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