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