3301-37-02 Compliance and investigation.

(A) No school district board of education, county MRDD board, educational service center, or eligible nonpublic school shall operate, establish, manage, conduct or maintain a preschool program without a license issued under sections 3301.52 to 3301.59 of the Revised Code and this chapter of the Administrative Code. Preschool programs operated by a head start grantee or head start delegate agency shall be licensed under Chapter 5104. of the Revised Code.

(B) Programs exclusively for children whose parent is enrolled in an adult education program are exempt from these rules provided all of the following apply:

(1) At least one parent is on the premises and readily available at all times.

(2) The program is provided on a part time basis during hours of operation.

(C) Programs operated by a county MRDD board for children under the age of three are not required to be licensed through the department of education. Programs operated by a county MRDD board for preschool children age three and older are required to be licensed.

(D) Programs in a building with a preschool program licensed by the department of job and family services will be considered to meet the requirements of building standards provided:

(1) The approval is relevant to an existing preschool program licensed by the department of jobs and family services in that building.

(2) The existing license issued by the department of jobs and family services is submitted with the program's application for licensing.

(3) A building plan is submitted with the application.

(E) The governing body responsible for the preschool program's operation shall be responsible for securing a license for the facility in which the preschool program operates.

(1) If the program is relocated to a new facility, the governing body shall be responsible for notifying the department on the prescribed forms.

(a) If the new facility is not currently licensed by the department for preschool or school-age child care, a new license will be issued in accordance with sections 3301.52 to 3301.59 of the Revised Code and this chapter of the Administrative Code.

(b) If the new facility is currently licensed by the department for preschool or school-age child care, the existing license will be amended in accordance with paragraph (E)(3) of this rule.

(2) If the program is transferred to another governing body to operate the program but remains in the same facility, both governing bodies are responsible for notifying the department.. The new governing body shall apply for a license.

(3) If a school-age child care program is added to an existing licensed preschool program or a preschool program is added to an existing licensed school-age child care program, a six-month provisional license shall be obtained for the new program. after the six-month provisional period, the license will adhere to the renewal timelines of the pre-existing license.

(F) Programs will receive two onsite inspections in a twelve month period. One inspection shall be unannounced. All visits may be unannounced at the discretion of the department.

(G) Data collected during a licensing inspection may be used in other inspections conducted by the department with regard to specific program performance standards.

(H) Records and reports related to the program shall be submitted as requested by the department.

(I) The most recent written compliance reports and the program's corrective action plan shall remain posted in a conspicuous place near the posted program license until the next compliance report is received from the department.

(J) All complaints and reports concerning the operation of programs regulated by this chapter of the Administrative Code and sections 3301.52 to 3301.59 of the Revised Code, may be reported to the department ombudsman or the office of early learning and school readiness. The name and phone numbers of both parties shall be posted in a conspicuous place near the posted program license.

(K) All actions of the department with respect to licensing a preschool program, renewing a license, refusal to license or renew a license, and revocation of a license, shall be in conformity with sections 3301.57 , 3301.58 and 119. of the Revised Code.

(1) Those licensing actions which shall afford the right to an administrative hearing include:

(a) The proposal to deny initial or renewal license;

(b) The proposal to revoke an existing license, be it provisional or a standard two-year license; or

(c) The proposal to deny a standard two-year license at the expiration of a provisional license.

(2) Those licensing actions that are of an administrative nature shall not afford the right to an administrative hearing. these actions include:

(a) Refusal to renew a license due to a lack of a timely filed renewal application and/or corrective action plan in accordance with section 3301.58 of the Revised Code.

(b) Rejection of any application for licensure for procedural reasons such as, but not limited to, incomplete submission, use of invalid form, or failure to make information available to the department or failure to make information available during an inspection.

(L) A request for any administrative hearing afforded pursuant to Chapter 119. of the Revised Code and this chapter of the administrative code shall be made in writing to the department of education, office of early learning and school readiness, and shall be considered to have been made as of the date the said request is postmarked. requests received by means other than the postal service shall be considered received when time-date stamped upon receipt by the office of early childhood education, department of education.

(M) The department may deny or revoke a license, or refuse to renew a license, if the applicant knowingly makes a false statement on the application, does not comply with the requirements of this chapter of the Administrative Code, or has pleaded guilty or been convicted of an offense described in section 3301.541 of the Revised Code.

(N) If the department revokes a license or refuses to renew a license, the program or fiscal agent shall not be issued a license within two years from the date of revocation of a license or refusal to renew a license.

(O) The following are identified as "serious risk" violations of a license due to the great risk of harm to children:

(1) Children are left unsupervised pursuant to the requirements of this chapter;

(2) Ratio of staff to children is not maintained pursuant to the requirements of this chapter;

(3) Classroom and/or outdoor square footage do not meet the requirements of this chapter;

(4) Staff do not meet the training requirements for management of communicable disease, prevention of child abuse, or first aid as established by this chapter;

(5) Administration of medication procedures do not meet the requirements of this chapter;

(6) Evidence of physical punishment, or physical or verbal abuse is verified.

(P) Any serious risk violation described in, but not necessarily limited to, paragraph (O) of this rule, as reviewed by the department at its discretion and in conjunction with other violations of the rules in this chapter, may result in any of the following:

(1) Prohibition of the issuance of a license pursuant to this chapter;

(2) Initiation of the process for license revocation; or

(3) Non-renewal of a license issued pursuant to this chapter.

(Q) Any entity with serious risk violations shall provide documentation of correction to the department within thirty days from the date on the department's notification to the entity of said violation.

Effective: 06/25/2009
R.C. 119.032 review dates: 04/09/2009 and 06/25/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.53
Rule Amplifies: 3301.52 - 3301.59
Prior Effective Dates: 5/28/04