Chapter 3301-55 Special Education Programs for State Institutions

3301-55-01 Minimum standards for chartering special education programs in state developmental centers and hospitals of the department of developmental disabilities and the department of mental health.

(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 state developmental centers and hospitals. A state developmental center or hospital ("center or hospital") shall provide a special education program ("program") for eligible students placed in such programs pursuant to Chapter 3301-51 of the Administrative Code, which sets forth the procedural safeguards for special education programs.

(C) Eligible students.

(1) State developmental centers operated by the department of developmental disabilities shall provide programs to serve school-age students with multiple disabilities and cognitive disabilities who are determined eligible under rule 3301-51-06 of the Administrative Code; and state hospitals operated by the department of mental health shall provide programs to serve school-age students with emotional disturbance who are determined eligible under rule 3301-51-06 of the Administrative Code.

(2) The program shall be offered to such students who:

(a) Are admitted to a center or hospital under the department developmental disabilities or the department of mental health; and

(b) Are eligible under Chapter 5119. or 5123. of the Revised Code which relate to the department of mental health and the department of developmental disabilities, respectively.

(3) A student may be enrolled in the program if admitted to the center or hospital on a day basis.

(D) Educational program requirements.

(1) All program personnel 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 3319.321 and Chapter 1347. of the Revised Code, safeguarding of student records.

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

(g) Chapter 3323. of the Revised Code, education of handicapped children.

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

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

(j) Rule 3301-35-01 of the Administrative Code, the purpose and definitions for the operating standards for Ohio's elementary and secondary schools.

(k) 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.

(l) 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.

(m) 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 center or hospital 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) Certificated and licensed 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, including selection of same;

(f) Student activity program;

(g) Student admission; and

(h) Student attendance and conduct.

(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 student with multiple disabilities, emotional disturbance, or cognitive disabilities.

(5) Curriculum and instruction shall be characterized by systematic planning, articulation, implementation, and evaluation. The curriculum shall develop functional skills in four life domain areas:

(a) Community;

(b) Domestic;

(c) Leisure and recreation; and

(d) Vocational.

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

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

(8) 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.

(9) The department of developmental disabilities and the department of mental health 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) Certificated or licensed staff shall be recruited, employed, assigned, and provided in-service education without discrimination on the basis of age, color, ancestry, national origin, race, sex, religion, disability, or veteran status.

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

(b) A special education teacher employed in a center or hospital shall hold a valid certificate or license as an intervention specialist in the appropriate area or as an early childhood intervention specialist, as appropriate, 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) Certificated or licensed staff shall be supervised and evaluated according to a planned sequence of observations and evaluation conferences.

(4) Certificated or licensed staff shall have opportunities to plan cooperatively, implement, participate in and evaluate in-service education, which shall include:

(a) Orientation activities for new employees;

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

(c) Information from current research on appropriate topics.

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

(6) Staff shall have access to a professional library.

(7) 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 the certificated or licensed staff, and be available for teacher and student use.

(8) A library collection shall be provided which:

(a) Is selected according to adopted policies with the involvement of certificated or licensed staff;

(b) Is based on student needs; and

(c) Includes materials which support attainment of objectives specified in courses of study.

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

(10) 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. After 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 children 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 , 3323.091
Prior Effective Dates: 11-1-77; 6-10-88; 9-23-2005