3301-42-01 Criteria for enrolling eligible adults in public secondary education programs.

(A) Definitions.

(1) "Board of education" is a board of a school district as defined by section 3311.01 of the Revised Code and refers to city, local, exempted village, and joint vocational school districts.

(2) "Employed" means a contractual or similar position of employment with the board of education where the applicant seeks admission and where contributions are made on behalf of the applicant by the employer to a state retirement system.

(3) "Enrolled in special education" means that at the time of being granted a high school diploma, the applicant was enrolled in special education as described in paragraph (MM) of rule 3301-51-01 of the Administrative Code in accordance with an individualized education program as defined in paragraph (V) of rule 3301-51-01 of the Administrative Code.

(4) "Free of any tuition obligation" means the nonassessment of normal and customary charges related to instructional services or use of facilities, but does not include fees for materials, supplies, instructional or other charges normally assessed other program participants.

(5) "High school diploma" means a diploma issued by a chartered high school in accordance with section 3313.61 of the Revised Code.

(6) "May" means the board of education has discretion to admit applicants as set forth in this rule.

(7) "Resident of the district" means that a domicile has been established within the attendance area of the board of education.

(B) General provisions.

(1) A board of education may admit to the schools of its district, free of any tuition obligation, any resident of the district not otherwise eligible to be admitted who meets the criteria defined in this rule.

(2) For participation in career-technical education programs offered by the district pursuant to sections 3313.90 and 3313.911 of the Revised Code, a board of education may admit the following individuals to the schools of its district free of any tuition obligation and without regard to age:

(a) Any resident of the district who, at the time of being granted a high school diploma, was enrolled in a special education program approved by the state board of education or the department of mental retardation and developmental disabilities; or

(b) Any person employed by the district in a position for which a certificate issued by the state board of education under sections 3319.22 to 3319.31 of the Revised Code is not required, and who:

(i) Seeks admission to a class or program related to his or her position; and

(ii) Is authorized by the district's superintendent to be admitted to the class or program upon determination by the superintendent that the class or program is related to the employee's position.

(C) Restrictions or limitations on eligibility. Residents may be admitted to classes or programs under, but not necessarily limited to, the following conditions:

(1) That residents have not been granted a high school diploma, except as defined by paragraph (B)(2)(a) of this rule.

(2) The class or program is currently operating.

(3) The amount of instruction per individual does not exceed two thousand hours.

(4) Pursuant to paragraph (B)(2)(b)(ii) of this rule, the superintendent of the district through which the class or program is administered has the authority to admit.

(5) That residents are enrolled in appropriate educational experiences intended to lead to:

(a) High school graduation;

(b) The completion of the "General Educational Development (GED) Test";

(c) Employment; or

(d) Classes or programs related to paragraph (B)(2)(b) of this rule.

(D) Authority of a board of education. A board of education electing to admit individuals as provided by this rule shall establish policies and procedures regarding admission into classes or programs authorized in paragraph (B) of this rule consistent with other rules adopted by the state board of education. In developing such policies and procedures, a board of education may consider factors including, but not necessarily limited to:

(1) Availability of space in the classes or programs;

(2) The extent to which classes or programs may need to be modified to accommodate applicants;

(3) Anticipated success of applicants in the classes or programs as determined by a recognized assessment procedure;

(4) Financial impact;

(5) Rules of conduct for admission into, and retention in, classes or programs;

(6) The possible impact of prior felony convictions or other activities of the applicant which could have an adverse effect on other students;

(7) A selection process to determine class or program placement when eligible applicants exceed available space; and

(8) A process for appealing decisions related to admission or retention in a class or program to the board of education.

R.C. 119.032 review dates: 02/05/2008 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 3301.07 , 3313.645

Rule Amplifies: 3313.645 , 3303.01

Prior Effective Dates: 7/1/87, 5/12/03