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 3301-51-11  Preschool children eligible for special education.
  • OAC Chapter 3301-17  Reports for Statewide Education Management Information.
  • OAC 3301-24-22  Alternative resident educator license for career-technical workforce development programs.
  • OAC Chapter 3301-83 Pupil Transportation rules 3301-83-06, 3301-83-07, 3301-83-08, 3301-83-11, 3301-83-13 and 3301-83-20 

  OAC 3301-17-01 through 3301-17-09 Reports for Statewide Education Management Information are being reviewed pursuant to the five-year rule review.

OAC 3301-17-01, titled “Purpose,” is being rescinded.
OAC 3301-17-02, titled “Applicability,” is not being amended.
OAC 3301-17-03, titled “Definitions,” is being amended to remove unnecessary language.
OAC 3301-17-04, titled “Notification,” is being rescinded as the language is set forth in state law.
OAC 3301-17-05, titled “Corrective Action Plan,” is being amended to remove language set forth in state law.
OAC 3301-17-06, titled “Financial and Other Penalties,” is being amended to remove language set forth in state law.
OAC 3301-17-07, titled “Reporting,” is being amended to include a time period to send a copy of any report issued by the Department under this rule to the superintendent or chief administrator of the school.
OAC 3301-17-08, titled “Audit,” is being rescinded as the language is set forth in state law.
 OAC 3301-17-09, titled “Reimbursement,” is being rescinded as the language is set forth in state law.
 
  OAC 3301-24-22 Alternative resident educator license for career-technical workforce development programs

Ohio Revised Code section 3319.229, adopted in House Bill 98, recognizes the validity of career-technical teaching licenses obtained during a prior version of the statute, including a professional career-technical teaching license and an alternative resident educator license for teaching career-technical education. Holders of licenses under the prior framework may continue to hold and renew their licenses under that framework. Beginning July 1, 2019, however, those licenses will no longer be issued. Instead, Ohio Revised Code section 3319.229 establishes a two-year initial career-technical workforce development educator license and a five-year advanced career-technical workforce development educator license. This new rule reflects those legislative changes and removes language that was duplicative of language contained in statute.
 
OAC 3301-51-11 Preschool children eligible for special education  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. This is the third opportunity for public comment, as revisions have been made since an April 2018 public comment period and stakeholder engagement between July and December 2018. The posted rule includes notations of changes.
 
 OAC Pupil Transportation rules 3301-83-06, 3301-83-07, 3308-83-08, 3301-83-11, 3301-83-13 AND 3301-83-20 are being reviewed pursuant to the five-year rule review. The following reflects the Department’s recommendations after public comment:
OAC 3301-83-06, titled “Personnel Qualifications,” is being amended to align with Ohio law and clarify qualification requirements.
OAC 3301-83-07, titled “School Transportation Driver Physical Qualifications Rule,” is being amended to clarify requirements for medical examinations and amend the list of individuals permitted to conduct physical examinations so that it is consistent for all school transportation drivers.
OAC 3301-83-08, titled “Pupil Transportation Management Policies,” is being amended to require the adoption of policies and procedures.
OAC 3301-83-11, titled “School Bus Inspections,” is being amended to remove the list of items contained in the inspection report and clarify requirements.
OAC 3301-83-13, titled “School Bus Routes and Stops,” is being amended to require the adoption of policies and procedures for bus stop locations and actual stops and add requirements currently listed in OAC 3301-83-20, General Rules, as the requirements pertain to bus stops and routes.
OAC 3301-83-20, titled “General Rules,” is being amended to remove the two requirements that are being added to OAC 3301-83-13, School Bus Routes and Stops, and add language regarding a school district’s responsibility to transport students attending chartered nonpublic, community or joint vocational schools on days the school district is not in session.
 

Last Modified: 2/20/2019 9:23:28 AM