This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3301-11-01 | Definitions.
In addition to the terms defined in section 3310.01
of the Revised Code, the following terms are defined as they are used in the
rules in this chapter: (A) "Applicant" is any parent, or any student who
is at least eighteen years of age, who is seeking an educational choice
scholarship for an eligible student; (B) "Department" means Ohio department of
education. (C) "Designated
building" is a school building on the list published on the
departments website (education.ohio.gov) in accordance with requirements
specified in division (A) of section 3310.03 of the Revised Code . (D) "Enrolled"
has the same meaning as in division (E) of section 3317.03 of the Revised
Code; (E) "Excused
absence" is an absence from school approved by the administrator of a
chartered nonpublic school on the basis of one or more of the conditions listed
in paragraph (B)(2) of rule 3301-69-02 of the Administrative Code; (F) "Family
income" is the income of the applicant and his or her household and means
the total before tax earnings of adult family members who are not claimed as
dependents for federal income tax purposes, including wages, salary,
commissions, tips, self-employment net profits, social security, retirement
survivor disability insurance (RSDI), veterans benefits, railroad
retirement, disability workers compensation, unemployment benefits, child
support, alimony, spousal support, pensions, retirement benefits, rental
income, and lottery/gaming winnings. Income excludes public assistance
programs, foster care or kinship payments, general relief, loans, grants and
scholarships for educational expenses and earned income of a child who is a
student or adjusted gross income as defined by the internal revenue
service; (G)
"Household" means the eligible student and the legal guardian of
the eligible student, the spouse of the legal guardian or birth parent of any
child under the age of eighteen, and children under the age of eighteen
specified in section 3310.033 of the Revised Code, and children of the parent
or legal guardian of the eligible student who are fulltime students aged
twenty-two or less, disabled or blind adults or children related to the parent
or legal guardian of the eligible student and relatives who are age sixty-five
and who are claimed as a dependent for federal income tax
purposes. (H) "Financial
aid" is a program (not administered by the state of Ohio) the purpose of
which is to provide financial assistance to students attending nonpublic
schools; (I) "Parent"
has the same meaning as in section 3313.98 of the Revised Code;
and (J) "Scholarship
recipient" is a student who has been awarded, has accepted and has
received an educational choice scholarship. (K) "Tuition discounts" means those discounts
offered by the private school provider such as a discount for multiple
students, a parishioner, etc. (L) "Attendance zone" means the geographical
area, set by the public school district, to determine the particular school a
student would attend in their district of residence.
Last updated June 16, 2023 at 8:58 AM
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Rule 3301-11-03 | List of designated buildings used in eligibility determination; assignment areas.
(A) No later than November fifteenth of
each year, the department shall publish a list of school buildings that fulfill
any of the criteria described in division (A), (B), or (C), of section 3310.03
of the Revised Code specifying any school building that is not accepting
students during the school year following the school year in which the list is
issued. The department shall remove from the list any school building that has
ceased operations or fulfills the criteria described in division (E) of section
3301.03 of the Revised Code. (B) Not later than January first of each
year, the superintendent of each school district within which each of the
school buildings listed pursuant to paragraph (A) of this rule is located, or
the superintendent's designee, shall specify one of the following for each
school building: (1) That the attendance
zone of the school building for the current school year is the entire school
district; (2) That the school
building has no attendance zone; or (3) A detailed
description of the attendance zone of the building including the street names
and address number ranges of residences from which students living at such
residences would be assigned to attend the building. In the case of a building with no attendance
zone, the superintendent shall provide any district assignment policies or
procedures that would lead to students being assigned to the building. The superintendent, or the
superintendent's designee, shall also indicate whether any attendance zone
changes have been adopted that will impact the attendance zone of those schools
listed pursuant to paragraph (A) of this rule during the current school year or
in the year following the current school year. (C) The department may determine a
student as eligible if a district superintendent or their designee fails to
provide the required attendance zone information by the established
deadline.
Last updated June 16, 2023 at 8:58 AM
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Rule 3301-11-04 | Eligibility for program participation.
The department shall not award a scholarship under
section 3310.02 or 3310.032 of the Revised Code until first determining
eligibility for available scholarship programs in the following order: (A) The pilot project scholarship program
established in section 3313.975 of the Revised Code; (B) The educational choice scholarship
program established in section 3310.02 of the Revised Code; and (C) The expansion of educational choice
scholarship program established in section 3310.032 of the Revised
Code.
Last updated June 16, 2023 at 8:58 AM
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Rule 3301-11-05 | Application for program participation.
(A) Not later than thirty days prior to the beginning of
the application period, the department will publish all application materials
and guidance for the upcoming fiscal year and provide training to all approved
providers regarding updates and changes to the program prior to the opening of
the application period. (B) An applicant seeking a scholarship for a student who is
not a scholarship participant in the year in which the application is being
submitted shall submit an application to the department in the manner
established and posted by the department on its website
(www.education.ohio.gov) and provide the information specified by the
department that is necessary to determine eligibility and award scholarships.
Such information may include, the following: (1) Information and
documentation required by the department necessary to identify the student,
including , the student's first name, middle initial, last name, and date
of birth; (2) Information and
documentation required to identify and contact the student's parents or
guardians; (3) Information and
documentation required to determine program eligibility including, but not
limited to the student's residential address, district of residence,
school in which the student is enrolled, the school to which a community school
student would have been assigned at the time of application, or to which a
kindergartener would be assigned in the school year for which the scholarship
is being sought, and grade level; (4) Information and
documentation related to the chartered nonpublic school in which the student
has been accepted for enrollment; (5) Information and
documentation related to the determination of the correct scholarship amount,
including, but not limited to the names of other students in the same household
attending or planning to attend the same chartered nonpublic school;
or (6) An indication, if
applicable, that the student's family income is at or below two hundred
percent of the federal poverty guidelines, as defined in section 5101.46 of the
Revised Code; (C) A scholarship recipient seeking to continue to receive
a scholarship in the year subsequent to a year in which a scholarship was
received may be required to submit an application to the department in the
manner established by the department and provide the information and
documentation that the department has determined necessary for the effective
implementation of the program. Such information may include those items
specified in paragraph (B) of this rule. Scholarships for students for whom
eligibility has not been terminated pursuant to rule 3301-11-09 of the
Administrative Code may be renewed until the student has completed grade
twelve. (D) If any scholarship application includes an indication
that the student's family income is at or below two hundred per cent of
the federal poverty guidelines, the applicant shall also be required to provide
such documentation as specified by the department to verify the income of any
and all members of the student's household. Such documentation shall be
specified by the department and may include, but not be limited to, copies of
federal tax return or transcript, W-2 forms, letters of employment separation
or termination, and the final paystub, and statements of unemployment benefits,
workers compensation benefits, child support benefits, pension or retirement
benefits received. Additionally, the applicant may voluntarily provide
identification information, including the social security numbers of the
members of the student's household, to facilitate procedures for the
verification of income. The application process and forms shall clearly
indicate that the provision of social security numbers is strictly optional to
the applicant, and that procedures are in place to ensure the confidentiality
of the information. (E) In submitting an application for a scholarship, the
applicant shall agree to the following: (1) That the information
provided on the application is true and correct; (2) For students with
family income above two hundred percent of the federal poverty guidelines, that
if a scholarship is received, and the scholarship amount is less than the
tuition of the chartered nonpublic school, payment of the difference is the
responsibility of the applicant, and the applicant may have the opportunity to
provide services in-kind in accordance with division (B) of section 3310.13 of
the Revised Code; (3) That the chartered
nonpublic school and the department will be informed of changes in family
income that would impact whether or not the student is at or below two hundred
percent of the federal poverty guidelines annually with submission of the
application; (4) That the chartered
nonpublic school and the department will be informed within two weeks of any
change in the student's residential address; (5) That the student will
not be eligible to receive scholarships in subsequent years if a student who
qualifies for scholarship under division (A) of section 3310.03 of the Revised
Code moves outside the current district of residence unless the student
transfers to a new resident district and otherwise would be assigned to a
designated building in the new resident district; fails to take each state test
prescribed for the student's grade level under section 3301.0710 or
3301.0712 of the Revised Code; or is absent from school for more than twenty
days, not including documented excused absences; (6) That only one
application per chartered nonpublic school per scholarship program for the
student has been submitted; (7) That the applicant
has received and understands the policy handbook of the chartered nonpublic
school and will abide by its provisions; (8) That the applicant
agrees to abide by the dispute resolution process outlined in rule 3301-11-14
of the Administrative Code; (9) That the scholarship
amount will only be applied to the tuition of the enrolling school and that the
parent or guardian may be required to pay other fees and costs as prescribed by
the policies of the school; (10) That the applicant
will apply for any and all financial aid or tuition discounts and adjustments
made regularly available to the students attending the chartered nonpublic
school in which the student is accepted for enrollment; (11) That the applicant
understands that any optional information as specified in paragraph (D) of this
rule provided by the applicant is being provided voluntarily; and (12) 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. (F) 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 entities approved
pursuant to rule 3301-11-12 of the Administrative Code.
Last updated June 16, 2023 at 8:59 AM
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Rule 3301-11-07 | Awarding scholarships.
(A) The applicant shall be notified of a
scholarship award via mail within thirty days of award
determination. (B) If an eligible student who is awarded
a scholarship subsequently decides the scholarship will not be utilized, the
applicant shall notify the department of his or her election to decline the
scholarship within sixty days of the decision. (C) Any eligible student who has not been
awarded a scholarship shall be placed on a waiting list maintained by the
department. Scholarships shall be awarded to eligible students on the waiting
list as they are declined by other applicants in a manner consistent with
section 3310.02 or 3310.032 of the Revised Code, as applicable, until such date
as may be established by the department.
Last updated June 16, 2023 at 8:59 AM
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Rule 3301-11-08 | Transfer of scholarship.
(A) Scholarships awarded pursuant to
this program may be transferred to another chartered nonpublic school listed
pursuant to rule 3301-11-11 of the Administrative Code. The applicant and the
chartered nonpublic school accepting the transferred student shall notify the
department in the manner prescribed by the department as required by rule
3301-11-05 of the Administrative Code. The applicant may designate in writing
that the chartered nonpublic school enrolling the student notify the department
on behalf of the applicant. Scholarships are not transferable to any other
student. (B) In the case where a child transfers
during the course of the school year to another chartered nonpublic school, the
department shall prorate the amounts paid to each school based on the period of
attendance at each school relative to the minimum number of hours each school
is open for instruction with pupils in attendance, as described in section
3313.48 of the Revised Code.
Last updated June 16, 2023 at 8:59 AM
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Rule 3301-11-09 | Termination of eligibility.
Effective:
February 24, 2006
(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) It is determined that the application made for the program contained false information that, had it 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 chartered nonpublic school in which the student is enrolled, and fails within thirty calendar days to enroll in another school listed pursuant to rule 3301-11-11 of the Administrative Code. (B) Eligibility to receive scholarships in subsequent school years and submit an application for continuing eligibility pursuant to paragraph (B) of rule 3301-11-05 of the Administrative Code shall cease if the scholarship recipient fails to comply with the provisions of paragraphs (C)(1) to (C)(3) of rule 3301-11-04 of the Administrative Code. (C) Eligibility to receive scholarships in subsequent school years shall not be terminated because a student failed to take a state test prescribed for the student's grade level if a determination is made by the department that the chartered nonpublic school in which the student was enrolled failed to meet its obligation to administer the test. (D) The applicant and the chartered nonpublic school in which the student is enrolled shall be notified by mail of termination of eligibility. Such notification shall include the effective date of the termination.
Last updated May 23, 2023 at 11:13 AM
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Rule 3301-11-10 | Payment of scholarship amounts.
(A) Payment of scholarship amounts shall
be made by warrant of the auditor of state or other method authorized in the
Revised Code made payable in the name of the parent, legal guardian, custodian
of the student, or if the student is at least eighteen years of age in the name
of the student, and the chartered nonpublic school in which the student is
enrolled. Warrants shall be mailed to the address provided by the chartered
nonpublic school. (B) The actual amount of each scholarship is made in
accordance with section 3317.022 of the Revised Code. 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. (C) In the case where a child transfers during the course
of the school year to another chartered nonpublic school with a different
tuition, the department will adjust payments in accordance with section
3317.022 of the Revised Code. (D) In the case where overpayments are made on behalf of a
participating student, the department shall inform the chartered nonpublic
school of the amount of the overpayment, and the chartered nonpublic school
shall refund the amount to the department. The amount of the refund shall be
calculated based on the period of attendance at the chartered nonpublic school
relative to the minimum number of hours the school is open for instruction with
pupils in attendance, as described in section 3313.48 of the Revised
Code. (E) In the case where a student withdraws or is expelled
from the chartered nonpublic school, or where a student's eligibility to
continue to receive a scholarship is terminated pursuant to paragraph (A) of
rule 3301-11-09 of the Administrative Code, payment of the scholarship amount
will be prorated based on the number of days the student was enrolled at the
chartered nonpublic school relative to the minimum number of hours the school
is open for instruction with pupils in attendance, as described in section
3313.48 of the Revised Code. 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. (F) In the case where a scholarship is awarded post the
providers start date, the scholarship is prorated from the scholarship
award date through the end of the school year. The parent is financially
responsible for all fees accrued with the provider prior to the scholarship
award date. Once awarded, the actual amount of the scholarship will be prorated
in accordance with this rule and section 3317.022 of the Revised
Code.
Last updated June 16, 2023 at 8:59 AM
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Rule 3301-11-11 | Participation by chartered nonpublic schools.
(A) Not later than January first of each
year, the department shall publish a list of chartered nonpublic schools that
have indicated their willingness to participate in the scholarship programs
established in sections 3310.02 and 3310.032 of the Revised Code. The list of
approved nonpublic schools will be updated monthly. In addition to the
requirements in sections 3310.01 to 3310.17 of the Revised Code, schools
appearing on the list shall be those that, by signature of the principal or
other governing authority, have made the following
representations: (1) That the school holds
a valid charter issued by the state board of education under section 3301.16 of
the Revised Code, and that the school is currently in compliance with state
operating standards that apply to chartered nonpublic schools as specified in
Chapter 3301-35 of the Administrative Code; (2) That the school will
annually communicate to the department the tuition structure for the school
including all discounts and other tuition adjustments offered or
available; (3) That the school will make its
facilities and the records pertinent to the effective implementation of this
chapter available at any time during regular business hours for announced or
unannounced visits by department personnel responsible for ensuring compliance
with this chapter, or by persons under contract with the department to perform
compliance reviews; (4) That the school has in place
sufficient student attendance recordkeeping procedures, including processes for
documentation of excused absences; (5) That the school has in place systems
to ensure the confidential nature of student records; (6) That the school will 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; (7) That the school will abide by its
admission policy fairly and without discrimination with regard to students
applying for or having been awarded scholarships pursuant to this
chapter; (8) That the school will disenroll any
scholarship student as soon as a determination is made that the student will no
longer attend the school. Disenrollment shall be recorded as the last date that
the student attended classes; (9) That the school will 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. (B) Any chartered nonpublic school that
does not fulfill its obligations under Chapter 3301-11 of the Administrative
Code may be disallowed from participation in the program for a period of time
to be specified by the department, or until such time as the school can provide
assurances satisfactory to the department that it shall fulfill its
obligations.
Last updated June 16, 2023 at 8:59 AM
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Rule 3301-11-12 | Entities designated to file applications.
Chartered nonpublic schools listed pursuant to rule
3301-11-11 of the Administrative Code shall be authorized to file applications
and the required documentation on behalf of applicants if so designated in
writing by the applicant. The department may establish procedures that allow an
applicant to designate other entities to file an application on the
applicant's behalf. In no case shall any financial charge be made to the
applicant for application assistance.
Last updated June 16, 2023 at 9:00 AM
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Rule 3301-11-14 | Dispute resolution.
If, at any time, a dispute arises regarding the
eligibility of a student to participate in the scholarship program or any other
aspect of the operation of the program, the department shall be the final
authority in the resolution of the dispute. (A) A complaint shall be sent, in
writing, by the aggrieved party to the department. Attached to the complaint
shall be any documentation supporting the position of the aggrieved
party. (B) The department shall acknowledge
receipt of the complaint within three business days, review the documents and
make a determination of eligibility within forty-five days of receiving the
complaint. (C) Should the aggrieved party disagree
with the determination, they may request a meeting with the departments
designee to review the determination. The requested meeting will take place
within fourteen days of the receipt of the request. (D) Final determinations will be made and
communicated to the school within fourteen days of the review
meeting.
Last updated June 16, 2023 at 9:00 AM
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Rule 3301-11-15 | Program administration.
Where not provided in Revised Code or rule, the
department shall establish dates that constitute the deadlines for activities
related to the implementation of this chapter no later than the first of
January prior to the school year to which the deadlines pertain. The department
shall also adopt such procedures necessary to implement this chapter including,
but not be limited to: (A) Procedures for handling incomplete
applications; (B) Procedures for performing income
verification; (C) Procedures for administering rule
3301-11-07 of the Administrative Code; (D) Procedures for resolving questions of
legal guardianship; (E) Procedures for improving program
administration and client satisfaction through surveys and other processes;
and (F) Procedures for reissuance of lost or
damaged warrants.
Last updated June 16, 2023 at 9:00 AM
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