Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3301-53 | Special Education Programs for the Mentally Retarded

 
 
 
Rule
Rule 3301-53-01 | Minimum standards for establishing 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.

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

(C) Eligible children. The county board of developmental disabilities shall provide a program to serve:

(1) Children with disabilities who have been determined eligible for special education services in accordance with rule 3301-51-06 of the Administrative Code regarding evaluations.

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

(D) Special education program requirements.

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

(a) Confidentiality and personal information systems in section 3319.321 and Chapter 1347. of the Revised Code, regarding safeguards of student records.

(b) Scope of obligation in section 3321.04 of the Revised Code, regarding student attendance strategies.

(c) Education of children with disabilities in Chapter 3323. of the Revised Code.

(d) All applicable state and local health and safety codes.

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

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

(E) School district of residence requirements.

(1) The school district of residence that placed a child in a special education program run by a county board of developmental disabilities shall ensure compliance with the following:

(a) A free education to be provided; hours in a school year, pursuant to section 3313.48 of the Revised Code.

(b) Policy regarding suspension, expulsion, removal, and permanent exclusion, pursuant to section 3313.661 of the Revised Code, policy regarding suspension or expulsion specifies the types of misconduct for which a pupil may be suspended, expelled, or removed, except that if the section is inconsistent with the Individuals with Disabilities Education Act (2006), then the Individuals with Disabilities Education Act shall control.

(c) Immunization of pupils, immunization record, annual summary, pursuant to section 3313.67 of the Revised Code, required immunizations.

(d) Emergency Medical Authorization pursuant to section 3313.712 of the Revised Code, emergency medical authorization.

(e) Contract with health district for services of physician, dentist, or nurse pursuant to section 3313.72 of the Revised Code.

(f) Purpose and definitions pursuant to rule 3301-35-01 of the Administrative Code, the purpose and definitions for the operating standards for kindergarten to twelfth grade.

(g) Governance, leadership, and strategic planning pursuant to rule 3301-35-02 of the Administrative Code, services that identify student health and safety concerns and opportunities for access to appropriate related resources.

(h) Board of health shall inspect schools and may close them pursuant to section 3707.26 of the Revised Code, regarding inspection of schools by the board of health.

(F) Evaluation and establishing.

(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 by the department of education to the state board of education for establishing if the program meets the requirements specified in this rule and those set forth in Chapter 3301-51 of the Administrative Code regarding the education of children with disabilities.

Last updated April 28, 2022 at 10:57 AM

Supplemental Information

Authorized By: 3301.07, 3301.07(J)
Amplifies: 3301.07(J), 3323.02, 3323.09
Five Year Review Date: 4/28/2027
Prior Effective Dates: 11/1/1977
Rule 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 nonresident school-age children incurred by the educating county board of developmental disabilities that is in excess of the per-pupil amount of resident children received by the county board of developmental disabilities under Chapter 3317. of the Revised Code.

(2) "Individualized education program" (IEP) 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 child enrolled in a county board of developmental disabilities program.

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

(5) "Related Services" as defined in rule 3301-51-01 of the Administrative Code.

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

(1) A school district within the territory served by the county board places or has placed a child with the county board for special education, but another district outside the territory served by the county board 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 are to be completed by the end of the fiscal year subsequent to when the expenses occurred.

(D) Payment of certified 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, administrative cost, operations support, staff support, pupil support, contracted educational cost, and related services; 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.

Last updated April 28, 2022 at 10:57 AM

Supplemental Information

Authorized By: 3301.07, 3323.142
Amplifies: 3323.142
Five Year Review Date: 4/28/2027
Prior Effective Dates: 7/1/1989