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 3301-105-01 Funding for educational service centers.
OAC 3301-53-01 Minimum standards for chartering county board of developmental disabilities special education schools.
OAC 3301-53-03 Excess cost charges for county boards of developmental disabilities for special education programs.
OAC 3301-55-01 Minimum standards for chartering special education programs in state developmental centers and hospitals of the department of developmental disabilities and the department of mental health and addiction services.


Ohio Administrative Code 3301-105-01, titled "Funding for educational service centers" is being reviewed to comply with Ohio's five year rule review requirement.  This rule directs the Department to designate an educational service center as high performing. The Department shall determine, for each educational service center submitting an application, the total percentage of cost savings generated for the service center’s clients in the previous fiscal year due to the clients receiving primary services from the service center instead of another source. The Department shall designate each educational service center that generated cost savings for its clients of at least five per cent as a high-performing educational service center. 

 
Ohio Administrative Code 3301-53-01, titled "Minimum standards for chartering county board of developmental disabilities special education schools" is being reviewed pursuant to the five year rule review requirement.  This rule, in accordance with Ohio Administrative Code Chapter 3301-51, "Education of Students with Special Needs," outlines compliance standards for the Department’s evaluation and chartering of special education programs operated by County Boards of Developmental Disabilities.  All terms in this rule are defined by OAC 3301-35-01, “Purpose and definitions,” regarding the minimum standards for elementary and secondary schools, and OAC 3301-51-01, “Applicability of requirements and definitions,” which governs the education of children with disabilities.
   
 Ohio Administrative Code 3301-53-03, titled "Excess cost charges for county boards of developmental disabilities for special education programs" is being reviewed pursuant to the five year rule review requirement. This rule, in accordance with ORC Chapter 3317, "Foundation Program," and Ohio Administrative Code Chapter 3301-51, "Education of Students with Special Needs," provides guidance to County Boards of Developmental Disabilities on when to apply and what to include when calculating excess cost. The Department will allow County Boards of Developmental Disabilities to assess responsible school districts amounts above actual cost for school-age programs only. All terms in this rule are defined within this rule and by ORC Section 3323.01 "Education of children with disabilities definitions," which establishes the requirements for the education of children with disabilities, and OAC 3301-51-01, "Applicability of requirements and definitions." 
 
 Ohio Administrative Code 3301-55-01, titled "Minimum standards for chartering special education programs in state developmental centers and hospitals of the Ohio department of developmental disabilities and the Ohio department of mental health and addiction services" is being reviewed pursuant to the five year rule review requirement.  This rule, in accordance with OAC Chapter 3301-55, "Special education programs for state institutions,"  sets forth procedural guidelines for the Department’s evaluation and chartering of special education programs operated by County Boards of Developmental Disabilities in state centers and the Department of Mental Health and Addiction Services hospital facilities. Such facilities shall provide programs to serve school-age students with disabilities who are determined eligible under Chapter 5119  and Chapter 5123 of the Ohio Revised Code and OAC 3301-51-06, "Evaluations."  All terms in this rule are defined by OAC 3301-35-01, "Purpose and definitions," regarding the minimum standards for elementary and secondary schools, and rule OAC 3301-51-01, "Applicability of requirements and definitions," which establishes the requirements for the education of children with disabilities."
 
 

Last Modified: 7/20/2021 3:15:14 PM