Chapter 3301-104 Expenditures for Pupil Instruction for Internet- or Computer-Based Community Schools

The purposes of this chapter are to designate the qualifying expenditures that meet the requirements as expenditures for pupil instruction by internet or computer-based schools and to set forth the roles and responsibilities of the department of education, community schools and community school sponsors, in order to guide internet or computer-based schools in providing a high quality public education.

Effective: 05/19/2006

R.C. 119.032 review dates: 05/19/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3314.085

Rule Amplifies: 3314.085

The following terms are defined as they are used in Chapter 3301-104 of the Administrative Code:

(A) “Annual costs” means the amount expended in a given fiscal year, reported according to a cash method of accounting that complies with the uniform school accounting system (USAS) available at www.auditor.state.oh.us.

(B) “Fiscal year” means the twelve month period of time beginning July first of one calendar year and ending June thirtieth of the following calendar year.

(C) “Teachers” of students in internet- or computer-based community schools are those certificated/licensed personnel that provide pupil instruction to non-special needs students.

(D) “IEP” has the same meaning as defined in section 3323.01 of the Revised Code.

(E) “Internet- or computer-based community school” has the same meaning as defined in division (A)(7) of section 3314.02 of the Revised Code.

(F) “Non-special needs students” are students receiving general education not pursuant to an IEP.

(G) “Pupil instruction” means the activities dealing directly with the teaching of non-special needs students.

(H) “Qualifying expenditures” are those expenditures that meet the requirements of division (A) of section 3314.085 of the Revised Code and exclude those expenditures reported to the department pursuant to section 3314.12 of the Revised Code.

Effective: 04/19/2008

R.C. 119.032 review dates: 05/19/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3314.085

Rule Amplifies: 3314.085

Prior Effective Dates: 5/19/2006

The pupil instruction expenditure reporting duties of all internet- or computer-based community schools are as follows:

(A) Beginning in fiscal year 2007 and annually thereafter, each internet- or computer-based community school shall report data to the department of education in a manner, form and time period specified in written guidance issued by the department, concerning its expenditures for pupil instruction for non-special needs students.

(B) Each internet- or computer-based community school shall spend no less than the amount established for pupil instruction for non-special needs students on an annual basis, as set forth in division (B)(1) of section 3317.012 of the Revised Code.

(C) Each internet- or computer-based community school shall report qualifying expenditures for teachers, curriculum and academic materials used for pupil instruction in the following manner:

(1) Teacher expenditures including salary, health and non-health benefits;

(2) Curriculum expenditures including (but not limited to) instructional software, computer courseware, interactive video, CD-ROMs, magnetic media, electronic medium or other electronic means purchased leased or developed to deliver curriculum content; and

(3) Academic materials including (but not limited to) textbooks or school-supplied reading or reference materials that are part of the instructional program; software including operating systems, applications, subscriptions or licenses needed to advance the instructional environment; and educational manipulatives, musical instruments, workbooks, art supplies, lab equipment, CD-ROMs or any instructional consumables used in providing pupil instruction;

(D) The department shall annually issue guidance regarding the form, manner and time period for reporting the information at least thirty days prior to the beginning of each fiscal year.

(E) The department within thirty days of the close of the reporting period, shall notify the school as to the department’s determination of the school’s compliance with divisions (A) and (B) of section 3314.085 of the Revised Code. A school found by the department to appear to be out of compliance with either division (A) or (B) of section 3314.085 of the Revised Code shall be offered an opportunity for a hearing in accordance with Chapter 119. of the Revised Code. After the hearing should the department determine that the school has failed to comply with divisions (A) or (B) of section 3314.085 of the Revised Code, the department shall assess a civil forfeiture or penalty against the school equivalent to the greater of the following: five per cent of the total state payments to the school under Chapter 3314. of the Revised Code for the fiscal year in which the failure occurred or the difference between the amount the department determines the school was required to have spent for pupil instruction for non-special needs students and the amount the department determines the school actually spent for pupil instruction for non-special needs students;

(F) If a civil forfeiture or penalty is imposed, the department’s method of collecting the fine may include withholding state payments under Chapter 3314. of the Revised Code in the current or subsequent fiscal year;

(G) The department may cancel a civil forfeiture or penalty it has imposed under section 3314.085 of the Revised Code if the school submits a plan and timeline approved by the department for coming into compliance with the requirements of section 3314.085 of the Revised Code and the school demonstrates to the department’s satisfaction that is implementing the plan.

Effective: 05/19/2006

R.C. 119.032 review dates: 05/19/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3314.085

Rule Amplifies: 3314.085