Chapter 3301-53 Special Education Programs for the Mentally Retarded

3301-53-01 Minimum standards for chartering county board of developmental disabilities special education schools.

(A) Definitions. All terms used in this rule shall be considered as defined in rules 3301-35-01 and 3301-51-01 of the Administrative Code. Rule 3301-35-01 of the Administrative Code sets forth the definitions for the minimum standards for elementary and secondary schools and rule 3301-51-01 of the Administrative Code sets forth the definitions for the rules governing the education of children with disabilities.

(B) Responsibilities of the county board of developmental disabilities. The county board of developmental disabilities shall provide a special education program for eligible students appropriately placed in such schools pursuant to rules 3301-51-01 to 3301-51-11 of the Administrative Code.

(C) Eligible students. The board shall provide a program to serve:

(1) Children with disabilities who in accordance with rule 3301-51-06 of the Administrative Code have been placed in special education schools operated by the board.

(2) Preschool children who are eligible for preschool special education services under rule 3301-51-11 of the Administrative Code.

(D) School requirements

(1) All schools shall comply with the following statutes and related rules:

(a) Section 3313.48 of the Revised Code, free education to be provided, hours in a school year.

(b) Section 3313.661 of the Revised Code, policy regarding suspension or expulsion, except that if the section is inconsistent with the Individuals with Disabilities Education Act, the Individuals with Disabilities Education Act shall control.

(c) Section 3313.67 of the Revised Code, required immunizations.

(d) Section 3313.712 of the Revised Code, emergency medical authorization.

(e) Section 3313.72 of the Revised Code, contract with health district for services of physician, dentist, or nurse.

(f) Section 3319.321 and Chapter 1347. of the Revised Code, safeguarding of student records.

(g) Section 3321.04 of the Revised Code, student attendance.

(h) Chapter 3323. of the Revised Code, education of children with disabilities.

(i) Section 3707.26 of the Revised Code, inspection of schools by the board of health.

(j) Section 3737.73 of the Revised Code, drills and rapid dismissals.

(k) Rule 3301-35-01 of the Administrative Code, the purpose and definitions rule for the operating standards for the operating standards for kindgergarten to twelfth grade

(l) Paragraph (C) of rule 3301-35-02 of the Administrative Code, services that identify student health and safety concerns and opportunities for access to appropriate related resources.

(m) Student attendance strategies in accordance with section 3321.04 of the Revised Code.

(n) Chapter 3301-51 of the Administrative Code, Ohio operating standards for the education of children with disabilities.

(2) A county board of developmental disabilities may ask that an innovative pilot program be exempted from specific laws or rules pursuant to section 3302.07 of the Revised Code and rule 3301-46-01 of the Administrative Code.

(E) Evaluation and chartering.

(1) The school shall be evaluated by the department of education to determine if such school is in compliance with this rule. Following the initial evaluation of the school, the school shall be monitored by the department of education as determined appropriate by the department.

(2) The school shall be recommended to the state board of education for chartering if the school meets the requirements specified in this rule and those set forth in Chapter 3301-51 of the Administrative Code relating to the education of students with disabilities.

Effective: 2/1/2016
Five Year Review (FYR) Dates: 11/12/2015 and 02/01/2021
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.07(J)
Rule Amplifies: 3301.07(J), 3323.02, 3323.09
Prior Effective Dates: 11-1-77, 6-10-88, 7-1-89, 9-23-2005, 10/23/2010

3301-53-03 Excess cost charges for county boards of developmental disabilities for special education programs.

(A) As used in this rule, the following definitions apply:

(1) "Excess cost" means the per-pupil educational cost for educating school-age children incurred by the educating county board of developmental disabilities that is in excess of the per-pupil amount received by the county board of developmental disabilities under Chapter 3317. of the Revised Code.

(2) "Individualized education program" means a written statement for a child with a disability that is developed and implemented in accordance with rule 3301-51-07 of the Administrative Code.

(3) "Certified excess cost" means the cost calculated under this rule approved by the Ohio department of education which is the maximum amount of money a county board of developmental disabilities may charge a public school district responsible for tuition of a nonresident student enrolled in a county board of developmental disabilities program.

(4) "County board" means a county board of developmental disabilities.

(B) County boards may charge the school district responsible for tuition an amount of excess cost calculated under this rule when the following occurs:

(1) The school district places or has placed a child with the county board for special education, but another district is responsible for tuition under Chapter 3313. of the Revised Code; and

(2) The child is not a resident of the territory served by the county board.

(C) Excess cost calculations shall be the actual cost per individual pupil for special education and related services that exceeds the amount received from state sources and transfers for such pupils. District submission and review of excess cost reimbursement requests shall be completed within seventy-five calendar days of the close of the education management information system (EMIS) year-end expenditure flow model costs (EFM) and shall include costs incurred for the fiscal year just completed.

(D) Payment of excess cost by the public school district shall be made directly to the educating county board.

(E) Excess cost calculations completed by a county board shall be based on the following and shall apply only to school-age programs:

(1) Expenditures for direct services of the related service providers, teachers and aides, including teacher salary and benefits, instructional supplies, materials and equipment, excluding food service costs, program supervision, building services and maintenance, administrative, and transportation costs; and

(2) Funding reported on the payment report and transportation reimbursement shall be deducted by the Ohio department of education, and the certified excess cost shall be reported to the county board.

Effective: 2/1/2016
Five Year Review (FYR) Dates: 11/12/2015 and 02/01/2021
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3323.142
Rule Amplifies: 3323.142
Prior Effective Dates: 11-1-77; 6-10-88; 7-1-89; 9/24/2005, 10/23/2010