Ohio Administrative Code (OAC) Rule Comments

Ohio Administrative Code (OAC) Rule Comments

The Ohio Department of Education staff drafts and edits administrative rules, which have not yet been formally proposed for adoption by the State Board of Education or the state superintendent. During the initial drafting of rules, every effort is made to solicit input from affected organizations and individuals. Upon posting the draft rules, the Department sends out e-notification alerts to interested parties. Rules may be posted through the lieutenant governor’s Common Sense Initiative office, if applicable. For rules that go through the Common Sense Initiative process, the review concludes with a formal report clearing the way for the Department to file the rules with the Joint Commission on Agency Rule Review or recommend further changes. If the Common Sense Initiative process does not apply, the rules are filed with the Joint Commission on Agency Rule Review.

The rules for review are listed below:


OAC 3301-89 Transfers of Territory Rules 3301-89-01 through 3301-89-04 are being reviewed pursuant to the five-year rule review. The following reflects the proposed amendments:

OAC 3301-89-01 titled “General policies of the state board of education in a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code” is being amended to remove language that requires the Department to make its files available as it is a legal requirement under Chapter 149 of the Ohio Revised Code and to clarify one of the requirements related to negotiations.

OAC 3301-89-02 titled “Procedures of the state board of education in a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code” is being amended to clarify the requirements for a school district or board of education initiating a request and the requirements for a person initiating a request.

OAC 3301-89-03 titled “Factors to be considered by a hearing officer appointed to hear a request for transfer of territory under section 3311.06 or 3311.24 of the Revised Code” is not being amended.

OAC 3301-89-04 titled “Procedures governing negotiations of school districts, other than urban school districts as defined in division (A)(3) of section 3311.06 of the Revised Code” is being amended to add an “and” in one of the sections.
 
OAC 3301-24-04 "Teacher residency" As part of its five-year review, OAC 3301-24-04 is being amended to clarify the rule and incorporate changes the Department has made to the teacher residency program. The Department intends to rescind the current version of OAC 3301-24-04 and replace it with the proposed version of OAC 3301-24-04. 


OAC 3301-47-01 "Establishment of an education program for parents of truant students"
 As part of its five-year review, the rule is being amended to provide clarity and align it with changes that House Bill 410 has made to other parts of Ohio law.  
 
OAC 3301-37-04 "Staff" 
This rule is being amended as a result of House Bill 49, 132nd General Assembly, which requires the State Board of Education’s rules to require the staffing ratios for programs with preschool children with disabilities to be in accordance with Ohio Revised Code §3323.022.  
 
Comment deadline: December 2, 2017​

OAC 3301-51-11 "Preschool children eligible for special education"
This rule is being amended as a result of House Bill 49, 132nd General Assembly, which requires the State Board of Education’s rules to require the staffing ratios for programs with preschool children with disabilities to be in accordance with ORC §3323.022. 
 
  OAC 3301-7-01 "Standards for the ethical use of tests" is being amended to update language. 
 
 OAC 3301-13-01 through -02 and 3301-13-05 through -07

OAC 3301-13-01 titled “Defining terms and establishing statewide assessmentsis being amended to align with current Ohio law regarding state assessments in Section A.  Section B was deleted as it included policy and procedure, not definitions.

OAC 3301-13-02 titled "Administering required state assessments at the designated grades" is being amended to align with current Ohio law regarding state assessments and to include policy and procedure deleted from OAC 3301-13-01.

OAC 3301-13-05 titled "Establishing security and security investigation provisions for assessments" is being amended to update language and to delete sections that are either no longer applicable or are within Ohio Revised Code.

OAC 3301-13-06 titled "Scoring and reporting assessments" is being amended to update language and to delete sections that are either no longer applicable or are within Ohio Revised Code.

OAC 3301-13-07 titled "Establishing the provisions and decision procedures for the fairness sensitivity review committee" is being revised to update language and to add or delete sections based on changes to Ohio Revised Code.
 

 OAC 3301-13-03 titled " Establishing provisions for the participation of students with disabilities in required assessments administered at the designated grades”  is being amended as part of the five-year rule review. The amendments change the language from “assessments” to “state tests,” remove duplicative content regarding eligibility for excusal from state tests found in Section 3301-0711(C) of the Revised Code and remove examples of specific accommodations as these are determinations that Individualized Education Program teams must make based on individual student needs.
 
 

Last Modified: 11/13/2017 1:21:04 PM