Chapter 3301-39 Approval of Nonpublic Schools

(A) “Approval to operate” – A letter from the Ohio department of education to a nonpublic school indicating that the school has complied with this rule and is in the process of complying with minimum standards.

(B) “Charter” – That document granted by the state board of education to a school or school district pursuant to section 3301.16 of the Revised Code.

(C) “Minimum standards” – Those rules promulgated by the state board of education pursuant to division (D) of section 3301.07 of the Revised Code.

(D) “Nonpublic school” – Any school, other than a public school, providing instruction for pupils of compulsory school age.

R.C. 119.032 review dates: 02/13/2006 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3317.024, 3317.06, 3327.01

Rule Amplifies: 3301.07, 3317.024, 3317.06, 3327.01

Prior Effective Dates: 10/1/1982

(A) Any nonpublic school which is chartered by the state board of education or which is in receipt of an approval to operate from the Ohio department of education shall demonstrate consistent with the criteria and procedures set forth in rules 3301-39-03 and 3301-39-04 of the Administrative Code that it has adopted and implemented racially nondiscriminatory policies in recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities and that it is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(B) Any nonpublic school which requests either an approval to operate or a charter must demonstrate consistent with the criteria and procedures set forth in rules 3301-39-03 and 3301-39-04 of the Administrative Code that it has adopted and implemented racially nondiscriminatory policies in recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities and that it is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(C) The superintendent of public instruction shall provide either an approval to operate or recommend to the state board of education the granting of a charter to a nonpublic school only upon a determination that the nonpublic school has either an approved plan to comply, or has complied, with the minimum standards, respectively, and that its policies and practices are consistent with Chapter 3301-39 of the Administrative Code.

(D) Pupils attending nonpublic schools operating without an approval to operate are not entitled to pupil transportation as provided pursuant to section 3327.01 of the Revised Code, and pupils attending nonpublic schools operating without a charter are not entitled to auxiliary services as provided pursuant to section 3317.07 of the Revised Code. Nonpublic schools operating without a charter are not entitled to nonpublic administrative cost reimbursement provided pursuant to section 3317.063 of the Revised Code. Schools without either an approval to operate or a charter may, independent of this rule, request a determination of compliance with minimum standards from the state department of education for the purpose of permitting pupils and their parents to comply with the compulsory attendance laws as set forth in Chapter 3321. of the Revised Code.

(E) Any determination made under the criteria and procedures set forth by the superintendent of public instruction which may adversely affect a nonpublic school shall be appealable to the state board of education, which will consider such appeal pursuant to Chapter 119. of the Revised Code.

(F) Any nonpublic school, which is chartered by the state board of education or which is in receipt of an approval to operate from the Ohio department of education, which fails to demonstrate consistent with the criteria and procedures set forth in rules 3301-39-03 and 3301-39-04 of the Administrative Code that it has adopted and implemented racially nondiscriminatory policies in recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities and that it is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation shall have such charter revoked or approval to operate withdrawn. Such revocation or withdrawal shall be pursuant to the provisions of Chapter 119. of the Revised Code.

R.C. 119.032 review dates: 02/13/2006 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3317.024, 3317.06, 3327.01

Rule Amplifies: 3301.07, 3317.024, 3317.06, 3327.01

Prior Effective Dates: 10/1/1982

(A) The duly authorized representative of the governing board of the nonpublic school shall attest, under oath, and provide evidence to the superintendent of public instruction that:

(1) The governing board of the nonpublic school has adopted and implemented racially nondiscriminatory policies on recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities.

(2) The nonpublic school is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(3) Racially identifiable information is maintained on all:

(a) Applicants for enrollment, scholarships/loans/fee waivers, and employment;

(b) Enrolled pupils; and

(c) Employees.

(B) The duly authorized representative of the governing board of a nonpublic school, which is not chartered by the state board of education or which is not in receipt of an approval to operate from the Ohio department of education, shall attest, under oath, and provide evidence to the superintendent of public instruction that notice has been advertised throughout the school district(s) from which pupils are enrolled or sought to be enrolled that the nondiscriminatory policies have been adopted as required in rule 3301-39-02 of the Administrative Code, and contrary statements or actions have not been taken which would negate the effect of that advertisement.

R.C. 119.032 review dates: 02/13/2006 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3317.024, 3317.06, 3327.01

Rule Amplifies: 3301.07, 3317.024, 3317.06, 3327.01

Prior Effective Dates: 10/1/1982

(A) Nonpublic schools desiring a charter or an approval to operate

(1) The nonpublic school shall request information from the division of elementary and secondary education, Ohio department of education, concerning the procedures to follow to obtain either an approval to operate or a charter.

(2) The division of elementary and secondary education shall provide the nonpublic school with a copy of Chapter 3301-39 of the Administrative Code and the “Procedure for a Nonpublic School Requesting Either an Approval to Operate or a Charter.”

(3) To be eligible for technical assistance from the Ohio department of education, the nonpublic school shall sign and return to the division of equal educational opportunities, Ohio department of education, an affidavit of intent not to discriminate and assurance that the nonpublic school is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(4) Following investigation and approval by the division of equal educational opportunities of the affidavit, the division of elementary and secondary education will be available to provide technical assistance for the purpose of assuring that the nonpublic school develops and implements educational policies and practices consistent with minimum standards. The division of equal educational opportunities will be available to provide technical assistance for the purpose of assuring that the nonpublic school develops and implements nondiscriminatory policies.

(5) The governing board of the nonpublic school shall adopt racially nondiscriminatory policies on recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities. Copies of such policies shall be submitted for approval to the division of equal educational opportunities.

(6) The nonpublic school shall advertise notice of the approved policies required by this rule. Such advertisement shall be:

(a) In the form approved by the division of equal educational opportunities,

(b) Published within ninety days prior to the annual acceptance of any applications for enrollment or the enrollment of any pupils, and

(c) Placed once a week for a four-week period in two newspapers of general circulation in those school districts from which the nonpublic school intends to enroll pupils.

Proof of publication of such advertisement shall be submitted to the division of equal educational opportunities.

(7) If a determination is made that the nonpublic school has not adopted and advertised such policies, the nonpublic school is to be notified in writing, and all technical assistance from the Ohio department of education shall cease. If the nonpublic school is determined to have adopted and advertised such policies, the process of providing technical assistance shall continue.

(8) The duly authorized representative of the nonpublic school shall complete and submit to the division of equal educational opportunities immediately following the first full week of October in each school year the form entitled “Report of Nonpublic School.”

(9) The division of equal educational opportunities shall determine through an on-site evaluation that the nonpublic school has adopted, advertised, and implemented nondiscriminatory policies and that the nonpublic school is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(10) The division of elementary and secondary education shall determine that the nonpublic school either has a satisfactory plan to comply, or has complied, with the minimum standards.

(11) Following the determinations under paragraphs (A)(9) and (A)(10) of this rule, the division of equal educational opportunities will authorize the nonpublic school to advertise for the purpose of soliciting complaints to the division of equal educational opportunities regarding any racial discrimination in the operation of said nonpublic school. Such advertisement shall be:

(a) In the form prescribed by the division of equal educational opportunities, and

(b) Placed once a week for a four-week period in two newspapers of general circulation in those school districts from which pupils are enrolled or sought to be enrolled.

Proof of publication of such advertisement shall be submitted to the division of equal educational opportunities ten days after the final date of publication.

(12) Upon receipt of a complaint of discrimination in response to the advertisement required under paragraph (A)(11) of this rule, the division of equal educational opportunities shall first determine if the facts warrant investigation. If the division’s investigation causes it to conclude that the nonpublic school’s policies or practices are discriminatory, the nonpublic school shall be notified of the intent not to grant either an approval to operate or a charter to such school and the right of such nonpublic school to a hearing on such matter pursuant to Chapter 119. of the Revised Code.

(B) Chartered schools and schools with approval to operate

(1) The governing board of the nonpublic school shall adopt and implement nondiscriminatory policies on recruitment, admissions, employment, scholarships/loans/fee waivers, educational programs, and athletics/extracurricular activities and shall assure that the nonpublic school is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation. Copies of such policies shall be submitted for approval to the division of equal educational opportunities.

(2) The duly authorized representative of the nonpublic school shall complete and submit to the division of equal educational opportunities immediately following the first full week of October in each school year the form entitled “Report of Nonpublic School.”

(3) The division of equal educational opportunities shall determine through an on-site evaluation or other means that the nonpublic school has adopted and implemented nondiscriminatory policies and that the nonpublic school is not an alternative to court or administrative agency ordered, or public school district initiated, desegregation.

(4) The division of elementary and secondary education shall determine through an on-site evaluation or other means that the nonpublic school maintains compliance with the minimum standards.

(5) If a determination is made that the nonpublic school has not met the requirements of paragraphs (B)(1) to (B)(4) of this rule, and does not within ninety days of notification of such, the nonpublic school shall be notified of the intent to either withdraw the letter of approval or revoke the charter of the nonpublic school and the right of such nonpublic school to a hearing on such matter pursuant to Chapter 119. of the Revised Code.

(6) Upon receipt of a complaint of discrimination by any nonpublic school, the division of equal educational opportunities shall first determine if the facts warrant investigation. If the division’s investigation causes it to conclude that the nonpublic school’s policies or practices are discriminatory, the nonpublic school shall be notified of the intent to either withdraw the letter of approval or revoke the charter of the nonpublic school and the right of such nonpublic school to a hearing on such matter pursuant to Chapter 119. of the Revised Code.

(7) Nonpublic schools which possess a charter or approval to operate on the effective date of this rule shall perfect compliance with this rule within two years of its effective date.

R.C. 119.032 review dates: 02/13/2006 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3317.024, 3317.06, 3327.01

Rule Amplifies: 3301.07, 3317.024, 3317.06, 3327.01

Prior Effective Dates: 10/1/1982