Chapter 3301-39 Approval of Nonpublic Schools

3301-39-01 Definitions.

(A) "Charter" - a document issued by the state board of education to a school or school district pursuant to section 3301.16 of the Revised Code.

(B) "Conditional charter" - a document from the Ohio department of education issued to a nonpublic school indicating that the school has complied with section 3301.16 of the Revised Code and is in the process of complying with rule 3301-35-09 of the Administrative Code.

(C) "Department" - the Ohio department of education.

(D) "Nonpublic school" - any school, other than a public school, providing instruction for pupils of compulsory school age.

Cite as Ohio Admin. Code 3301-39-01

Effective: 4/27/2017
Five Year Review (FYR) Dates: 02/08/2017 and 04/27/2022
Promulgated Under: 119.03
Statutory Authority: 3301.07(D)(2) and (M)
Rule Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Prior Effective Dates: 10/1/1982, 3/27/11

3301-39-02 [Rescinded] Regulations.

Cite as Ohio Admin. Code 3301-39-02

Effective: 4/27/2017
Five Year Review (FYR) Dates: 02/08/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07(D)(2) and (M)
Rule Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Prior Effective Dates: 10/1/1982

3301-39-03 Procedures.

(A) Nonpublic schools seeking a charter, including a conditional charter, shall submit an application in the manner prescribed by the department.

(1) The application and application process shall be published on the department website (www.education.ohio.gov).

(2) To initiate the process for receiving a charter from the state board of education, an application must be submitted to the department between the thirty-first day of December and the fifteenth day of January each year.

(B) The department shall issue a conditional charter to a nonpublic school that demonstrates compliance with the divisions (K)(1)(a) and (K)(1)(b) of section 3301.0711, of the Revised Code as applicable, and section 3313.612 of the Revised Code.

(C) During each school year that a nonpublic school is educating students under a conditional charter, the nonpublic school shall complete and submit the form entitled "Report of Nonpublic School" by the deadline established by the department. The report may be published on the department's website (education.ohio.gov).

(D) A conditional charter issued by the department of education shall expire in the event the nonpublic school is not approved and issued a charter by the state board of education in accordance with paragraph (E) of this rule or within three years of the issuance of the conditional charter. Upon expiration of its conditional charter, a nonpublic school shall not be prevented from initiating another chartering process.

(E) The state board of education shall approve and issue a charter to a nonpublic school upon satisfactory completion of a site visit by the department in which the department determines the nonpublic school has complied with rule 3301-35-09 of the Administrative Code and within three years of the issuance of the conditional charter. In making its determination, the department shall consider evidence provided by an accrediting association if the school is 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 pursuant to paragraph (A)(1) of rule 3301-35-09 of the Administrative Code.

Replaces: 3301-39-03

Cite as Ohio Admin. Code 3301-39-03

Effective: 4/27/2017
Five Year Review (FYR) Dates: 04/27/2022
Promulgated Under: 119.03
Statutory Authority: 3301.07(D)(2) and (M)
Rule Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01
Prior Effective Dates: 10/1/82, 3/27/11

3301-39-04 Oversight/revocation of charter.

(A) A nonpublic school issued a charter by the state board of education shall be subject to monitoring and oversight by the department. Such monitoring and oversight shall include periodic reviews through site-visit, desk audit, investigations of complaints and other means to determine if the nonpublic school is in compliance with rule 3301-35-09 of the Administrative Code and other applicable Ohio laws and rules. In fulfilling its obligation to provide monitoring and oversight, the department shall consider evidence provided by an accrediting association if the school is 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 pursuant to paragraph (A)(1) of 3301-35-09 of the Administrative Code.

(B) If a determination is made by the department that a nonpublic school is not in compliance with rule 3301-35-09 of the Administrative Code or other applicable Ohio laws and rules and the nonpublic school does not fully address all compliance issues within the time period specified in a corrective active plan established by the department, the nonpublic school shall be notified of the department's intent to recommend to the state board of education that its charter be revoked, and of the nonpublic school's right to a hearing pursuant to Chapter 119. of the Revised Code.

(C) Upon conclusion of the hearing and consideration of a designated hearing officer's report and recommendation, the state board may approve or deny the recommendation of the department and revoke the charter of the nonpublic school.

Cite as Ohio Admin. Code 3301-39-04

Effective: 4/27/2017
Five Year Review (FYR) Dates: 04/27/2022
Promulgated Under: 119.03
Statutory Authority: 3301.07(D)(2) and (M)
Rule Amplifies: 3301.07(D)(2), 3317.024, 3317.06, 3327.01