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.  Public comment opportunities are announced in EdConnection, the Department's weekly newsletter.  Subscribe to EdConnection to be notified when rules are posted for comment.  The Department may also send out additional 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 3301-24-30 Educator license validation in financial literacy instruction.
OAC Chapter 3301-11 Educational Choice Scholarship Program
OAC Chapter 3301-39 Approval of Nonpublic Schools
OAC Chapter 3301-103 Autism Scholarship Program
OAC 3301-16-03 Community service learning special certification.
OAC 3301-23-44 Temporary and substitute licenses.
 


  Ohio Administrative Code 3301-24-30 “Educator License Validation in Financial Literacy Instruction.” 
This proposed new rule is required under ORC Section 3319.238 and outlines the requirements to obtain a licensure validation to teach financial literacy instruction.  This validation is available, by statute, to any educator holding a license issued under section 3319.22 or  section 3319.26 of the Ohio Revised Code, a permanent teaching certificate issued under former law or, for an individual at a chartered nonpublic school, a certificate issued under ORC section 3301.071, who meets the requirements laid out in the rule.  These requirements include completing, or being exempted from, a district approved training and successfully completing a content area examination in the area of financial literacy.  


OAC Chapter 3301-11 Educational Choice Scholarship Program rules are being reviewed pursuant to JCARR's five year rule review. 

3301-11-01 Definitions 
Authorized by R.C. 3310.17, this rule provides clarity to key elements used to determine eligibility for the program. This draft rule also responds to changes in statute that affect the eligibility of the siblings residing in the household.
 
3301-11-03 List of designated buildings used in eligibility determination; assignment areas.
Authorized by R.C. 3310.17, this rule clarifies how student eligibility is determined for the traditional (as opposed to income based) EdChoice Scholarship Program. This rule also establishes the responsibility of districts to provide attendance zone information needed by the Department to determine program eligibility.
 
3301-11-04 Eligibility for program participation
Authorized by R.C. 3310.17, this rule establishes the hierarchy of eligibility, establishing the traditional EdChoice program as the default when students may be eligible for both EdChoice and EdChoice Expansion programs.
 
3301-11-05 Application for program participation
Authorized by R.C. 3310.17, this rule establishes timeline and the procedures used by the Department of education to process applications for the EdChoice programs. The rule also describes documentation and information required by the department to process applications and determine eligibility.
 
3301-11-06 Errors specified by public school district
Authorized by R.C. 3310.17, this rule has been used to clarify districts’ review of applications under the funding process where scholarships were deducted from the students’ district of residence.
 
3301-11-07 Awarding scholarships
Authorized by R.C. 3310.17, this rule establishes timelines for notification and acceptance of scholarship awards as well as establishment of a waiting list when necessary.
 
3301-11-08 Transfer of scholarship
Authorized by R.C. 3310.17, this rule establishes a process to facilitate the transfer of a scholarship student from one approved chartered nonpublic school to another. The rule also establishes a deadline for notification of any such transfer.
 
3301-11-09 Termination of eligibility
Authorized by R.C. 3310.17, this rule establishes the conditions under which a scholarship award can be terminated.
  
3301-11-10 Payment of scholarship amounts
Authorized by R.C. 3310.17, this rule clarifies the payment process for scholarship awards, the reduction or proration of the maximum scholarship amount. The rule further addresses the process when a student is expelled or withdrawn and recovery of overpayments.
 
3301-11-11 Participation by chartered nonpublic schools
Authorized by R.C. 3310.17, this rule clarifies the timelines and requirements related to participation in the EdChoice program by approved chartered nonpublic schools. Establishing the amount of tuition, compliance monitoring by the Department and key safety practices.
 
3301-11-12 Entities designated to file applications
Authorized by R.C. 3310.17, this rule authorizes chartered nonpublic schools to submit applications to the Department.
 
3301-11-14 Dispute resolution
Authorized by R.C. 3310.17, this rule establishes timelines for dealing with complaints or disputes related to the administration of the EdChoice program and establishes the Department of Education to make final determinations.
 
3301-11-15 Program administration
Authorized by R.C. 3310.17, this rule delegates to the Department of Education responsibility for developing procedures to address program administration issues not specified in statute or rule.
   
 OAC Chapter 3301-39 Approval of Nonpublic Schools rules are being reviewed pursuant to JCARR's five year rule review. 
 

Rule 3301-39-01 Definitions
Authorized by R.C. 3317.024, 3317.06, and 3327.01, this rule provides definition of key terms included in the rules developed to guide the process used to issue state charters to nonpublic schools.
 
Rule 3301-39-03 Procedures
Authorized by R.C. 3317.024, 3317.06, and 3327.01, this rule  deadlines and timelines for issuance of an initial state charter and reissuance of a state charter for a nonpublic school. This rule establishes the window during which applications for charters are accepted and establishes timelines for submission of the Report of a Nonpublic School and site visits necessary to ensure compliance with the Operating Standards.
 
Rule 3301-39-04 Oversight/Revocation of Charter
Authorized by R.C. 3317.024, 3317.06, and 3327.01, this rule  addresses the oversight of chartered nonpublic schools by the Ohio Department of Education including how complaints, suspected noncompliance, corrective action and revocation will be handled.
 


  OAC Chapter 3301-103 Autism Scholarship Program rules are being reviewed pursuant to JCARR's five year rule review. 

Rule 3301-103-01 Definitions 
Authorized by R.C. 3310.41, this rule establishes definitions to support the administration of the Autism Scholarship Program. Definitions address eligibility, types of service providers participating in the program, and responds to recent changes in statute.
 
Rule 3301-103-02 Autism scholarship program established
Authorized by R.C.  3310.41, this rule establishes the purpose of the Autism Scholarship Program is to permit the parent or guardian of an eligible student to choose to have their child participate in a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school.
 
Rule 3301-103-03 Procedures and deadlines for parents to apply for scholarship
Authorized by R.C.  3310.41, this rule establishes application procedures and clarifies eligibility for participation in the Autism Scholarship Program. This rule also establishes the timeline for notification of withdrawal from the program.
 
Rule 3301-103-04 Responsibilities of a school district of residence
Authorized by R.C.  3310.41, this rule clarifies the responsibilities of the school district where the student resides. The rule further clarifies that parents have the right to due process and to file a complaint.
 
Rule 3301-103-05 [Autism] Program participation
Authorized by R.C.  3310.41, this rule addresses responsibilities of parents or guardians of children participating in the scholarship program. Responsibilities include required contact information, changes in service providers, and withdrawal from the program.
 
Rule 3301-103-06 Application and participation of providers
Authorized by R.C.  3310.41, this rule explains the application process and criteria for approval of schools and service providers to participate in the Autism Program. Participation criteria addressed include credentials and licenses of staff, background check requirement, and modifications to students individualized education plan.
  
Rule 3301-103-07 Payment under the autism scholarship program
Authorized by R.C.  3310.41, this rule establishes how scholarship funds awarded to families can be used, students’ access to transportation services, information required for providers’ invoices, and circumstances under which the amount of the scholarship may be adjusted.
 


 OAC 3301-16-03 "Community service learning special certification,"  is being reviewed as part of the State Board of Education’s five-year review process.  Revisions to the rule are proposed in order to align the rule with the new state system of diploma seals, one of which is the community service seal (ORC 3313.6114(C)(8)).   Additional proposed revisions would remove language from the rule that does not add to, or clarify, the law but merely restates provisions in ORC 3313.605 and is thus redundant.” 
 
 OAC 3301-23-44 "Temporary and substitute licenses" is currently under the five-year rule review process.   This rule governs the issuance and renewal of temporary pupil services licenses, temporary military science teaching licenses, as well as substitute teaching licenses.  The proposed amendments to this rule are being made for the purposes of clarity, to align with recent statutory changes to section 3319.226(c) of the Ohio Revised Code, and to be consistent with SB 9, 134th GA, which requires ODE and other state agencies to reduce restrictive regulatory language.
 

Last Modified: 9/27/2022 1:49:55 PM