Chapter 3301-101 Jon Peterson Special Needs Scholarship Program

3301-101-01 Definitions.

The following terms are defined as they are used in this chapter of the Administrative Code:

(A) "Administrative or judicial mediations or proceedings" includes, but is not limited to, pending written complaints, mediations, or due process hearings with respect to the content of the individualized education program (IEP) that an alternative public provider or registered private provider would implement if a special needs scholarship is awarded to a child whose parent has applied for a scholarship for his or her child; or is implementing if a child was awarded a scholarship and is participating in the special needs scholarship program;

(B) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the eligible applicant owes fees for the services provided to the child:

(1) A school district that is not the school district in which the child is entitled to attend school or the child's school district of residence, if different;

(2) A public entity other than a school district.

(C) "Special needs scholarship program" has the same meaning as the Jon Peterson special needs scholarship program established in section 3310.52 of the Revised Code;

(D) "Category one" child is a child who has been identified with a disability of speech or language impairment as defined in rule 3301-51-01 of the Administrative Code;

(E) "Category two" child is a child who has been identified as specific learning disabled as that term is defined in rule 3301-51-01 of the Administrative Code, cognitively disabled as that term is defined in rule 3301-51-01 of the Administrative Code, or other health impairment-minor as defined in section 3317.02 of the Revised Code;

(F) "Category three" child is a child who has been identified as vision impaired, hearing impaired or as severe behavior disabled as those terms are defined in rule 3301-51-01 of the Administrative Code;

(G) "Category four" child is a child who has been identified with an orthopedic impairment as that term is defined in rule 3301-51-01 of the Administrative Code or as having an other health impairment-major, as defined in section 3317.02 of the Revised Code;

(H) "Category five" child is a child who has been identified with multiple disabilities as that term is defined in rule 3301-51-01 of the Administrative Code;

(I) "Category six" child is a child who has been identified as autistic as that term is defined in rule 3301-51-01 of the Administrative Code, as having traumatic brain injuries as that term is defined in rule 3301-51-01 of the Administrative Code, or as deaf-blind as that term is defined in rule 3301-51-01 of the Administrative Code;

(J) "Department" shall mean the Ohio department of education;

(K) "IDEA" shall mean the Individuals with Disabilities Education Improvement Act of 2004 at 20 U.S.C. 1400 , Public Law 108-446 of the 108th Congress, December 3, 2004;

(L) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code;

(M) "FAPE" shall mean free and appropriate public education;

(N) "Individualized education program (IEP)" means the written statement described in section 3323.011 of the Revised Code that is developed, reviewed, and revised in accordance with rule 3301-51-07 of the Administrative Code;

(O) "Eligible applicant" means any of the following:

(1) Either of the natural or adoptive parents, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case parent means the parent who is the residential parent as designated by the court. If the court issues a shared parenting decree, either parent is an eligible applicant. A parent whose custodial rights have been terminated is not an eligible applicant;

(2) A custodian who has been granted temporary, legal, or permanent custody by a court;

(3) A guardian who has been appointed by a court;

(4) A grandparent when a child is the subject of a power of attorney executed under sections 3109.51 to 3109.62 of the Revised Code or when a child is the subject of a caretaker authorization affidavit executed under sections 3109.64 to 3109.73 of the Revised Code;

(5) A surrogate parent appointed pursuant to division (B) of section 3323.05 and section 3323.051 of the Revised Code;

(6) A qualified special education child, if the child does not have a custodian or guardian and is at least eighteen years of age.

(P) "Modify services" means to provide services identified on the IEP at a different frequency or in a different amount than specified on the IEP, or otherwise alter the services identified on the IEP.

(Q) "Qualified special education child" is a child for whom all of the following conditions apply:

(1) The child is at least five years of age and less than twenty-two years of age;

(2) The school district of residence, or the school district which the child is entitled to attend under the circumstances set forth in paragraph (B) of rule 3301-101-05 of the Administrative Code, has identified the child as a child with a disability;

(3) The school district of residence, or the school district which the child is entitled to attend under the circumstances set forth in paragraph (B) of rule 3301-101-05 of the Administrative Code, has developed an individualized education program under Chapter 3323. of the Revised Code for the child; and

(4) The child either:

(a) Was enrolled in the school district in which the child is entitled to attend school in any grade from kindergarten through twelve in the school year prior to the year in which a scholarship under this chapter is first sought for the child; or

(b) Is eligible to enter school in any grade kindergarten through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this chapter is first sought for the child.

(R) "Registered private provider" means a nonpublic school or other nonpublic entity that has been registered by the superintendent of public instruction under section 3310.58 of the Revised Code;

(S) "Scholarship" means a scholarship awarded under the Jon Peterson special needs scholarship program pursuant to sections 3310.51 to 3310.64 of the Revised Code;

(T) "School district of residence" has the same meaning as in section 3323.01 of the Revised Code, but does not include any community school established under Chapter 3314. of the Revised Code;

(U) "Special education program" means a school or facility that provides special education and related services to children with disabilities.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-02 Jon Peterson special needs scholarship program established.

(A) The purpose of the rules in this chapter is to prescribe procedures to implement the Jon Peterson special needs scholarship program established in section 3310.52 of the Revised Code.

(B) The department shall pay a scholarship to the parent or other eligible applicant of each qualified special education child upon application pursuant to procedures and deadlines established by the state board of education's rules in this chapter.

(C) Each scholarship shall be used only to pay all or part of the tuition and fees for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program (IEP) and that is operated by an alternative public provider or by a registered private provider in lieu of the child's special education program operated by the school district in which the child is entitled to attend school, and other services agreed to in writing by the provider and eligible applicant that are not included in the IEP but are associated with educating the child. Upon written agreement with the eligible applicant, the provider may modify the services provided to the child.

(D) The purpose of the scholarship is to permit the parent or other eligible applicant of a qualified special education child the choice to send the child to a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's IEP once the IEP is finalized, and other services agreed to in writing by the provider and eligible applicant that are not included in the IEP but are associated with educating the child. Upon written agreement with the eligible applicant, the provider may modify services provided to the child.

(E) The following prohibitions and provisions apply to the program:

(1) A scholarship shall not be awarded to the parent or other eligible applicant for a first-time scholarship while a child's IEP is being developed or while any administrative or judicial mediation or proceedings with respect to the content of the child's initial IEP are pending. Disputes regarding the development of subsequent IEPs do not affect the applicant's and the child's continued eligibility for scholarship payments.

(2) The responsibility for developing the child's IEP lies with the school district in which the child is entitled to attend school, or the child's school district of residence, if different. The school district of residence has the primary responsibility for developing a child's IEP. The school district where the child is entitled to attend school may develop the IEP for a child for whom another district is the district of residence in the following circumstances:

(a) The school district developed the previous IEP for the child although it was not the district of residence;

(b) The school district of residence has agreed that the district may prepare the IEP; or

(c) The school district of residence fails to respond to an invitation to participate in the IEP process.

(3) The eligible appliant is responsible for ensuring that a scholarship child receives those services necessary to educate the child. Once the child is no longer enrolled in a public school district, the public school district is not obligated to provide the child with a free appropriate public education. For purposes of Chapter 3323. of the Revised Code and the "Individuals with Disabilities Education Act," a Peterson scholarship recipient has only those rights that apply to all other unilaterally parentally placed children, with the exception of the right to have a public school district develop an IEP in accordance with division (B) of section 3310.53 of the Revised Code. To the extent that tuition and fees for the scholarship child exceed the scholarship amount, the eligible applicant is responsible for the payment of all amounts that exceed the scholarship amount in acordance with the terms agreed to between the eligible applicant and the providers.

(4) The eligible applicant is responsible for the allocation of scholarship funds if the eligible applicant has selected multiple providers.

(5) A scholarship under this section shall not be used for the following purposes:

(a) For a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider; or

(b) For a child to attend a community school established under Chapter 3314. of the Revised Code.

(6) Nothing in sections 3310.51 to 3310.64 of the Revised Code or in the rules in this chapter or any other rules adopted by the state board of education shall prohibit a parent or other eligible applicant whose child attends a public special education program under a contract, compact, or other bilateral agreement, or whose child attends a community school, from applying for and accepting a scholarship so that the applicant may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program operated by an alternative public provider or a registered private provider.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-03 Eligibility to receive a scholarship.

(A) A child shall meet the following conditions to be eligible to participate in the scholarship program:

(1) The child shall be at least five years of age and less than twenty-two years of age at the beginning of the school year for which the scholarship is sought;

(2) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has identified the child as a child with a disability under 20 U.S.C. 1401(3) and division (A) of section 3323.01 of the Revised Code;

(3) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has completed an IEP for the child;

(a) If the child is a first-time applicant, no administrative or judicial proceedings as defined in paragraph (A) of rule 3301-101-01 of the Administrative Code are pending regarding the contents of the IEP;

(b) If the child is seeking a subsequent scholarship, the existence of administrative or judicial proceedings about the subsequent IEP does not affect continued eligibility for a scholarship.

(c) Administrative or judicial proceedings regarding the services provided by the district do not affect the child's eligibility for a scholarship.

(4) The child was either

(a) Enrolled in the school district in which the child is entitled to attend school in any grade from kindergarten through twelve in the school year prior to the year in which a scholarship is first sought; or

(b) Is eligible to enter grade kindergarten through twelve in the school district in which the child is entitled to attend school in the year for which a scholarship is sought; and

(5) The child and the child's parents are in compliance with the state compulsory attendance law established under Chapter 3321. of the Revised Code.

(B) A child is not eligible for a scholarship if the department has approved and the applicant has accepted a scholarship for the child under the educational choice scholarship pilot program, the autism scholarship program, or the pilot project scholarship program for the same year in which a scholarship is sought, unless the applicant relinquishes the scholarship awarded under the educational choice scholarship program, the autism scholarship program, or the pilot project scholarship program upon acceptance of a scholarship under the Jon Peterson scholarship program.

(C) In order to maintain eligibility for a scholarship, a student must take each state test or alternate assessment prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code.

(D) Prohibitions

(1) The scholarship shall not be used for a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district of residence and another school district or other public provider.

(2) The scholarship shall not be used for a child to attend a community school established under Chapter 3314. of the Revised Code.

(3) Nothing in this rule shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this rule so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.53

3301-101-04 Application for a scholarship.

(A) The application deadline is the fifteenth day of April to receive a scholarship for an academic term that will begin between the first day of July and the thirty-first day of December. The application deadline is the fifteenth day of November to receive a scholarship for an academic term that will begin between the first day of January and the thirtieth day of June. Applications received for the April fifteenth deadline shall be considered as applications for the entire academic year. If these applicants are awarded a scholarship, they do not need to reapply during the second application period in order for their scholarship to continue for the second term of the academic year.

(B) An applicant seeking a scholarship for a student who is not currently receiving a scholarship shall complete and submit an application for the scholarship, along with all information and forms determined by the department to be necessary to determine eligibility and make scholarship award determinations. The information may include, but is not limited to, the following:

(1) Information and documentation required to identify the student;

(2) Information and documentation required to identify and contact the student's parent(s) or guardian(s);

(3) Information and documentation required to determine program eligibility, including, but not limited to, the student's residential address, district of residence, district or school in which the student is currently enrolled, if not the district of residence, and the current IEP;

(4) Information and documentation related to the alternative public provider(s) or registered private provider(s) that have accepted the student for enrollment;

(5) Information and documentation related to the nonpublic school or other entity that will provide the child with an educational program that meets the minimum standards of the state board of education prescribed in Chapter 3301-34 or 3301-35 of the Administrative Code, if the educational program will be provided by an entity other than one of the alternative public providers or registered private providers;

(6) Information and documentation related to the determination of the correct scholarship amount, including, but not limited to, a copy of the evaluation team report or other documentation related to disability category, and the fee schedules of all providers;

(7) A signed written consent that permits the school district of residence and/or the school district in which the child is entitled to attend school to release information or records to the department that are relevant to the application.

(C) An applicant seeking a scholarship for the year subsequent to a year in which a scholarship was received may be required to complete an application in the manner established by the department and provide the information and documentation that the department determines is necessary for the effective implementation of the program.

(D) In submitting an application for a scholarship, the applicant shall attest to the following:

(1) That the information provided on the application is true and correct;

(2) That the applicant has received the profile of the provider's special education program required by division (B) of section 3310.521 of the Revised Code and rule 3301-101-09 of the Administrative Code;

(3) That the applicant has received the comparison document required by section 3323.052 of the Revised Code;

(4) That the applicant understands that acceptance of a scholarship after the receipt of the comparison document is informed consent to the provisions of sections 3310.51 to 3310.64 of the Revised Code and to the provisions of the rules in this chapter;

(5) That the applicant understands that acceptance of a scholarship relieves the school district of residence and the school district in which the student is entitled to attend school, if different, of the obligation to provide the child with FAPE;

(6) That the provider and the department shall be informed immediately of any change in the student's residential address;

(7) That the student shall not be eligible to receive scholarships in subsequent years if the student fails to take each state test or alternate assessment prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code;

(8) That only one application for the student has been submitted;

(9) That the applicant agrees to abide by the dispute resolution process described in rule 3301-101-12 of the Administrative Code;

(10) That the scholarship amount shall only be applied to the tuition and fees of the enrolling provider and that the applicant understands that he or she shall be required to pay tuition and fees that exceed the amount of the scholarship, and other fees and costs as prescribed by the policies of the provider; and

(11) Any other representations prescribed by the department determined to be necessary to ensure the effective implementation of the program and compliance with Chapter 3310. of the Revised Code.

(E) Application for program participation shall be made on forms or through electronic means as prescribed by the department. Applicants may designate, in writing, another entity to submit the application on behalf of the applicant. Such designation may be made only to registered providers or alternative public providers.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-05 Responsibilities of the school district of residence and the school district that the student is entitled to attend.

(A) Evaluation, reevaluation, and IEP. The school district of residence is responsible for the following activities regarding application for a scholarship and the administration of the scholarship program:

(1) The district of residence shall conduct an initial evaluation of a child in accordance with rule 3301-51-06 of the Administrative Code if a parent is applying for a scholarship for his/her child and the district suspects that the child is a child with a disability;

(2) The district of residence shall determine whether the child is a child with a disability as the term "child with a disability" is defined under 20 U.S.C. 1401(3) and division (A) of section 3323.01 of the Revised Code. The child shall be a child with one of the disabilities listed and defined in paragraph (B)(10) of rule 3301-51-01 of the Administrative Code. By reason of that disability, the child shall require special education and related services, as the term"special education" is defined in paragraph (B)(58) of rule 3301-51-01 of the Administrative Code and as the term"related services" is defined in paragraph (B)(52) of rule 3301-51-01 of the Administrative Code;

(3) If the district of residence determines that the child is a child with a disability, the child is considered to be a child with a disability for purposes of the scholarship program;

(4) Evaluations and IEPs shall be completed for scholarship students within the timeframes set forth in rules 3301-51-06 and 3301-51-07 of the Administrative Code, respectively. If the child has been identified as a child with a disability under IDEA pursuant to a current evaluation team report under IDEA but the child does not have an IEP because the child is not currently enrolled in a public school, the district shall prepare an initial IEP within thirty calendar days of receiving a request for an IEP from an applicant;

(5) If the district of residence determines that the child is a child with a disability, the district of residence shall conduct re-evaluations of the child in accordance with rule 3301-51-06 of the Administrative Code unless the child is attending either a chartered or non-chartered nonpublic school. If the child is attending a chartered or non-chartered nonpublic school, the district where the school is located is responsible for the re-evaluation of these children;

(6) If the district of residence determines that the child is a child with a disability, the district of residence shall develop an IEP that offers FAPE to the child;

(7) The district of residence shall annually update the IEP of each child participating in the scholarship program. Districts shall involve personnel from the provider in the process of updating the IEPs for children participating in the program;

(8) The district is not obligated to provide a child participating in the scholarship program with FAPE;

(9) If, at any time, a parent of a child participating in the scholarship program decides to return the child to the district of residence, the district of residence shall be required to provide the child with FAPE.

(B) Circumstances when the district in which the provider is located shall conduct evaluations and re-evaluations. As required by rule 3301-51-08 of the Administrative Code, the school district in which a chartered or non-chartered nonpublic school is located is responsible for the evaluation and re-evaluation of children with disabilities enrolled by their parents in nonpublic schools. Thus, if an applicant is currently enrolled by their parents in a nonpublic school, the school district in which a chartered or non-chartered nonpublic school is located is responsible for evaluating those students.

(C) Circumstances under which the district in which the child is entitled to attend school may develop the IEP. The district in which the child is entitled to attend school, if different than the school district of residence, may develop the IEP in the following circumstances:

(1) The school district in which the child is entitled to attend school may develop the IEP if the school district of residence has delegated these responsibilities to that school district; or

(2) The district in which the child is entitled to attend school may develop the IEP if the school district of residence has failed to respond to an invitation from the district to participate in an IEP meeting.

(D) Reporting. The district of residence or the district in which the child is entitled to attend school shall notify the department promptly when a child has withdrawn from the scholarship program and returned to the district.

(E) Transportation. A child attending a special education program with a scholarship shall continue to be entitled to transportation to and from that program in the manner prescribed by law.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-06 Awarding scholarships.

(A) Scholarships shall be awarded from valid applications received by the deadlines established in rule 3301-101-04 of the Administrative Code in the following order:

(1) First, to any eligible student enrolled in grades kindergarten through twelve who received a scholarship in the school year immediately prior to the year for which the scholarship is sought and for whom eligibility has not been terminated pursuant to rule 3301-101-08 of the Administrative Code;

(2) Then, to other eligible students.

(B) The application deadline for the academic term beginning between the first of July and the thirty-first of December is April fifteenth, and the application deadline for the academic term beginning the first of January and the thirtieth day of June is November fifteenth. Applications received for the April fifteenth deadline shall be considered as applications for the entire academic year. If these applicants are awarded a scholarship, they do not need to reapply during the second application period in order for their scholarship to continue for the second term of the academic year.

For each of these deadlines, the department shall establish a date by which determinations as to the validity of each application and the eligibility of each student shall be completed. An initial determination of scholarship awards shall be made for valid applications received by the application date. Initial determinations shall be made in the following manner:

(1) If the number of valid applications received by the application deadline is equal to or less than the number of scholarships authorized by section 3310.52 of the Revised Code, scholarships shall be awarded to all eligible students. The department may establish procedures and dates for the acceptance of additional applications and for the awarding of scholarships consistent with the priorities specified in paragraph (A) of this rule.

(2) If the number of valid applications received by the application deadline exceeds the number of scholarships authorized by section 3310.52 of the Revised Code, no additional applications shall be accepted. Scholarships shall be awarded in the manner set forth in paragraph (B)(3) of this rule.

(3) Scholarships shall be awarded in the following manner:

(a) All eligible students who meet the condition described in paragraph (A)(1) of this rule shall be awarded scholarships, if possible;

(b) If the number of eligible students who meet the condition described in paragraph (A)(1) of this rule exceed the number of scholarships authorized by section 3310.52 of the Revised Code, priority shall be given based on the number of years the student has participated in the program. Regarding students with the same number of years of participation, the department shall determine eligibility by lottery, if needed.

(c) If the number of eligible students who meet the condition described in paragraph (A)(2) of this rule is equal to or less than the number of total scholarships authorized by section 3310.52 of the Revised Code minus the number of scholarships awarded to eligible students meeting the condition of paragraph (A)(1) of this rule, all eligible students meeting the condition of paragraph (A)(2) of this rule shall be awarded scholarships;

(d) If, after awarding scholarships to eligible students who meet the condition described in paragraph (A)(1) of this rule, the number of eligible students who meet the condition of paragraph (A)(2) of this rule exceeds the number of scholarships authorized by section 3310.52 of the Revised Code minus the number of scholarships awarded to eligible students meeting the condition of paragraph (A)(1) of this rule, the remaining scholarships shall be awarded through the use of a lottery system.

(C) Applicants and the provider identified by the applicant shall be notified of a scholarship award in writing within thirty days of award determination.

(D) If an eligible student who is awarded a scholarship subsequently declines the scholarship, the applicant shall notify the department of the intention to relinquish the scholarship. The department shall establish dates by when such notifications shall be made.

(E) Any eligible student who has not been awarded a scholarship shall be placed on a waiting list maintained by the department according to the order of the lottery. Scholarships shall be awarded to eligible students on the waiting list as they are relinquished by other applicants in a manner to be specified by the department, until a deadline as established by the department is reached.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-07 Transfer of scholarship.

Scholarships may be transferred to other registered providers or alternative public providers. Both the applicant and the provider accepting the transferred student shall be required to notify the department and the public school district writing the IEP of the applicant's intent to transfer. The provider enrolling the applicant may provide such notification to the department and the public school district on the applicant's behalf, if so designated in writing by the applicant. Scholarships are not transferable to other students.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-08 Termination of eligibility.

(A) Eligibility to continue to receive a scholarship in the school year in which it is being received shall be terminated if any of the following occur:

(1) The department determines that the application made for the program contained false information that, had such information been correct, would have caused the scholarship recipient to be ineligible for the program; or

(2) The scholarship recipient is withdrawn from, or is expelled from, the entity that is providing the child with an educational program that complies with the minimum standards of the state board of education as prescribed in Chapter 3301-34 or 3301-35 of the Administrative Code, and fails within thirty calendar days to enroll with another entity to provide an educational program to the child that complies with those standards.

(3) If the child is not receiving any of the special education and related services identified on the IEP.

(B) Eligibility to receive scholarships in subsequent school years and to submit an application for continuing eligibility pursuant to paragraph (C) of rule 3301-101-04 of the Administrative Code shall cease if the scholarship recipient fails to comply with the provisions of rule 3301-101-04 of the Administrative Code as determined by the department.

(C) Eligibility to receive scholarships in subsequent school years shall not be terminated because a student failed to take a state test or alternate assessment prescribed for the student's grade level if the department determines that the provider failed to meet its obligation to administer the test.

(D) The department shall notify both the applicant and the provider in writing of its determination to terminate eligibility. Such notification shall include the effective date of the termination.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-09 Participation by providers.

(A) Each year, the department shall publish a list of registered private providers and alternative public providers who are participating in the scholarship program.

(B) To participate in the program, a private provider shall register with the department in accordance with procedures established by the department. No private provider shall enroll scholarship students or receive scholarship payments until the private provider has registered with the department. To be eligible for registration, a private provider shall be able to demonstrate the following:

(1) That it shall not discriminate on the basis of race, color, or national origin, regardless of whether the provider receives federal financial assistance;

(2) That it is in compliance with sections 3319.39 , 3319.391 , and 3319.392 of the Revised Code regarding background checks as if it were a school district;

(3) That the teaching and nonteaching professionals employed by the provider hold credentials that are appropriate for the qualified special education children enrolled in the special education program that it operates as determined by the department. The teaching and nonteaching professionals directly providing special education and related services to a scholarship recipient shall meet the minimum standards of the applicable professional organization for individual or non-school providers. The private provider and employees shall hold appropriate credentials from the state board of education or from a national or state board for their specific professions, and these credentials shall be applicable to the special education or related services that the provider or employee will be providing. If the private provider contracts with another provider who will be providing special education and related services to children participating in the scholarship program, the contracted provider and any subcontractors or employees of both shall also hold appropriate credentials from the Ohio board of education or credentials from a national or state board for their specific profession;

(a) If any employee referenced in paragraph (B)(3) of this rule holds credentials issued by the Ohio board of education that are either currently suspended or have been revoked in accordance with Chapter 119. and section 3319.31 of the Revised Code, that individual shall not be permitted to provide services to a child receiving a scholarship, regardless of whether the individual holds credentials from a national or state board for his or her specific profession;

(b) If any employee referenced in paragraph (B)(3) of this rule holds appropriate credentials issued by a state other than Ohio, those credentials shall be recognized as appropriate credentials under paragraph (B)(3) of this rule unless that party holds credentials issued by the Ohio board of education that are either currently suspended or have been revoked in accordance with Chapter 119. and section 3319.31 of the Revised Code;

(c) If a provider uses volunteers to assist in providing special education and related services to a scholarship recipient, those volunteers shall be supervised by a person meeting the requirements in paragraph (B)(3) of this rule.

(4) That it has obtained approval of its educational program by the department, in accordance with procedures established by the department;

(5) That it meets any and all applicable health and safety standards established by law;

(6) That it agrees to provide a record of the implementation of the IEP and a record of the student's progress to the school district who wrote the IEP, in the form and manner prescribed by the department, and to cooperate with the district during the process of revising IEPs for scholarship students;

(7) That it agrees to retain documentation regarding scholarship students as required by the department;

(8) That it agrees to notify the eligible applicant in writing of its reasons for declining to enroll the child receiving a scholarship.

(9) That it is physically located within the boundaries of the state of Ohio, and all children served by the provider shall be served within the state of Ohio, unless a registered private provider is otherwise approved by the Ohio department of education to provide services in another state to Ohio residents due to the provider's proximity to the child's school or residence or if an out-of-state provider meets the Ohio department of education's requirements to provide on-line services to Ohio residents.

(10) The private provider demonstrates fiscal soundness. A private provider shall demonstrate fiscal soundness by meeting the following requirements:

(a) Providing the department of education with a written statement confirming that the private provider has adequate liability and property and casualty insurance;

(b) Having no outstanding claims for recovery from the auditor of state;

(C) The registration requirements that apply to private providers do not apply to an alternative public provider. An alternative public provider who wishes to participate in the scholarship program shall notify the department in writing of its intent to participate. An alternative provider may utilize the scholarship program to enroll a child if the child's parent would owe fees for the services provided by the alternative public provider.

(D) In order to participate in the program, a registered provider or alternative public provider shall make the following representations:

(1) That it shall annually communicate to the department its tuition or fee structure including all discounts and other adjustments offered or available;

(2) That it shall prepare a profile of its special education program that contains the methods of instruction that will be utilized to provide services to children receiving scholarships and the qualifications of teachers, instructors, and all other employees or subcontractors who will provide services to scholarship children, in the form prescribed by the department;

(3) That it shall provide the profile required by paragraph (D)(2) of this rule to eligible applicants;

(4) That it shall administer tests or alternate assessments to students receiving scholarships and enrolled in grade levels for which tests are regularly administered pursuant to sections 3301.0710 and 3301.0712 of the Revised Code, and that the results of such tests shall be reported to the department pursuant to procedures established by the department;

(5) That it shall make its facilities and the records pertinent to the effective implementation of the requirements established by the rules in this chapter available at any time during regular business hours for announced or unannounced visits by the department, or by persons under contract with the department to perform compliance reviews;

(6) That it has established sufficient student attendance recordkeeping procedures, including processes for documentation of excused absences;

(7) That it has established reliable systems to ensure confidentiality of student records;

(8) That it shall promptly refund to the state any amounts overpaid on behalf of a student due to ineligibility, disenrollment, expulsion, data error, or for any other reason;

(9) That it shall disenroll any scholarship student once a determination is made that the student will no longer attend the school. Disenrollment shall be recorded as the last date the student attended classes;

(10) That it shall allow the department to monitor compliance with the provisions of this rule and of other laws and rules as they apply to chartered nonpublic schools and shall provide at the request of the department such information and copies of records as may be necessary to ensure such compliance, including:

(a) Information and records related to school staff and volunteers, including, but not limited to, license or certificate numbers, and background check results;

(b) Information and records related to school policies and procedures including, but not limited to, the parent or student handbook, admissions policies, and withdrawal and transfer policies; and

(c) Information and records related to building, vehicle and operational safety including, but not limited to, fire inspection reports, food service licenses, and vehicle inspection reports.

(E) The department may revoke the registration of a private provider if the department determines that the private provider is in violation of any of the provisions of section 3310.58 of the Revised Code, the rules of this chapter, or program guidelines established by the department. In lieu of revocation, the department may suspend a registered provider from participating in the program until issues of noncompliance have been corrected to the satisfaction of the department.

(F) Any alternative public provider that fails to meet the requirements established by the rules of this chapter may be suspended from participation in the program for a period of time to be determined by the department, or until such time as the alternative public provider provides assurances to the satisfaction of the department that such requirements shall be met.

(G) If the department revokes or suspends a private provider's registration, the provider shall be entitled to and may request a hearing under Chapter 119. of the Revised Code.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-10 Payment of scholarship amounts.

(A) Payment of scholarship amounts shall be made by warrant of the auditor of state made payable in the name of both the eligible applicant and the provider in which the student is enrolled. Warrants shall be mailed to the address provided by the provider.

(B) The maximum amount awarded to an eligible student shall be as follows:

(1) For a category one student, seven thousand one hundred ninety-six dollars;

(2) For a category two student, seven thousand six hundred eight dollars;

(3) For a category three student, fourteen thousand eight hundred thirty-two dollars;

(4) For a category four student, seventeen thousand nine hundred two dollars;

(5) For a category five student, twenty thousand dollars; and

(6) For a category six student, twenty thousand dollars.

(C) The actual amount of each scholarship shall be the lesser of the applicable net fees or tuition charged by the provider, or the maximum amount prescribed in paragraph (B) of this rule. The net fees or tuition shall be the fees or tuition amount specified by the provider minus all other financial aid, discounts and adjustments received for the student. In cases where discounts are offered for multiple students from the same family, and not all students in the same family are scholarship recipients, the scholarship amount shall be the lowest tuition to which the family is entitled.

(D) The scholarship amount shall be proportionately reduced in the case of any scholarship recipient who is not enrolled in the scholarship program and/or attending, participating and receiving special education and related services from an alternative public provider or a registered private provider for the entire school year.

(E) In the case where a child transfers during the course of the school year to another registered provider or participating alternative provider with a different tuition, the department shall prorate the amounts paid to each school based on the period of attendance at each school.

(F) In cases in which an overpayment is made on behalf of a participating student, the department shall inform the provider of the amount of the overpayment, and the provider shall refund the amount to the department. In the event that payment has been made for services that were not provided to a child by that provider, that portion of the scholarship paid to that provider shall be revoked and the amounts paid considered an overpayment.

(G) In cases in which a student withdraws or is expelled from a provider, or when a student's eligibility to continue to receive a scholarship is terminated pursuant to paragraph (A) of rule 3301-101-08 of the Administrative Code, payment of the scholarship amount shall be prorated based on the number of days the student was enrolled with the provider or the services actually provided. Funded enrollment would end as of the last day of the student's attendance, or the effective date of the student's termination, whichever is earlier.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-11 Entities designated to file applications.

Registered providers and alternative public providers may be authorized to file applications on behalf of applicants if so designated in writing by the applicant. In no case shall any financial charge be made to the applicant for application assistance.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-12 Dispute resolution and due process requests.

(A) Although the district of residence is not required to make FAPE available to a child with a disability who resides in the district and is participating in the scholarship program, the parent of a child participating in the scholarship program has the right to file a written complaint or request for a due process hearing as provided by rule 3301-51-05 of the Administrative Code. A complaint or request for a due process hearing may allege that the district of residence violated a requirement of IDEA, but may not allege a violation of any requirements involving the implementation of the IEP and whether the child has received FAPE.

(B) Any dispute as to whether a student is a child with a disability, under 20 U.S.C. 1401(3) and division (A) of section 3323.01 of the Revised Code and thus satisfies the eligibility requirement set forth in paragraph (A)(2) of rule 3301-101-03 of the Administrative Code, shall be resolved through the dispute resolution procedures set forth in IDEA and paragraph (K) of rule 3301-51-05 of the Aministrative Code.

(C) An applicant or other aggrieved person has the right to file with the department a written complaint alleging that a violation of one of the requirements set forth in sections 3310.51 to 3310.64 of the Revised Code and/or the rules of this chapter. A complaint shall be forwarded, in writing, by the aggrieved party to the department. Attached to the complaint shall be any documentation supporting the position of the aggrieved party. The department shall review the documents and make any further inquiry deemed necessary. The department shall be the final authority in the resolution of the complaint.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63

3301-101-13 Program administration.

(A) The department shall establish deadlines for implementing the requirements of this chapter. In addition, the department shall establish deadlines for implementing the requirements of this chapter. Such procedures shall include, but shall not be limited to, the following:

(1) Addressing incomplete applications;

(2) Conducting the lottery specified in rule 3301-101-06 of the Administrative Code;

(3) Resolving questions of legal guardianship;

(4) Improving program administration and client satisfaction through surveys and other processes;

(5) Reissuing lost or damaged warrants.

(B) The department shall report to the state board of education annually on the operation of the program, including at least the following information:

(1) Number of students utilizing a scholarship;

(2) Resident districts of students;

(3) Number of students returning to a public school district after receiving a scholarship;

(4) Amount of scholarship funds disbursed statewide, by grade, by district, and by disability category, except to the extent that this information would violate the "Family Educational Rights and Privacy Act of 1974," 124 Stat. 3192, 20 U.S.C. 1232g (December 13, 2010);

(5) Number of scholarship recipients by provider;

(6) Names and addresses of providers of services;

(7) Amount of state and federal aid received by the resident district for scholarship students;

(8) Information on the number of students receiving scholarships by number of years enrolled in the scholarship program, including grade, district of residence, and disability category.

(C) The department shall provide a summary report to the school district of residence on the expenditure of funds for the scholarship program.

Effective: 02/24/2012
R.C. 119.032 review dates: 02/24/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.64
Rule Amplifies: 3310.51 to 3310.63