts and
anatomical gift procedures. However, the committee shall not
approve any such brochure, written material, or electronic medium
that contains religious content for use in a driver education
course conducted by a school district or educational service
center.
(C)(1) If any brochure or other written material approved by
the committee under division (B) of this section is made available
to a driver training school at no cost, the instructor shall
provide
such brochure or material to students.
(2) If any electronic medium that is less than twenty
minutes in length and that is approved by the committee under
division (B) of this section is made available to a driver
training school at no cost, the instructor shall show the
electronic medium to students, provided that the school maintains
operable viewing equipment. If more than one such electronic
medium is made available to a school in accordance with this
division, the instructor shall select one electronic medium from
among those received by the school to show to students.
(3) If no electronic medium
is shown to students as
specified in division (C)(2) of this section, the instructor shall
organize a classroom
presentation and discussion regarding
anatomical gifts and
anatomical gift procedures. The instructor
may arrange for the
presentation to be conducted by an employee of
the department of
health or any other state agency, an employee or
volunteer of the
second chance trust fund, an employee or
volunteer of any
organization involved in the procurement of organ
donations, an
organ donor, or an organ recipient, provided that no
such person
charges a fee to the school for the presentation.
However, no
such presentation that contains religious content
shall be made to
students of a driver education course conducted
by a school
district or educational service center. Students shall
be granted
the opportunity to ask questions on anatomical gifts
and
anatomical gift procedures during the presentation and
discussion.
Nothing in this section shall prohibit an instructor from
also organizing a classroom presentation and discussion regarding
anatomical gifts and anatomical gift procedures in accordance with
this division if the instructor shows an electronic medium to
students pursuant to division
(C)(2) of this section. (D)
No student shall be required to participate in any
instruction in anatomical gifts or anatomical gift procedures
conducted under this section upon written notification from the
student's parent or guardian, or the student if the student is
over eighteen years of age, that such instruction conflicts with
the religious convictions of the student or the student's parent
or guardian. If a student is excused from such instruction, the
instructor shall give the student an alternative assignment.
Sec. 4508.07. Sections 4508.01 to 4508.06, inclusive, of the
Revised Code, do
not apply to any person giving driver training
lessons without charge, to
employers maintaining driver training
schools without charge for their
employees only, nor to schools or
classes conducted by colleges,
and universities
and high schools
for regularly enrolled full time students as a part of a
normal
program for such institutions.
Sec. 5502.01. (A) The department of public safety shall
administer
and enforce the laws relating to the registration,
licensing, sale, and
operation of motor
vehicles and the laws
pertaining to the licensing of drivers of motor
vehicles. The department shall compile, analyze, and publish statistics
relative to
motor vehicle accidents and the causes of them,
prepare
and conduct educational programs for the purpose of
promoting safety in the
operation of motor vehicles
on the
highways,
assist the state board of education in the formulation
of
minimum standards for driver education courses of instruction,
encourage
driver
instruction in the high schools of the state, and
conduct research and studies
for the purpose of promoting safety
on the highways of this state.
(B) The department shall administer the laws and rules
relative to trauma
and emergency medical
services specified in
Chapter 4765. of the Revised Code. (C) The department shall administer and enforce the laws
contained in Chapters 4301. and 4303. of the Revised Code
and
enforce the rules and
orders
of the
liquor control commission
pertaining to retail liquor permit holders. (D) The department shall administer the laws governing the
state
emergency management agency and shall enforce all additional
duties and
responsibilities as prescribed in the Revised Code
related
to emergency management services. (E) The department shall conduct investigations pursuant to
Chapter 5101. of the Revised Code in support of the
duty of the
department of
human
job and family
services to administer food
stamp programs
throughout this state. The
department of public
safety shall
conduct investigations necessary to protect
the
state's property
rights and interests in the food stamp program. (F) The department of public safety shall enforce compliance
with
orders and rules of the public utilities commission and
applicable laws in
accordance with Chapters 4919., 4921., and
4923. of the Revised Code regarding
commercial motor vehicle
transportation safety, economic, and hazardous
materials
requirements. (G) Notwithstanding Chapter 4117. of the Revised Code, the
department
of public safety may establish requirements for its
enforcement
personnel, including its enforcement agents described
in section
5502.14 of the Revised Code, that include standards of
conduct, work rules and
procedures, and criteria for
eligibility
as law enforcement personnel. (H) The department shall administer, maintain, and operate
the Ohio
criminal justice network. The Ohio criminal justice
network
shall be a computer network that supports state and local
criminal justice activities. The network shall be an electronic
repository for various data, which may include arrest warrants,
notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle
operator's licenses, and vehicle registrations and
titles.
Section 2. That existing sections 2108.17, 3301.07, 3301.0714,
3301.17, 3313.201,
3313.641, 3315.091, 3317.11, 4507.05, 4507.21,
4508.01, 4508.02, 4508.07,
and 5502.01 of the
Revised Code are
hereby repealed.
Section 3. (A) Except as required by division (B) of this
section, notwithstanding any provision of Chapter 4508. of
the
Revised Code to the contrary, the board of education of any
city,
exempted village, local, or joint vocational school district
or
the governing board of any educational service center may
continue
to offer a driver education course for credit for high
school
students in accordance with the minimum standards
established by
the State Board of Education under former division
(E) of section
3301.07 of the Revised Code, as it existed prior to
the effective
date of this section, until December 31, 2003.
After December 31,
2003, no school district or educational service
center shall offer
a driver education course unless the district
board or governing
board of the educational service center obtains
a license to
conduct such a course as required by section 4508.03
of the
Revised Code and complies with all other applicable rules
adopted
by the Director of Public Safety under section 4508.02 of
the
Revised Code, and no such course shall be offered for credit.
(B) Any school district or educational service center that
offers a driver education course pursuant to section 3301.17 of
the Revised Code shall include the dissemination of information
regarding anatomical gifts and anatomical gift procedures or a
presentation and discussion of such gifts and procedures as part
of the classroom instruction as required by section 4508.021 of
the Revised Code, as enacted by this act.
Section 4. Notwithstanding section 4507.05 of the Revised
Code, as amended by this act, until December 31, 2003, an
instructor of a driver education course approved by the Department
of Education shall be considered an eligible adult for the purpose
of accompanying a person holding a temporary instruction permit
while such person is driving a motor vehicle.
Section 5. Within 30 days after the effective date of this
act, in preparation for the transfer of the driver education
program from the Department of Education to the Department of
Public Safety, in fiscal year 2003 the Director of Budget and
Management shall transfer $50,000 in appropriation and cash from
appropriation item 200-100, Personal Services, General Revenue
Fund, Department of Education, to appropriation item 764-321,
Operating Expense - Highway Patrol, Highway Safety Fund (Fund
036), Department of Public Safety.
|