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 3301-35-15 Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion. 
  • OAC 3301-25 Educational Aide Permits

 OAC 3301-35-15 Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion.


Ohio Administrative Code 3301-35-15, titled “Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion,” is proposed for amendment. This rule addresses the requirements and training of positive behavior intervention supports (PBIS) and the use of restraint and seclusion pursuant to Ohio Revised Code 3319.237 and 3319.46. Proposed changes are outlined below.

New paragraphs (A)(2) and (A)(4) have been added to provide definitions for Behavioral Intervention Plan and De-escalation Techniques. Paragraph (B) has been amended to provide details and clarifications as to the PBIS framework in accordance with ORC 3319.46. A new paragraph (C) has been added to provide training requirements for the implementation of PBIS.

The current paragraph (C) has been updated to a new paragraph (D), which amends and provides clarification as to the general rules for the use of restraint and seclusion. The current paragraph (D) has been updated to a new paragraph (E), which amends and provides clarification as to the use of physical restraint. The current paragraph (E) has been updated to a new paragraph (F), which amends and provides clarification as to the use of seclusion.

Paragraph (G) has been amended to reflect the specific training and professional development requirements for the use of crisis management and de-escalation techniques, which includes the use of restraint and seclusion.

Paragraph (H) has been amended to clarify the process for providing written procedures for parents to present written complaints regarding PBIS and restraint and seclusion. Paragraph (I) was amended to add references to PBIS. Paragraph (J) was amended to provide detail and clarify the reporting requirements for districts.


  OAC 3301-25 Educational Aide Permits, rules 3301-25-01 to 3301-25-05 and 3301-25-07 to 3301-25-08

OAC 3301-25-01, titled “One-year educational aide permit,” is being amended to provide consistency with language contained in statute. Additionally, the changes incorporate the renewal of the one-year educational aide permit, which is currently set forth in OAC 3301-25-02, for better clarity and comprehension.
 
OAC 3301-25-02, titled “Renewal of one-year educational aide permit,” is being rescinded and incorporated into OAC 3301-25-01.
 
OAC 3301-25-03, titled “One-year student monitor educational aide permit,” is being amended to provide a clear explanation of the types of duties performed by a holder of a one-year educational aide permit. Additionally, the changes incorporate the renewal of the one-year student monitor educational aide permit, which currently is set forth in OAC 3301-25-04, for better clarity and comprehension.
 
OAC 3301-25-04, titled “Renewal of the one-year student monitor educational aide permit,” is being rescinded and incorporated into OAC 3301-25-03.
 
OAC 3301-25-05, titled “Four-year educational aide permit,” is being amended to provide consistency with the language used for the one-year permits in this chapter.
 
OAC 3301-25-07, titled “Renewal of the four-year educational aide permit,” is being rescinded and incorporated into OAC 3301-25-05.
 
OAC 3301-25-08, titled “Validity of educational aide permits,” is being amended to remove the requirement that all one-year educational aide permits are valid only in the employing school or district that requested the issuance of the permit and replacing it by applying validity in the employing school district that requested the permit only to the initial one-year educational aide permit.
 

Last Modified: 9/10/2019 9:41:12 AM