Current through all regulations passed and filed through September 16, 2024
[Comment: For dates and availability of material incorporated
by reference in this rule, see paragraph (A) in rule
4501-7-39 of the Administrative
Code.]
(A) Each licensed school shall
maintain student records for three years from the date the record was
finalized, regardless of whether the student has completed all
training.
(B) For a class "D" and
CDL licensed school, a distinct record shall be kept for classroom instruction,
and a distinct record shall be kept for behind-the-wheel training. These
records include:
(1) A record of the material
taught for each student in each training session, which includes:
(a) The student classroom and
behind-the-wheel records shall include the student's name and address; driver
license or permit number and, if applicable, its issuance date; the date of
each training session; and the actual starting time, break time, and the actual
ending time for each session the student completed;
(b) Each behind-the-wheel session notation
signed or initialed by the student and instructor, who provided the training,
after completion of the training. The record also includes the instructor's
license number for each session;
(c) The signature of the training manager or
instructor on the final record confirming all training has been successfully
completed;
(d) A record of each
training session administered by the school including the date, time, break
time, topic of instruction, instructor of record, and complete roster of the
students attending such session. In addition, for virtual classroom, a copy of
the student roster footprint showing each student's log in and log out
times;
(e) A copy of the student's
final examination;
(f) For a class
"D" student, a record of every student's proof of completion for instruction
obtained through an online provider in a manner prescribed by the
director.
(2) For a
class "D" training course, a copy of the completed and signed final record for
each student who is less than eighteen years of age, if applicable to the
student, includes the following notations:
(a)
That the student received all classroom instruction or the equivalent online
instruction as required by this chapter and division (C) of section
4508.02 of the Revised
Code;
(b) That the student has
satisfactorily completed the behind-the-wheel instruction required by this
chapter and division (C) of section
4508.02 of the Revised
Code;
(c) The student's score on
any examination of knowledge required by rule
4501-7-09 of the Administrative
Code;
(d) A record of the
"Certificate of Completion" issued including its number and the date of
issue.
(3) For each
student in a training course for the operation of commercial motor vehicles,
the records include the following notations:
(a) That the student received all classroom
and behind-the-wheel instruction required by rule
4501-7-28 of the Administrative
Code.
(b) The student's final test
score.
(4) A record of
every driver training certificate of completion issued by the enterprise to
students under eighteen years of age in the format prescribed by the
director.
(5) A copy of the fully
executed training agreement between the enterprise and each student
trained.
(C) For an
online licensed school, the records include, at a minimum;
(1) The student's name and address;
(2) The date the student started and date the
student completed the program;
(3)
Each start time, each end time, and total cumulative time spent in of each
module of the online program;
(4)
The agreement between the enterprise and each student trained;
(5) A record of the "Certificate of
Completion of an Online Driver Education Program" issued by the online provider
to students under eighteen years of age, in a format prescribed by the
director;
(6) The records for each
examination provided to each student, which includes:
(a) All of the questions asked and the
student's responses;
(b) The name
or identity of the online instructor entering comments or responding to
questions during each final examination.
(D) All driver training enterprises and
schools shall maintain an instructor file for all instructors currently
employed and maintain the records for at least three years following the
termination of an instructor's employment. The records include:
(1) A copy of each instructor's current
license. The instructor's license, or a photocopy of the license, shall also be
maintained by the instructor, and by each enterprise for which the instructor
trains. The license, or a photocopy thereof, is kept in the instructor's
possession at any time the instructor is training students.
(2) The enterprise or organization that
completed the training is responsible for maintaining the records of the
instructors. This includes the dates, times, location of training and
curriculum used.
(3) For
instructors with the training manager endorsement or disability endorsement,
proof of completion of the training provided to obtain such
endorsement.
(4) An annual
assessment for all instructors performed by the training manager, or a certified driver rehabilitation specialist for a
disability instructor, that are in a written format pre-approved by the
director.
(5) Proof of the annual
"Sexual Harassment Prevention Training" course completion.
(6) Proof of satisfactory completion of a
pre-approved advanced training course as set forth in paragraphs
(G) and/or
(V) of
rule 4501-7-05 of the Administrative
Code, whichever is applicable.
(7)
The "Driver Training Personnel Physical Examination" as set forth in paragraph
(F) of rule
4501-7-03 of the Administrative
Code.
(8) For a class "D" school
records include a record of the schedule or log for behind-the-wheel
instruction for each instructor that includes the date, start and ending time,
and student name for each lesson.
(9) Records for a training manager and/or
instructor's behavioral problem(s) that give good cause for the belief that the
instructor and/or training manager could be physically or mentally unfit to
perform their duties. The records also include disciplinary actions taken to
correct such behavior in the instructor's file.
(E) Driver training enterprises and schools
shall also maintain a file for business records. Business records include:
(1) The current school license. A copy shall
be made available to any person upon request. Except for an online driver
training program, the original school license is posted in the school in a
conspicuous location where any person who enters the school can see it. If a
license cannot be posted at the school, the license, or a copy thereof, is
carried to each training session provided in that school.
(2) A copy of the deed, lease, or rental
agreement for the property used as the established place of business;
(3) Proof of valid insurance coverage as set
forth in paragraph (B) or (C) in rule
4501-7-08 of the Administrative
Code, whichever is applicable;
(4)
Proof of a valid and continuous bond or escrow account covering the
enterprise's obligations to provide student instruction as set forth in
paragraph (F) in rule
4501-7-08 of the Administrative
Code;
(5) For a CDL enterprise, a
copy of the range layout including dimensions of the run-off areas and
dimensions of the specific exercise dimensions as set forth in paragraph (H) of
rule 4501-7-04 of the Administrative
Code.
(6) The annual "Motor Vehicle
Inspection List";
(7) A complete
copy of the required curriculum and lesson plans used by the school and any
supporting textbooks, articles, or other sources of driver training information
used for the classroom, online equivalent or behind-the-wheel
instruction.
(F) If an
instructor, authorizing official, or manager permits the use of a stamped or
electronically produced signature, that instructor, official, or manager is
responsible for securing the stamp or electronic means, and that instructor,
official, or manager is responsible for any document on which that
instructor's, official's, or manager's signature is produced.
(G) All records required to be maintained by an enterprise under the
rules of this chapter, that are stored in a file in the office, shall be kept accurately and in an office of the
school that conforms to the standards in this chapter. Finalized records may be
stored at the enterprise's main office. Active student records shall be stored
on site in the classroom or in an office located in the same county as or in a
county adjacent to where the training takes place. The authorizing official or
training manager shall make all records available for inspection by the
director. The authorizing official or training manager shall make all
applicable records available for inspection by a student and/or the student's
parent or legal guardian at any and all reasonable times. These documents shall
be furnished upon request to the director.
(H) If a school closes or an enterprise
discontinues business for any reason, the authorizing official or training
manager shall complete and submit the "Enterprise Closing Procedure" to the
director at least thirty days prior to closing.
(I) No person shall falsify, alter, or in any
manner tamper with any records required to be kept in this chapter.
(J) All records required to be maintained by
an enterprise under the rules of this chapter, that are stored electronically,
shall be stored either in a secured computer at the office for the enterprise
or at a secure off-site data center within the United States. The authorizing
official or training manager shall make all records available for inspection by
the director. The authorizing official or training manager shall make all
applicable records available for inspection by a student and/or the student's
parent or legal guardian at any and all reasonable times. Any records required
to be maintained which are in a computer database shall be accessible and
capable of being distinguished from non-related records.
