4501:1-1-31 Driver's license suspension for certain school violations.

(A) Upon receipt of information that a child of compulsory school age has withdrawn from school for a reason other than because of a change of residence and is not enrolled in and attending in accordance with school policy an approved program to obtain a diploma or its equivalent, the superintendent of schools of that district shall notify the registrar of motor vehicles of the withdrawal and failure to enroll in and attend an approved program to obtain a diploma or its equivalent. The notification to the registrar shall include a statement to the effect that the child is of compulsory school age, has withdrawn from school for a reason other than a change of residence, and is not enrolled in an approved program to obtain a diploma or its equivalent.

(B) If the board of education of a school district adopts a resolution providing that the provisions of division (B)(2) of section 3321.13 of the Revised Code apply within the district, and if the superintendent of schools of that district determines, after giving notice and an opportunity for an appearance before the superintendent or the superintendent's designee as provided in division (B)(2) of section 3321.13 of the Revised Code, that a child of compulsory school age has been absent without legitimate excuse from the school the child is supposed to attend for more than ten consecutive school days or for at least fifteen total school days, the superintendent shall notify the registrar of motor vehicles that the child has been absent for that period of time and that the child does not have any legitimate excuse for the habitual absence. The notification to the registrar shall include a statement to the effect that the board of education has adopted a resolution providing that division (B)(2) of section 3321.1 [ 3321.13 probably intended] of the Revised Code applies within the district and that the child is of compulsory school age and has been absent without legitimate excuse for more than ten consecutive school days or at least fifteen total school days.

(C) Whenever a pupil is suspended or expelled from school pursuant to section 3313.66 of the Revised Code and the reason for the suspension or expulsion is the use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse, the superintendent of schools of that district may notify the registrar of such suspension or expulsion. Any such notification of suspension or expulsion shall include a statement to the effect that the pupil has been suspended or expelled from school pursuant to section 3313.66 of the Revised Code because of the use or possession of alcohol, a drug of abuse, or both.

(D) A notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion given to the registrar under division (B)(1), (B)(2), or (B)(3) of section 3321.13 of the Revised Code, shall contain the name, address, date of birth, school, and school district of the child. If it is available and disclosure is not prohibited by law, the social security number of the child shall also be included. If the superintendent finds, after giving a notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion to the registrar, that the notification was given in error, the superintendent immediately shall notify the registrar of that fact.

(E) Nothing contained in this rule shall prohibit the use of a copy of the notification form prescribed by the registrar of motor vehicles for the purpose of giving notice to the juvenile judge of the county in which the district is located as required by section 3321.13 of the Revised Code.

(F) Upon receipt of any notification given by a superintendent under this rule, the registrar shall determine whether the information provided is sufficient to permit the registrar to take the suspension action set forth in section 4510.32 of the Revised Code. If the registrar determines that the information is sufficient, the registrar shall impose the suspension. If the registrar determines that the information is not sufficient, the registrar shall return the notification to the superintendent and shall not impose the suspension until sufficient information is provided by the superintendent.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 3321.13
Rule Amplifies: R.C. 3321.13 , R.C. 4510.32
Prior Effective Dates: 4/3/97, 4/23/06