Chapter 3301-35 Standards for Kindergarten through Twelfth Grade

3301-35-01 Purpose and definitions.

(A) The purpose for adopting the rules in this chapter, which comprise the operating standards for Ohio school districts and elementary and secondary schools, is to assure that all students are provided a general education of high quality. The rules in this chapter establish specific expectations for school districts and schools to use in creating the best learning conditions for meeting the personalized and individualized needs of each student and achieving state and local educational goals and objectives. The operating standards focus on the most critical expectations for school districts and schools in order to foster a regulatory system that focuses on improving outputs and student outcomes.

(B) The following terms are defined as they are used in this chapter:

(1) "Assessment" means the measuring of student achievement of performance goals and objectives.

(2) "Benchmark" means a higher performing school district or school, whether similar or not, used to compare performance.

(3) "Blended Learning" means the delivery of instruction in a combination of time in a supervised physical location away from home and online delivery whereby the student has some element of control over time, place, path, or pace of learning.

(4) "Board of education" means the locally elected, governing body of a school district or the governing body of a STEM school, nonpublic school, municipal school district or college preparatory boarding school.

(5) "Classified staff" means nonteaching school personnel who are assigned to positions that do not require a certificate, license, permit or other credentialing document and that are listed in accordance with section 3317.12 of the Revised Code.

(6) "Continuous improvement plan" means a document used to guide educators, students and their families, business people, and community members in the process of achieving and measuring substantial improvements in the school district's or school's performance. The continuous improvement plan is part of the strategic plan. All school continuous improvement plans must align with the school district's continuous improvement plans.

(7) "Credentialed staff" means faculty or staff who hold a certificate, license, permit or other document issued under section 3301.071 or Chapter 3319. of the Revised Code. For non-chartered, non-tax supported schools, credentialed includes holding a bachelor's degree from a university or college; or certification of any administrator, supervisor, or teacher who has attended and received a diploma from a "bible college" or "bible institute" as described in division (E) of section 1713.02 of the Revised Code.

(8) "Credit flexibility" means that students may earn high school graduation credit by demonstrating subject area competency through the completion of traditional coursework, testing out or otherwise demonstrating mastery of course content and/or pursuing an approved educational option pursuant to the model for credit flexibility adopted by the state board of education (education.ohio.gov).

(9) "Digital learning" means learning facilitated by technology that gives students some element of control over time, place, path or pace of learning.

(10) "Digital learning tools" means computers, tablets, software, applications, or other technology necessary to access a school's program of digital learning.

(11) "Dropout prevention and recovery program" means an approved program that has received a waiver from the department of education pursuant to section 3313.603 of the Revised Code, which may permit enrolled students to qualify for high school graduation by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the Ohio course requirements described in division (C) of section 3313.603 of the Revised Code.

(12) "Educational options" means learning experiences or activities that are designed to extend, enhance, supplement, or serve as an alternative to classroom instruction and meet the personalized and individualized needs of each student. Educational options are offered in accordance with the models adopted by the state board of education (education.ohio.gov), local board of education policy and with parental approval.

(13) "Educational service personnel" are specially qualified individuals who possess the knowledge, skills and expertise to support the educational, instructional, health, mental health and college and career readiness needs for all students. All educational service personnel shall hold appropriate qualifications, including applicable special teaching certificates, multi-age licensure or specific licensure in the areas to which they are assigned.

(a) Educational service personnel that support educational, instructional and college and career readiness programs include, but are not limited to: fine arts, music, and physical education teachers, librarian or media specialists, school counselors and reading intervention specialists;

(b) Educational service personnel that support the learning needs of the special needs student population include, but are not limited to: gifted intervention specialists, adapted physical education teacher, audiologist, interpreter, speech-language pathologists, physical and occupational therapists and English as a second language specialist;

(c) Educational service personnel that support the health and mental health of the student population include, but are not limited to: the school nurse, social worker, school psychologist, and school resource officer.

(14) "Extended learning opportunities" means a variety of initiatives that ensure students have access to a diverse array of content-rich, high-quality opportunities that expand the time they are actively engaged in learning. These opportunities provide students with structured opportunities for academic support and enrichment, extra-curricular activities, service-learning; mentoring, recreation, character education, and other developmental activities.

(15) "Harmful to juveniles" has the same meaning as in section 2907.01 of the Revised Code.

(16) "Intervention" means alternative or supplemental instruction designed to help students meet performance objectives.

(17) "Obscene" has the same meaning as in division (F) of section 2907.01 of the Revised Code as that division has been construed by the supreme court of this state.

(18) "Policies" means general principles governing the operation of a school. Policies shall be established and adopted by the board of education.

(19) "Procedures" means detailed rules, regulations and courses of action, specified in writing, for carrying out school district and school policies.

(20) "School," with the exception of the term "school" as used in rule 3301-35-08 of the Administrative Code, means an environment organized for learning and chartered pursuant to this chapter and section 3301.16 of the Revised Code to provide a community of students with the opportunity to acquire skills and knowledge necessary to meet state and local performance objectives.

(21) "School district" means a local, exempted village, city or joint vocational school district as defined in Chapter 3311. of the Revised Code. For chartered, nonpublic schools, "school district" means a school or schools under the jurisdiction of the governing authority of the chartered, nonpublic school.

(22) "School year" means the year beginning the first day of July and ending on the thirtieth day of June of the next succeeding calendar year.

(23) "Site evaluation" means an evaluation the Ohio department of education conducts in accordance with section 3302.04 of the Revised Code to determine whether a school district or school meets the operating standards in this chapter.

(24) "Stakeholder" means those who directly affect or are affected by the educational success of a school district and school. Stakeholders may include, but are not limited to, colleges and universities, school district and school staff, employers, parents, students, and other individuals or groups in the community. For nonpublic schools, the governing authority of the school identifies "stakeholders."

(25) "Teacher of record" means an educator who is responsible for a significant portion of a student's instruction within a subject or a course.

Replaces: 3301-35-01

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07
Prior Effective Dates: 9/1/83, 12/31/00, 2/24/2006, 7/23/10

3301-35-02 Governance, leadership, and strategic planning.

(A) The board of education, superintendent, treasurer, faculty and staff shall develop and communicate the school district's vision, mission, guiding principles, priorities, and strategies for addressing stakeholder needs, especially those of students. To assure that the school district operates as a successful thinking and learning organization, the board, superintendent, treasurer, faculty, and staff should serve as positive role models, reinforce best practices and provide strong leadership. The board of education shall be responsible for developing policies governing the school district operations and educational programs, which are consistent with applicable local, state, and federal law and regulations.

(B) The proper governance, leadership, organization, administration, and supervision of a school district or school require effective and focused strategic planning. A strategic plan guides the school district or school and key stakeholders in the ongoing measurement of school district or school performance to assure adequate progress is being made toward strategic goals and objectives. Strategic planning identifies short-and long-range goals and the strategies necessary to achieve them. Strategic planning is the responsibility of the board of education, the superintendent and other key stakeholders.

(C) Policies and procedures regarding student health and safety shall be designed to ensure the safety and wellness of all students. Such policies and procedures shall comply with applicable local, Ohio, and federal laws for health, fire drills, and safety. These policies shall also include:

(1) Vision and hearing screenings, referrals and follow up; and

(2) The posting of emergency procedures and telephone numbers in classrooms for use by parents, students, and school personnel.

Replaces: 3301-35-01

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.07(D)(3)(a), 3302.03, 3302.04, 3302.041, 3313.536, 3313.67, 3313.712, 3313.713, 3313.719, 3313.815, 3319.073, 3737.73
Prior Effective Dates: 2/17/01; 2/24/2006; 7/23/2010

3301-35-03 Blended learning.

(A) Each board of education or chartered nonpublic school that operates a school or a classroom as a blended learning environment shall adopt policies and procedures that address the following:

(1) Means of personalization of student centered learning models to meet the needs of each student.

(2) The evaluation and review of the quality of on-line curriculum delivered to students.

(3) Assessment of each participating student's progress through the curriculum. Students shall be permitted to advance through each level of the curriculum based on demonstrated competency/mastery of the material.

(4) The assignment of a sufficient number of teachers to ensure a student has an appropriate level of interaction to meet the student's personal learning goals. Each participating student shall be assigned to at least one teacher of record. A school or classroom that implements blended learning cannot be required to have more than one teacher for every one hundred twenty-five students.

(5) The method by which each participating student will have access to the digital learning tools necessary to access the on-line or digital content.

(6) The means by which each school shall use a filtering device or install filtering software that protects against internet access to materials that are obscene or harmful to juveniles on each computer provided to or made available to students for instructional use. The school shall provide such device or software at no cost to any student who uses a device obtained from a source other than the school.

(7) The means by which the school will ensure that teachers have appropriate training in the pedagogy of the effective delivery of on-line or digital instruction.

(B) A school is exempt from school year hourly requirements established in division (A) of section 3313.48 of the Revised Code to the extent that a school alters the hours that it is open for instruction in order to accommodate blended learning opportunities that apply to all students.

(C) Students engaged in blended learning shall have the ability to earn credits by demonstrating mastery of knowledge or skills through competency-based learning models. Students shall advance from grade to grade based upon credits earned. Credit shall not be based on a minimum number of days or hours in a classroom or on a digital learning device.

Replaces: 3301-35-03

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3302.41
Prior Effective Dates: 12/31/2000, 2/24/2006, 7/23/2010

3301-35-04 Student and other stakeholder focus.

(A) To ensure that student and other stakeholder needs are understood and addressed, the school district or school shall:

(1) Establish and communicate clear, high expectations for academic performance, attendance and conduct for all students regardless of gender, race, ethnicity, English proficiency or disability;

(2) Diagnose and assess the needs of students and other stakeholders and use assessment results and the value-added progress dimension to make informed decisions about curriculum, instruction, assessment, and goals;

(3) Monitor and analyze its performance index score, educational offerings, facilities, services and instructional materials to determine their effectiveness in helping students meet performance objectives;

(4) Continually improve programs and policies to better meet student needs by:

(a) Considering input from stakeholders;

(b) Monitoring and considering the changing needs and expectations of stakeholders;

(c) Regularly conducting stakeholder satisfaction evaluations using objective, reliable methods; and

(d) Comparing the results of stakeholder evaluations to those of benchmark school districts or schools.

(5) Communicate information about student attendance, conduct, academic performance and progress to parents on a regular basis.

(B) The school district or school shall implement a curriculum and instructional program that is characterized by systematic planning, articulation, and evaluation. The school district's curriculum shall be developed with input from and dialogue with parents, community members, and other stakeholders.

(1) In addition to those subjects required by the Revised Code, school districts also shall provide for study of the following:

(a) Personal safety and assault prevention in grades kindergarten through six;

(b) Foreign language;

(c) Technology;

(d) Family and consumer sciences; and

(e) Business education.

(2) Courses of study shall define the key components of a school district's curriculum and instruction.

(a) A course of study shall be adopted for each subject taught. Each course of study shall

(i) Comply with the provisions of section 3313.60 of the Revised Code;

(ii) Align with the school district vision, mission, philosophy, educational goals, and strategic plan;

(iii) Specify learning and performance expectations;

(iv) Establish a scope and sequence of knowledge and skills to be learned;

(v) Provide a way to assess student progress and the need for intervention;

(vi) Address the various developmental needs of early childhood, middle childhood, and adolescent through young adult students;

(vii) Use technological tools and emphasize inter-disciplinary, real-world, project-based, and technology-oriented learning experiences;

(viii) Be guided by Ohio's state-adopted academic content standards;

(ix) For career and technical courses, be guided by state board approved career and technical core standards and performance measures.

(b) Courses of study shall be reviewed and updated as needed.

(c) School districts shall provide for an assessment system that aligns with their courses of study and includes:

(i) Regular assessment of student performance;

(ii) A policy governing the provision of academic prevention/intervention services for all grades and all schools through the school district;

(iii) Guidelines for using assessment results and the value-added progress dimension for instruction, evaluation, intervention, guidance, and grade-promotion decisions;

(iv) Written policies and procedures regarding the participation of students with disabilities;

(v) Ongoing professional staff development that teaches accepted standards of practice in the selection, administration, interpretation, and use of assessments;

(vi) Multiple and appropriate assessments that shall be used to measure student progress;

(vii) Assessment practices that, when used to qualify students for graduation, promotion or special programs or services, conform to current professional standards for validity and reliability; and

(viii) Sharing information with parents, students, and the community regarding assessment purposes and results.

(C) The school district or school shall provide every student with opportunities to acquire the knowledge and skills required to meet local course of study objectives.

(D) School districts and chartered nonpublic schools shall provide students with the opportunity to acquire knowledge and skills and earn credits toward graduation through a variety of methods that shall include, but not be limited to, the following:

(1) Advanced standing programs;

(2) Credit flexibility;

(3) Requirements for awarding credit, including credit for study abroad, to students who successfully complete courses in grades nine through twelve or have demonstrated competency through the successful completion of approved credit flexibility options; and

(a) Shall specify that a fractional unit of credit be awarded on a proportionate basis for a course that meets less than the minimum one hundred twenty hours required for one credit unit;

(b) May permit more than one unit of credit to be awarded on proportionate basis for a course that meets more than one hundred twenty hours;

(c) May permit students below the ninth grade to take advanced work for credit; and

(d) Shall specify that units earned in English language arts, mathematics, science, and social studies that are delivered through integrated academic and technical instruction are eligible to meet the graduation requirements.

(E) Student achievement shall be monitored according to established procedures.

(1) Student progress reports shall be provided to parents on a regular basis. Parents shall be notified of problems with student achievement, conduct or attendance in a timely manner. Parent-teacher conferences may be one method of providing this information to parents.

(2) Student cumulative records shall be maintained, and student records shall be safeguarded according to the Family Educational Rights and Privacy Act (January 2013), 20 USC section 1232 g.

(3) Criteria for decisions on student promotion and retention shall be established.

(4) Student admission, placement, and withdrawal shall be processed according to established procedures, includes policies for:

(a) The admission of students to kindergarten and grade one shall be established; and

(b) Accepting grade placement and units of credit for students transferring from any school in the state of Ohio and from any out-of-state school approved by a state department of education or the equivalent for schools attended in another country.

(5) Diplomas shall be issued to students who complete graduation requirements.

Replaces: 3301-35-04

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 1347.99, 3301.0711, 3313.60, 3313.6013, 3313.602, 3313.603, 3313.608, 3313.609, 3313.61, 3313.611, 3313.612, 3313.613, 3313.614, 3313.615, 3313.641, 3313.90, 3319.01
Prior Effective Dates: 7/1/68, 7/1/70, 9/1/83, 2/17/01, 2/24/06, 7/23/2010

3301-35-05 Faculty and staff focus.

(A) Credentialed and classified staff shall be recruited, employed, assigned, evaluated and provided professional development in accordance to state and federal law.

(1) Each credentialed staff member shall hold the appropriate credentials for his/her assigned position. Copies of credentials appropriate to staff assignments shall be on file in the school district's administrative office.

(2) The ratio of teachers to students school district-wide shall be at least one full-time equivalent classroom teacher for each twenty-five students in the regular student population.

The ratio of teachers to students in kindergarten through fourth grade on a school district-wide basis shall be at least one full-time equivalent classroom teacher per twenty-five students in the regular student population.

(3) The local board of education shall be responsible for the scope and type of educational services in the district. The district shall employ educational service personnel to enhance the learning opportunities of all students. Educational service personnel assigned to elementary fine arts, music and physical education shall hold the special teaching certificate or multi-age license in the subject to which they are assigned.

(4) Every school shall be provided the services of a principal.

(5) Credentialed staff shall be evaluated. Evaluation systems should align with state models and the Ohio educator standards, October 2005 (education.ohio.gov).

(6) Classified staff shall be evaluated at regular intervals. Evaluation results shall be discussed with the classified staff in evaluation conferences.

(7) Data shall be used to determine the amount and nature of faculty and staff professional development necessary to implement the school district's vision, mission, and strategic plan.

(a) Professional development planning may include the identification of observable and measurable staff learning outcomes, the individual or group needs of faculty and staff to develop or improve the knowledge and skills necessary to address personalized and individualized student learning needs, a focus on closing the gap between student performance and the expectations for student performance, and identification of the resources necessary to support the professional learning outcomes, follow-up and evaluation.

(b) Professional development for all faculty and staff shall continually be monitored, evaluated, and improved to align with school district goals and objectives and to meet the changing needs of students. Professional development for credentialed staff shall be provided.

(8) Teachers shall be provided sufficient time for designing their work, evaluating student progress, conferencing, and team planning. Time shall be established for teachers to pursue collaborative planning for the development of lesson plans, professional development, and shared learning. The schedule of full-time equivalent classroom teachers assigned to a school with a teacher day of six hours or longer, excluding the lunch period, shall include two hundred minutes per week for these purposes.

(B) The school district or school shall maintain an environment that supports personal and organizational performance excellence by allowing credentialed and classified staff the opportunity to develop and use their full potential to achieve school district and school objectives.

(1) The organizational design of the school district or school shall promote communication, cooperation, and the sharing of knowledge and skills across work functions, units and locations.

(2) All staff shall know and demonstrate knowledge of and commitment to the school district and school vision, mission, philosophy, goals, objectives, strategic and continuous improvement plans, and performance expectations and results.

(3) The school district or school shall continually evaluate its work environment and improve it to support school district, school and student goals.

(4) All licensed educators and other school district staff shall engage in professional development that aligns with the Ohio educator standards, October 2005 (education.ohio.gov).

(5) Faculty and staff shall strive to create and maintain an environment of encouragement, trust and mutual commitment to school district and school goals.

(6) Faculty and staff shall work within a healthy, safe environment and help maintain and improve a healthy, safe environment conducive to student learning and performance excellence.

Replaces: 3301-35-05

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.071, 3301.074, 3319.01, 3319.02, 3319.11, 3319.111, 3319.112, 3319.22, 3319.222, 3319.39, 3319.391
Prior Effective Dates: 7/1/68, 7/1/70, 4/30/77, 9/1/83, 12/31/00, 2/24/2006, 3/22/2008, 7/23/2010

3301-35-06 Educational programs and support.

(A) Educational programs and experiences shall be designed and implemented to provide a general education of high quality for all students. Students shall be provided sufficient time and opportunity to achieve local school district performance requirements and objectives measured by required local, approved and state achievement assessments. Instruction shall be focused on the personalized and individualized needs of each student and include intervention that is designed to meet student needs. Instruction and instructional activities shall be:

(1) Consistent with educational research and proven practices;

(2) Appropriate to student ages, developmental needs, learning styles, abilities, and English proficiency; and

(3) Designed to ease the transition of students from one educational environment to another.

(4) Phonics shall be used as a technique to teach reading in kindergarten through third grade.

(B) Stakeholder partnerships

(1) The school district or school through its board of education, superintendent, and staff shall work with key stakeholders, including, but not limited to, the following:

(a) Parents, in part through the adoption of a policy on parental involvement in the schools;

(b) Business advisory councils;

(c) Family and civic engagement teams;

(d) School-parent or school-business partnerships;

(e) Other schools, social services, and organizations that impact educational programs for students.

(2) In addition to its regular budget process, the school district shall work with key stakeholders to review the school district's allocation of educational resources. This evaluation shall be conducted at least once every three years to ensure that the school district's resources are allocated in an effective and equitable manner. Allocation and expenditure of school district resources must be aligned with the school district's strategic plan and reflect best practices in financial management.

(C) Educational options

(1) All educational options shall require:

(a) An instructional and performance plan that is based on individual student needs and shall include:

(i) Instructional and performance objectives that align with the school district's curriculum requirements;

(ii) An outline that specifies instructional activities, materials, and learning environments; and

(iii) A description of the criteria and methods for assessing student performance.

(b) Parental permission for students under age eighteen;

(c) Superintendent approval prior to student participation;

(d) Involvement of a credentialed teacher in reviewing the instructional plan, which may include providing, supervising, or reviewing instruction or learning experiences, and the evaluation of student performance; and

(2) Credit for approved educational options shall be assigned according to student performance relative to stated objectives of the approved instructional and performance plan and in accordance with local board policy and established procedures.

(3) Each school district shall communicate information and procedures related to credit flexibility and educational options available in the school district to students, parents and all interested stakeholders.

(D) School districts may contract with public and private providers of academic remediation and intervention in mathematics, science, reading, writing, and social studies to assist students in grades one through six outside of regular school hours.

Replaces: 3301-35-06

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.077, 3301.131, 3313.472, 3313.48, 3313.481, 3313.603, 3313.6010, 3313.62, 3313.82, 3319.24, 3321.04, 3321.041, 3321.05
Prior Effective Dates: 7/2/68, 7/1/70, 4/30/77, 9/1/83, 12/31/00, 2/24/2006, 3/22/08, 7/23/2010

3301-35-07 Data-driven improvement.

(A) To provide a foundation for measuring and improving operational and educational performance, each school district or school shall:

(1) Collect and analyze information about key areas of school operations and educational performance and areas of needed improvement identified in its strategic plan, and if applicable, in its continuous improvement plan;

(2) Ensure that information collected is accessible, valid and reliable; and

(3) Monitor, evaluate, improve, and update the information to meet changing educational needs.

(B) For key operational and educational areas, school districts and schools should determine their baseline performance levels, evaluate and compare their performance levels with similar school districts and schools, benchmarks and generally accepted best practices. The school district or school shall use the comparative information, performance index score and other data to promote innovation, improve instruction and learning, improve school district and school performance, and set higher goals for future achievement. The analysis of performance data, including disaggregated data, may be used to:

(1) Determine progress, identify areas for improvement, and develop corrective action plans;

(2) Measure year-to-year improvement of various student populations; and

(3) Communicate student performance results to staff, parents, and other stakeholders.

(C) The state's education management information system (EMIS) provides an integrated system of statewide collecting, reporting and compiling of school district and school information in a manner that complies with state and federal laws protecting student privacy.

(1) The performance measures a school district uses shall reflect the major categories of data collected under EMIS relating to students, staff, and financial status.

(2) The school district shall work with the department of education to submit timely and accurate data under EMIS, and the school district shall minimize the time it takes to verify the accuracy of its data.

(D) To ensure continuous improvement of its information system, the school district or school shall regularly evaluate the system to ensure that the information it collects is:

(1) Appropriate and collected in a manner that complies with state and federal laws protecting student privacy;

(2) Shared with parents, staff, students, and other stakeholders in accordance with state and federal laws protecting student privacy; and

(3) Used to improve the school district's performance.

(E) The school district or school shall evaluate organizational effectiveness by analyzing key measures of its systems, operations and support services and use the data to drive improvement.

(F) The department of education may conduct site evaluations of school districts and schools.

(1) When the department of education conducts a site evaluation of a school district or school, the superintendent shall be informed in advance of the site evaluation dates and procedures.

(2) A written report of the results of the school district site evaluation shall be sent to the superintendent and the president of the board of education. The state superintendent shall also be informed of the results. The site evaluation report may include recommendations for revision of the school district's continuous improvement plan and implementation process. The school district shall schedule a public meeting to be held within ninety days of the report's receipt to discuss the report's recommendations with the public. The superintendent shall notify parents and other stakeholders of the meeting's place, date and time.

(3) The school district shall prepare a written plan for responding to the report's recommendations and submit it to the department of education.

(4) The department of education may conduct additional on-site verification to review progress.

(G) All school districts and schools shall conduct a comprehensive review of their educational programs and organizational effectiveness to determine whether they are aligned with Ohio law, all applicable federal laws, and the school district's locally defined vision, mission statement, goals, objectives and strategic plan.

(1) Educational program reviews shall be conducted periodically and scheduled to generate timely data. The department of education may help school districts conduct the review.

(2) School districts that have developed and implemented a continuous improvement plan shall use that plan as a framework for conducting the review. School districts shall also be guided by:

(a) The most recent school district local report card;

(b) The five-year projection of revenue and expenditures; and

(c) Other pertinent information as determined by the district.

(3) School districts shall incorporate the results of the educational program review within their educational goals, and where applicable, modify their strategic plans or continuous improvement plans accordingly.

(H) Failure to comply with applicable rules shall be cause for initiating efforts to revoke the school district's charter in accordance with section 3301.16 of the Revised Code and Chapter 119. of the Revised Code. The department of education may investigate allegations of noncompliance with the rules in this chapter, as it deems necessary.

(I) Exceptions to the provisions of the rules of this chapter excluding rule 3301-35-08 of the Administrative Code, may be granted by the state superintendent in accordance with standards determined by the state board of education upon evidence of good and sufficient reason and recommendation by the superintendent of public instruction.

Replaces: 3301-35-07

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.0714, 3301.16, 3302.03, 3302.04, 3302.041
Prior Effective Dates: 12/31/2000, 2/24/2006

3301-35-08 Non-chartered, non-tax supported school.

A school that is not chartered or seeking a charter from the state board of education because of truly held religious beliefs shall annually certify in a report to the parents of its pupils that the school meets Ohio minimum standards for non-chartered, non-tax supported schools cited in paragraphs (A) to (G) of this rule. A copy of said report shall be filed with the Ohio department of education on or before the thirtieth of September of each year.

(A) School year. The school shall be open for instruction with pupils in attendance for not less than four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year according to section 3313.48 of the Revised Code.

(B) Pupil attendance. Pupil attendance shall be reported to facilitate administration of laws relating to compulsory education and the employment of minors. Parents shall be responsible for reporting their child's school enrollment or withdrawal. An individual in charge of the non-chartered, non-tax supported school may, as a matter of convenience, provide the report for the parent.

(1) The attendance report shall include the name, age, and place of residence of each pupil below eighteen years of age.

(2) The report shall be made to the treasurer of the board of education of the city, exempted village, or local school district in which the pupil resides.

(3) The report shall be made within the first two weeks of the beginning of each school year. In the case of pupil withdrawal or entrance during the school year, notice shall be given to the treasurer of the appropriate board(s) of education. Such notice shall be given within the first week of the next school month.

(C) Teacher and administrator qualifications. Teachers and administrators shall have received a bachelor's degree or the equivalent thereof from a recognized college or university.

(D) Courses of study. Each non-chartered, non-tax supported school shall have courses of study for the following subjects:

(1) Language arts;

(2) Geography, the history of the United States and Ohio, and national, state, and local government;

(3) Mathematics;

(4) Science;

(5) Health;

(6) Physical education;

(7) The fine arts, including music;

(8) First aid, safety, and fire prevention;

(9) Other subjects as prescribed by the non-chartered, non-tax supported school.

(E) Pupil promotion. Each non-chartered, non-tax supported school shall follow regular procedures for promotion from grade to grade of pupils who have met the school's educational requirements.

(F) Pupil health and safety. Each non-chartered, non-tax supported school shall comply with state and local health, fire, and safety laws.

(G) Pupils attending a non-chartered, non-tax supported school are not entitled to pupil transportation and pupils attending a non-chartered, non-tax supported school are not entitled to auxiliary services.

A non-chartered, non-tax supported school is not entitled to nonpublic administrative cost reimbursement.

Replaces: 3301-35-08

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3313.48, 3313.536, 3313.65, 3317.06, 3317.063, 3327.01
Prior Effective Dates: 9/1/83

3301-35-09 Chartered nonpublic schools.

A nonpublic school chartered by the state board of education shall assure that its students receive a general education of high quality.

(A) A nonpublic school shall assure that students are provided a general education of high quality by either:

(1) Being accredited by an association whose standards have been reviewed by the state superintendent's advisory committee on chartered nonpublic schools and approved by the state board of education; or

(2) Showing compliance with rules 3301-35-01 to 3301-35-07 of the Administrative Code except that:

(a) Notwithstanding paragraph (A) of rule 3301-35-05 of the Administrative Code, chartered nonpublic schools may consider religious affiliation in hiring and employment decisions to the extent permitted by law;

(b) Paragraphs (A)(2) and (A)(3) of rule 3301-35-05 of the Administrative Code regarding student-teacher ratios and educational service personnel shall not apply;

(c) Paragraph (D)(2) of rule 3301-35-04 of the Administrative Code regarding a requirement to offer credit flex shall not apply;

(d) Paragraph (B) of rule 3301-35-06 of the Administrative Code regarding stakeholder partnerships shall not apply, except for the requirement that chartered nonpublic schools shall work with their key stakeholders; and

(e) Notwithstanding paragraph (F)(2) of rule 3301-35-07 of the Administrative Code regarding site evaluations, chartered nonpublic schools are not required to hold a public meeting to discuss a report of the results of the site evaluation or to notify their parents and stakeholders of such a meeting. Chartered nonpublic schools shall notify their parents and stakeholders of the report issued by the department of education and make the report available to them.

(B) A chartered nonpublic school that does not meet the requirements set forth in paragraph (A) of this rule shall be subject to the provisions of paragraphs (H) and (I) of rule 3301-35-07 of the Administrative Code.

(C) The superintendent of public instruction shall establish an advisory committee on chartered nonpublic schools to make recommendations to the state board of education concerning development and administration of regulations for chartered nonpublic schools. Committee membership shall represent chartered nonpublic school constituency groups including the "Association of Christian Schools International"; the "Catholic Conference of Ohio"; the "Government Affairs Committee of Ohio Jewish Communities, Inc."; the "Lutheran Schools of Ohio"; the "Ohio Association of Independent Schools"; and the "Seventh Day Adventist Schools, Ohio Conference." Each group shall have representation on the committee, and these groups shall constitute no less than two-thirds of the committee's membership.

Replaces: 3301-35-09

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.16, 3302.01, 3302.04, 3313.48, 3313.536, 3313.65, 3317.06, 3317.063, 3327.01
Prior Effective Dates: 6/24/99, 2/24/2006

3301-35-10 Procedures for beginning a new school and for changing location or ownership of a school.

(A) A new school may be established and operated for a specified period in accordance with sections 3301.16 and 3313.48 of the Revised Code and the following procedures, provided the school has at least three grade levels or fifteen students.

(1) The superintendent shall contact the Ohio department of education about beginning a school and shall attend the "beginning a chartered nonpublic school" workshop conducted by the department of education.

(2) The Ohio department of education shall provide copies of these operating standards and procedures for beginning a school.

(3) The superintendent shall submit to the Ohio department of education a plan for meeting operating standards. The plan shall include:

(a) Objectives related to operating standards; and

(b) A timeline for meeting operating standards. Nonpublic schools shall also comply with rules 3301-39-01 to 3301-39-03 of the Administrative Code, entitled approval of nonpublic schools.

(4) A new school may operate under a letter of approval issued by the Ohio department of education subsequent to an on-site evaluation and approval of an operations plan. A new school may be approved to operate for a period not to exceed four years.

(5) The state superintendent of public instruction may recommend that the state board of education grant a charter when an on-site evaluation indicates that a school is meeting operating standards.

(B) A change in location or ownership of any school shall comply with section 3313.48 of the Revised Code and be reported to the Ohio department of education. A change in location or ownership shall render a charter null and void.

Replaces: 3301-35-10

Effective: 4/24/2015
Five Year Review (FYR) Dates: 04/24/2020
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.07(D)(2), 3301.16, 3313.48, 3317.024, 3317.06, 3327.01
Prior Effective Dates: 6/24/99, 2/24/2006

3301-35-11 [Rescinded] Procedures for evaluation and intervention.

Effective: 4/24/2015
Five Year Review (FYR) Dates: 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07
Prior Effective Dates: 12/31/2000, 2/24/2006, 1/29/2011

3301-35-12 [Rescinded] Chartered nonpublic schools.

Effective: 4/24/2015
Five Year Review (FYR) Dates: 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.16, 3302.01, 3302.04
Prior Effective Dates: 12/31/00, 2/24/2006

3301-35-13 [Rescinded] Special purpose schools.

Effective: 4/24/2015
Five Year Review (FYR) Dates: 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.16, 3302.07
Prior Effective Dates: 12/31/00, 2/24/2006

3301-35-14 [Rescinded] Procedures for beginning a new school and for changing location or ownership of a school.

Effective: 4/24/2015
Five Year Review (FYR) Dates: 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 3301.07
Rule Amplifies: 3301.07, 3301.16, 3313.48
Prior Effective Dates: 12/31/00, 2/24/2006

3301-35-15 Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion.

(A) Notwithstanding rule 3301-35-01 of the Administrative Code, the following definitions apply for purposes of this rule:

(1) "Aversive behavioral interventions" means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as application of noxious, painful and/or intrusive stimuli, including any form of noxious, painful or intrusive spray, inhalant or taste.

(2) "Chemical restraint" means a drug or medication used to control a student's behavior or restrict freedom of movement that is not:

(a) Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under Ohio law, for the standard treatment of a student's medical or psychiatric condition; and

(b) Administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under Ohio law.

(3) "Mechanical restraint" means:

(a) Any method of restricting a student's freedom of movement, physical activity, or normal use of the student's body by using an appliance or device manufactured for this purpose; but

(b) Does not mean a device used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purpose for which the device was designed and, if applicable, prescribed, including:

(i) Restraints for medical immobilization;

(ii) Adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or

(iii) Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

(4) "Parent" means:

(a) A biological or adoptive parent;

(b) A guardian generally authorized to act as the child's parent, or authorized to make decisions for the child (but not the state if the child is a ward of the state);

(c) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare;

(d) A surrogate parent who has been appointed in accordance with paragraph (E) of rule 3301-51-05 of the Administrative Code; or

(e) Any person identified in a judicial decree or order as the parent of a child or the person with authority to make educational decisions on behalf of a child.

(5) "Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose of inducing a student to move to a safe location.

(6) "Physical restraint" means the use of physical contact in a way that immobilizes or reduces the ability of an individual to move the individual's arms, legs, body, or head freely. Such term does not include a physical escort, mechanical restraint, or chemical restraint. Physical restraint does not include brief physical contact for the following or similar purposes:

(a) To break up a fight;

(b) To knock a weapon away from a student's possession;

(c) To calm or comfort;

(d) To assist a student in completing a task/response if the student does not resist the contact; or

(e) To prevent an impulsive behavior that threatens the student's immediate safety (e.g. running in front of a car).

(7) "Positive behavior intervention and supports" means

(a) A school-wide systematic approach to embed evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes, and increase learning for all students, and that

(b) Encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrences of challenging behaviors, and teach appropriate behaviors to students.

(8) "Prone restraint" means physical or mechanical restraint while the individual is in the face-down position for an extended period of time.

(9) "School district" means a local, exempted village, city, joint vocational or cooperative education school district as defined in Chapter 3311. of the Revised Code; an educational service center that operates a school or educational program ; a community school as defined in Chapter 3314. of the Revised Code; a science, technology, engineering, and mathematics school as defined in Chapter 3326. of the Revised Code; or a college-preparatory boarding school as defined in Chapter 3328. of the Revised Code. For purposes of this rule, the term does not include schools operated in facilities under the jurisdiction of the department of rehabilitation and corrections or the department of youth services.

(10) "Seclusion" means the involuntary isolation of a student in a room, enclosure, or space from which the student is prevented from leaving by physical restraint or by a closed door or other physical barrier.

(11) "Student" means a child or adult aged three to twenty-one enrolled in a school district.

(12) "Student personnel" means teacher, principal, counselor, social worker, school resource officer, teacher's aide, psychologist, bus driver, or other school district staff who interact directly with students.

(13) "Timeout" means a behavior intervention in which a student, for a limited and specified time, is separated from the class within the classroom or in a non-locked setting for the purpose of self-regulating and controlling his or her own behavior. In a timeout, the student is not physically restrained or prevented from leaving the area by physical barriers.

(B) Implementation of positive behavior intervention and supports. Each school district shall implement positive behavior intervention and supports on a system-wide basis.

(C) Prohibition on certain practices. The following practices are prohibited by school personnel under any circumstance:

(1) Prone restraint;

(2) Any form of physical restraint that involves the intentional, knowing, or reckless use of any technique that:

(a) Involves the use of pinning down a student by placing knees to the torso, head, or neck of the student;

(b) Uses pressure point, pain compliance, or joint manipulation techniques; or

(c) Otherwise involves techniques that are used to unnecessarily cause pain.

(3) Corporal punishment;

(4) Child endangerment, as defined in section 2919.22 of the Revised Code;

(5) Deprivation of basic needs;

(6) Seclusion or restraint of preschool children in violation of paragraph (D) of rule 3301-37-10 of the Administrative Code;

(7) Chemical restraint;

(8) Mechanical restraint (that does not include devices used by trained school personnel, or by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed);

(9) Aversive behavioral interventions; or

(10) Seclusion in a locked room or area.

(D) Physical restraint.

(1) Prone restraint is prohibited.

(2) Physical restraint may be used only if

(a) A student's behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available;

(b) The physical restraint does not obstruct the student's ability to breathe;

(c) The physical restraint does not interfere with the student's ability to communicate in the student's primary language or mode of communication; and

(d) By school personnel who are trained in safe restraint techniques, except in the case of rare and unavoidable emergency situations when trained personnel are not immediately available.

(3) Physical restraint may not be used for punishment or discipline or as a substitute for other less restrictive means of assisting a student in regaining control.

(E) Seclusion

(1) Seclusion may be used only

(a) If a student's behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available;

(b) As a last resort to provide an opportunity for the student to regain control of his or her actions;

(c) For the minimum amount of time necessary for the purpose of protecting the student and others from physical harm;

(d) In a room or area that:

(i) Is not locked;

(ii) Does not prevent the student from exiting the area should staff become incapacitated or leave the area; and

(iii) Provides adequate space, lighting, ventilation, and the ability to observe the student; and

(e) Under constant supervision by staff who are trained to be able to detect indications of physical or mental distress that require removal and/or immediate medical assistance and who document their observations of the student.

(2) Seclusion may not be used for punishment or discipline, for the convenience of staff, or as a substitute for other less restrictive means of assisting a student in regaining control.

(F) Reporting and notification. Any incident of seclusion or restraint shall be immediately reported to building supervision and the parent. Any incident of seclusion or restraint shall be documented in a written report that is made available to the parent within twenty-four hours and that is maintained by the school district.

(G) Training and professional development. A school district shall ensure that an appropriate number of personnel in each building are trained in crisis management and de-escalation techniques. The school district shall maintain written or electronic documentation on training provided and lists of participants in each training. Training on positive behavior intervention and supports is encouraged.

(H) Policies and procedures. A school district shall develop written policies and procedures concerning the use of seclusion and restraint that are consistent with the policy on positive behavior interventions and support, restraint and seclusion, as adopted by the state board of education January 2013 (education.ohio.gov). A district's complaint procedures shall include

(1) A procedure for a parent to present written complaints to the superintendent of the school district to initiate a complaint investigation by the school district regarding an incident of restraint or seclusion; and

(2) A requirement that the school district shall respond to the parent in writing within thirty days of the filing of a complaint regarding an incident of restraint or seclusion.

These policies and procedures shall be accessible on the district's website, and each district shall be responsible for notifying all parents annually of its policies and procedures concerning seclusion and restraint.

(I) Monitoring. A school district shall establish a procedure to monitor the implementation of this policy and the district's policy on restraint and seclusion. Each school district shall make its records concerning restraint and seclusion available to staff from the Ohio department of education upon request.

(J) Reporting. A school district shall annually report information regarding its use of restraint and seclusion to the Ohio department of education in the form and manner as prescribed by the department.

Effective: 6/22/2015
Five Year Review (FYR) Dates: 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.03, 3319.46, 3326.11, 3328.24
Rule Amplifies: 3301.07, 3319.03, 3319.46, 3326.11, 3328.24
Prior Effective Dates: 08/01/2013