3301-11-04 Eligibility for program participation.

(A) A student who did not receive an educational choice scholarship during the school year prior to the year for which a scholarship is sought must meet the following conditions to be eligible to receive a scholarship:

(1) The student meets any one of the following:

(a) Is enrolled, during the school year prior to that for which the scholarship is sought, in a school building designated pursuant to rule 3301-11-03 of the Administrative Code, and the school building is in the student's resident district;

(b) Is eligible to enroll in kindergarten in the school year for which a scholarship is sought and would otherwise be assigned to attend a school building designated pursuant to rule 3301-11-03 of the Administrative Code; or

(c) Is enrolled, during the school year prior to that for which the scholarship is sought, in a community school established under Chapter 3314. of the Revised Code and otherwise, at the time of application, would be assigned under section 3319.01 of the Revised Code to a school building designated pursuant to rule 3301-11-03 of the Administrative Code; or

(d) Is enrolled in a school building that is operated by the student's resident district or in a community school established pursuant to Chapter 3314. of the Revised Code and otherwise would be assigned pursuant to section 3319.01 of the Revised Code to a school building designated pursuant to rule 3301-11-03 of the Administrative Code in the school year for which the scholarship is sought; or

(e) Is eligible to enroll in kindergarten during the school year for which a scholarship is sought, or is enrolled in a community school established pursuant to Chapter 3314. of the Revised Code and all of the following apply to the student's resident district:

(i) The district has in force an intradistrict open enrollment policy under which no student in kindergarten or the community school student's grade level, respectively, is automatically assigned to a particular school building;

(ii) In at least two of the three most recent ratings of school districts published prior to the first day of July of the school year for which a scholarship is sought, the district was declared to be in a state of academic emergency pursuant to section 3302.03 of the Revised Code;

(iii) The district was not declared to be excellent or effective pursuant to section 3302.03 of the Revised Code in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought; and

(2) The student is not a resident of the Cleveland Municipal School District.

(B) A student for whom a new scholarship is sought shall not be considered eligible to receive a scholarship if at any time following the submission of an application for scholarship and prior to a scholarship being awarded the student is no longer enrolled in the school indicated on the submitted application, except that a student shall be considered as enrolled in the school indicated on the submitted application after the last scheduled day of classes if the student was enrolled in the school during the school year prior to that for which the scholarship is sought and through the final day of scheduled classes for the school year. For the purpose of determining enrollment status, the department may consider information submitted by the public school district pursuant to rule 3301-11-06 of the Administrative Code and data submitted to the department through the education management information system established pursuant to section 3301.0714 . of the Revised Code. Disputes regarding enrollment determinations shall follow the department's dispute resolution process pursuant to rule 3301-11-14 of the Administrative Code.

(C) A student who has received an educational choice scholarship shall continue to be eligible to receive scholarships in subsequent school years until the student completes grade twelve, if all of the following apply:

(1) The student's resident district remains the same as when the original scholarship was granted;

(2) The student takes each state test prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in the chartered nonpublic school; and

(3) The student is absent from school for not more than twenty days that the school is open for instruction not including documented excused absences as attested to by the chartered nonpublic school.

R.C. 119.032 review dates: 11/05/2010 and 11/05/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3310.17
Rule Amplifies: 3310.01 to 3310.17
Prior Effective Dates: 2/24/2006, 5/26/2007