Chapter 3301-53 Special Education Programs for the Mentally Retarded

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

(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 ("board") shall provide a special education program ("program") for eligible students appropriately placed in such programs 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) School-age children with cognitive disabilities and/or multiple disabilities who are determined to be eligible for a program under rule 3301-51-06 of the Administrative Code.

(2) Preschool children who are determined to be eligible for a program under rule 3301-51-06 of the Administrative Code.

(D) Educational program requirements

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

(a) Section 3313.48 of the Revised Code, minimum 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 handicapped children.

(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 Ohio's elementary and secondary schools.

(l) Paragraph (I)(2)(c) of rule 3301-35-06 of the Administrative Code, services that identify student health and safety concerns and opportunities for access to appropriate related resources.

(m) Paragraph (I)(2)(d) of rule 3301-35-06 of the Administrative Code, student attendance strategies in accordance with section 3321.04 of the Revised Code.

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

(2) The program shall be guided by written policies of the board which are consistent with applicable statutory requirements contained in the Revised Code and rules adopted by the state board of education. Such policies shall include, but not be limited to:

(a) Staff;

(b) Cumulative records;

(c) Curriculum and instruction in alignment with Ohio's academic content standards;

(d) Health and safety;

(e) Instructional materials and equipment;

(f) Student activity programs;

(g) Student admission;

(h) Student attendance and conduct;

(i) Selection of materials, textbooks, equipment, and instructional resources; and

(j) Use of behavior management procedures.

(3) A written philosophy of education and educational goals shall give direction to the educational program and shall provide a basis for daily operation.

(4) Courses of study, methods of instruction, and other procedures shall effectively promote the needs, interests, and abilities of each school-age student with cognitive disabilities and student with multiple disabilities. The program shall be designed to raise the level of functioning in all areas of development.

(5) Curriculum and instruction shall be characterized by systematic planning, articulation, implementation, and evaluation.

(6) A current individualized educational program shall be on file for each child with a disability in the program and available to appropriate staff.

(7) Student achievement shall be monitored according to the student's individualized education program . Reports of student progress shall be made to parents at established intervals in accordance with the child's individualized education program.

(8) The school day.

(a) The school day for students in grades one through six shall include scheduled classes, supervised activities or approved educational options for at least five hours, excluding the lunch period. The school day for students in grades seven through twelve shall consist of scheduled classes, supervised activities (excluding interscholastic athletics), or approved educational options for at least five and one-half hours, excluding the lunch period.

(b) Preschool children may attend programs that meet the requirements of rule 3301-37-03 of the Administrative Code, programs.

(9) 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) Educational resources

(1) Staff shall be recruited, employed, assigned, and provided inservice education without discrimination on the basis of age, color, ancestry, national origin, race, sex, religion, disability, or veteran status.

(a) Staff shall be assigned responsibilities in accordance with written position descriptions commensurate with their certification, licensure, and qualifications respectively.

(b) A special class teacher for school-age students with cognitive disabilities and students with multiple disabilities shall hold a valid certificate or license as an intervention specialist in the appropriate area and shall meet any other applicable requirements . A preschool class teacher shall hold a valid certificate or license as an early childhood intervention specialist and shall meet any other applicable requirements.

(c) Related services personnel defined by rule 3301-51-01 of the Administrative Code who provide related services for children with disabilities shall meet the certificate or licensure requirements that are applicable to a qualified provider of that particular service or therapy.

(2) The program shall be provided clerical and custodial services.

(3) Staff shall be supervised and evaluated according to a planned sequence of observations and evaluation conferences.

(4) Staff shall have opportunities to participate in in-service education, which shall include:

(a) Cooperative planning, implementation, and evaluation;

(b) Job-related training in areas of need identified in personnel evaluations;

and

(c) Orientation activities for new employees.

(5) Records shall be maintained on staff participation in in-service education and educational program development.

(6) Instructional materials and equipment shall support attainment of objectives specified in courses of study. Such materials and equipment shall be current, selected according to adopted policies with the involvement of staff, and be available for teacher and student use.

(7) Facilities shall accommodate the enrollment and the philosophy of education and educational goals of the program.

(8) Student activity programs shall be operated in accordance with the philosophy of education and educational goals and shall safeguard the interests of the program, participants, and spectators.

(F) Evaluation and chartering.

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

(2) The program shall be recommended to the state board of education for chartering if the program 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: 10/23/2010
R.C. 119.032 review dates: 08/06/2010 and 10/23/2015
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

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 Chapters 3306. and 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. The calculation of excess cost shall be completed by December first 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 teachers and aides, ancillary services 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: 10/23/2010
R.C. 119.032 review dates: 08/06/2010 and 10/23/2015
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