SBE/ODE Administrative rules
SBE/ODE Administrative rules
Note: For NON-administrative rule-related questions, please contact customer service at ODE's toll-free phone number (877-644-6338).
SBE/ODE Rule Process
Everything one needs to know about our administrative rules process is described on this page…
The State Board of Education (SBE), as the rule-making body for the Ohio Department of Education, amends, rescinds, and adopts new rules concerning primary and secondary education in Ohio. The process of amending, rescinding, and adopting new rules at ODE differs somewhat than that of other rule-making entities in Ohio that may not have a governing board with rule-making authority. The SBE/ODE rule-making process is aptly described as a harmonization of the requirements of the Common Sense Initiative (CSI), Joint Committee on Agency Rule Review (JCARR) and the SBE.
Just as a statute is law, a rule is a regulation. Whereas statutes are contained within the Ohio Revised Code, rules are contained within the Ohio Administrative Code. Rules have the full force of law, but are usually more detailed. The key difference between a statute and a rule, however, is that whereas the Ohio General Assembly writes legislation, which becomes law, state agencies (like ODE) are tasked with writing rules. The primary purpose of an administrative rule is to flesh-out or implement a statute.
Per Ohio law, existing administrative rules must be reviewed at least once every five years. Rule review entails deciding whether a rule should be amended, rescinded, or kept the same, subject to the CSI process pursuant to Senate Bill 2 of the 129th General Assembly, and filing it with JCARR, Legislative Service Commission (LSC), and the Secretary of State.
Rules proposed to be amended, rescinded, adopted as new, or those requiring no change are filed with JCARR, the oversight committee tasked with reviewing rules on behalf of the Ohio General Assembly. Go to JCARR for more information on the JCARR process; however, it is the primary task of JCARR to ensure proposed rule actions do not conflict with the law.
Prior to filing a rule with JCARR, LSC, and the Secretary of State, ODE provides an analysis of the rule’s content to the SBE and recommends that the rule either be adopted as new, amended or rescinded. The combined processes of CSI, the SBE, and JCARR can take up to six months, or longer, and unfolds as follows:
CSI process (as applicable) – If rule content could have an “adverse” impact on “business” the rule is subject to the CSI process, which can last a month or longer.
Committee discussion of proposed rule actions – Three SBE standing committees, Accountabilty, Achievement and Capacity, are tasked with considering rule actions proposed by ODE.
Resolution of Intent to amend, to rescind, or adopt a new rule – Following its discussion of the proposed rule action, the committee will make a recommendation to the full SBE that a rule either be amended, rescinded, or adopted as new in the form of a Resolution of Intent that will be voted on by the full SBE during its business meeting.
Original filing of proposed rule action – Contained within the Resolution of Intent adopted by the full SBE is direction to ODE that the proposed rule action be filed with JCARR, LSC, and Secretary of State.
Chapter 119. hearing – The rules filed with JCARR will appear on the agenda of a public hearing, typically held before the SBE, within 31 to 40 days from the date of original filing.
JCARR hearing – The rules filed with JCARR will appear on the agenda of the last JCARR hearing held during the committee’s 65-day legislative jurisdiction over the rule.
Resolution to amend, to rescind, or adopt a new rule – The last step in the SBE policy-making process is the adoption by the full SBE of a resolution that finalizes the SBE’s position on the proposed rule action.
Final filing of proposed rule action – Contained within the Resolution to amend, to rescind, or adopt a new rule is direction to ODE that the proposed rule action is to be filed in final form with JCARR, LSC, and the Secretary of State. Both the effective date of the proposed rule action and next five-year review date are established when the rule is Final Filed.
Access to Rules
This page provides access to ODE’s rules including existing rules and rules recently filed with JCARR. For information regarding rules that may be in development in one of our offices, please contact ODE's Administrative Rule Coordinator.
Existing administrative rules – Rules currently in effect can be accessed through Lawriter at http://codes.ohio.gov/. Simply click the link entitled Administrative Code and scroll down to Chapter 3301, Department of Education.
Rules recently filed with JCARR - Proposed rule actions are posted the day following the date of original filing up to 365 days following the date of the final filing on the Register of Ohio (www.registerofohio.state.oh.us). The Register of Ohio provides easy access to recently-filed administrative rules and accompanying public hearing notices. In order to make searching for a rule easy, the Register of Ohio allows visitors to search for the rule by filing agency (e.g. ODE), public hearing date and file date. A visitor may also search for a proposed and recently adopted rule by rule number, keyword in rule title, filing agency or public hearing date.
Tracking administrative rules – Rule progress can be tracked at RuleWatch, www.rulewatchohio.gov/
Note on Stakeholder Review
Both the SBE and ODE place a high premium on input from the field prior to initiating a proposed rule action. As a valued education stakeholder, please feel free to contact a program office directly or ODE’s Administrative Rule Coordinator to discuss your concern regarding upcoming rule actions.
Last Modified: 5/22/2013 10:59:21 AM