Lawriter - OAC - 3301-102-08 Standards for measuring sponsor compliance with applicable laws and rules.

3301-102-08 Standards for measuring sponsor compliance with applicable laws and rules.

(A) The department shall, in accordance with section 3314.016 of the Revised Code, evaluate each entity that sponsors a community school by measuring its compliance with all laws and rules. Compliance is one of three equally weighted components which comprise the overall sponsor evaluation.

(B) The department's review of sponsor compliance shall include reviewing the extent to which the sponsor has complied with all laws and rules. This review shall also include monitoring the extent to which the sponsor has monitored its schools' compliance with all laws and rules.

(C) A list of all laws and rules subject to review shall be posted on the department's website (education.ohio.gov), which shall also include the list of laws and rules applicable to a community school that the sponsor is monitoring pursuant to section 3314.03 of the Revised Code. The list shall be annually updated to include any additional changes to law and rule for the upcoming school year. Except as otherwise required by the General Assembly, any changes to law or rule that occur after the updated list is published shall be incorporated into the review of sponsor compliance the following year.

(D) Beginning with the 2018-2019 sponsor evaluation, the sponsor shall certify to the department, no later than the thirtieth of June, subject to change under paragraph (F) of this rule that it fulfilled each of the required items as described in paragraph (C) of this rule, it did not fulfill any required items as described in paragraph (C) of this rule or the item did not apply with supporting information.

(E) The department or its designee shall review the certification of the sponsor and establish an initial score for each item. The department shall randomly select items from the sponsor's certification for validation.

(1) For most items, sponsors may provide documentation electronically in the system designated by the department; for some, validation may take place during an onsite review at one or more of the sponsor's community schools. The department may consider corrective action plans for validation of compliance. If an onsite review is required, the following will apply:

(a) Schools shall be randomly selected for an onsite review; and

(b) Schools shall be notified in advance of the onsite review.

(2) If the review conducted pursuant to paragraph (E)(1) of this rule results in an inability to validate the sponsor's response, the department may expand the random sample of community schools and/or items as required to validate the sponsor's certification of compliance with all laws and rules with regard to monitoring school compliance.

(F) The department or its designee shall adjust the initial score for an item established under paragraph (E) of this rule based on the results of the validation under paragraph (E) of this rule. If the item cannot be validated, the score may be adjusted to non-compliant. In making its adjustments, the department may weight noncompliance with certain items as more significant than others. Items that receive additional weight will be identified on the list of laws and rules that the department provides to sponsors and is posted on the department's website annually under paragraph (C) of this rule.

Replaces: 3301-102-08


Effective: 1/26/2018
Five Year Review (FYR) Dates: 01/26/2023
Promulgated Under: 119.03
Statutory Authority: 3314.016
Rule Amplifies: 3314.016
Prior Effective Dates: 3/26/15